Ethics Yearly
Ethics Yearly
Ethics Yearly
ETHICS
9.1. LAW AND LIBERTY
Introduction
In the general parlance, liberty and law are seen as opposite forces where law restricts the extent of liberty and
liberty continuously pushing the boundaries of the law. But are they always antithetical to each other? When do
they operate in harmony and when in opposition? How can their opposition be resolved and what should be the
way forward? Positive Liberty: It is the possibility of
What is a law and liberty and how do they interact? acting — or the fact of acting — in such
a way as to take control of one's life and
Broadly, law is the set of rules and regulations which enables effective realize one's fundamental purposes.
functioning of society by upholding its collective value system. For
example, a society which values gender equality will translate this idea Negative Liberty: It is the absence of
obstacles, barriers or constraints for a
into a law that prescribes penalization of gender discrimination.
particular action.
In other words, a law can be understood as a codification of collective
ethics of society. Liberty, on the other hand, broadly refers to the idea or state of being free and being able to
act in accordance with one’s wishes. For example, an Indian citizen
has the liberty to reside in any part of the country.
But the idea of freedom which constitutes the crux of liberty is in
some or the other way part of the societal value system. The idea
of liberty and conception of a law both have their basis in the value
of system of the society.
Every value system remains in continuous flux and so does the idea
of liberty in that society. This is unlike a law which remains static
unless actively amended. This creates a scenario where there is continuous interaction between a law, extent of
societal allowance for liberty and individual liberty. For example, before decriminalization of homosexuality in
India, section 377 of IPC law was at variance with liberty of the individual. At the same time, studies suggest that
for more than 50 percent of India’s population still consider homosexuality as a taboo.
Does the idea of individual liberty influence the lawmaking process? If yes, then how?
As can be seen from above, both liberty and law have their core in the prevalent ethical framework of the society.
This common core leads to influence of liberty on law in following ways-
• Influence through the constitutional pathway: Law, liberty and India’s Constitution
Our constitution upholds the Liberty as a part of Liberty serves as a key value in India’s constitution. This can
basic structure and as a consequence, it becomes be clearly inferred by the text of the preamble which states
fundamental to law making process. For that people of India enjoy liberty of thought, expression,
example, the laws that are blatantly antithetical belief, faith and worship.
to individual liberty are termed as With regard to enforceability of one’s liberty, in India
unconstitutional and thus get repealed. Fundamental Rights of the individual serve as the
• Civil society vigilance on restriction to liberties: barometer for the extent of liberty available to the
Any law which seems to unreasonably restrict individual. For example, liberty granted in Article 21 of the
individual liberty, faces active opposition in the Constitution entails that a person can go out of the country
form of protests and/or non-compliance. For at will, but this is subject to the reasonable restrictions
example, the law barring widow remarriage in documented in the Article.
India faced opposition from several sections and was ultimately amended.
• Democratic nature of the Government: The prevalence of democracy creates an indirect pressure on the
political representative to align laws with collective will of the people. This ensures that altering the status of
societal liberty can entails political costs for the ruling dispensation.
On the other hand, what are the potential impacts a law can have on exercise of liberty?
• Balancing individual liberty and collective needs: Exercise of liberty, although key to experience of freedom
and personal growth, cannot be absolute in nature. The exercise of liberty does not happen in a vacuum but
• Harmonious relationship: This is when science and faith support each other institutionally and engage
constructively on questions concerning them both. Although, such a context is difficult to find but there are
some examples.
o For instance, religious texts are being examined to make archeological and anthropological research more
directed.
Carl Sagan has acknowledged that- “Science and religion need not have a conflicting relationship. Skeptical scrutiny is
the means, in both science and religion, by which deep thoughts can be winnowed from deep nonsense.”
The above analysis highlights that the relationship between science and faith is not rigid but dependent upon the
context and more importantly on the attitude of the actors involved.
In the context of COVID-19, how can a harmonious relationship be achieved between the two?
• Faith is essential but need not be blind: The supporting role Efforts at creating harmonious relationship in
played by faith in an individual’s life has been highlighted the context of COVID-19
above. But at the same time, the application of faith need • Several religious institutions like Temples,
not be rigid or blind in nature. Mosques etc. have been made in makeshift
o The application of faith has to be accompanied by an hospitals due to shortage of beds.
acknowledgement of the external situation and operate • Majority of the religious leaders have
within the bounds of safety & sensibility. encouraged followers to take vaccines and
• Science may not have all the answers, but it gives us a helped remove vaccine hesitancy.
chance to fight: The uncertainties associated with the • Religion based civil society networks have
Coronavirus has forced the medical fraternity to regularly played a crucial role is connecting people
with essentialities such as oxygen supplies
change course until a definite solution is found. These
and plasma donors. E.g., KhalsaAid in Delhi.
regular revisions and course corrections have been eroding
people’s trust in the medicinal system.
o Despite these issues, we have come very far, from isolating the structure of the virus to creation of
vaccines. This shows that scientific processes should not be abandoned in the face of uncertainty and
difficulty.
• Intelligently selecting the best of both worlds: An intelligent framework can be adopted where the individual
has the ability to avail the emotional support provided by faith without being compelled to abandon the
scientific dictum.
o For example, the Great Mathematician Srinivasa Ramanujan was a deeply religious person. His religion
and scientific pursuit never interfered with each other. In fact, he created a harmonious relationship
between the two by believing that the mathematical knowledge was not his but was revealed to him by his
native Goddess.
Conclusion
At the end of the day, both Faith and Science have been designed to enhance the welfare of the individual and the
society. In this context, it is important that focus of both faith-driven organizations and scientific community
should be directed to welfare of the people. This common goal could and should serve as a motivation to make
interactions between science and faith harmonious in nature.
Justice Brande of the US Supreme Legal safeguards to protect the Rights of the accused
Court emphasized “the Government Constitutional Indian Penal Code (IPC) and International
is the most potent and omnipresent Criminal Procedure Code Protection
teacher that teaches the whole (CrPC)
people by its example. If the • Article 20 which • Section 330 and 331 of India has an
Government becomes a law breaker, includes no IPC: When a police obligation to fulfil
it breeds contempt for the law; it punishment on ex- officer voluntarily or duly comply
invites every man to become a law post-facto law, no causes ‘hurt’ or with certain
unto himself.” Such a situation double jeopardy ‘grievous hurt’ to extort International
and no self- confession. regulations, such
cannot be allowed to arise in a
incrimination. • Section 142 of IPC: as-
civilized society.
• Article 21 is a Punishment for • International
What can be done to root out the broad right which wrongful confinement. Covenant on
issue of custodial crimes? encompasses • Section 176(1) and 176 Civil and
Right against (1A) of CrPC: An Political
• Addressing the culture of inhuman enquiry has to be held Rights, 1966
torture: There have been efforts treatment, solitary by the Judicial (ICCPR)
to counter the culture of torture confinement etc. Magistrate or the • Universal
by bringing about an Anti-torture • Article 22 provides Metropolitan Declaration
law or adhering to the for prevention Magistrate when a of Human
international covenants. But from arbitrary person dies, disappears Rights, 1948
these laws will have to be detention. or rape is committed on (UDHR).
any woman.
accompanied by internal reforms
within the administration and moving away from violence as an acceptable norm.
• Creating deterrence: Strengthening the already prevalent safeguards such as Section 176 of CrPC (which
deals with serious crimes like rape, death within the custody) and giving more powers to watchdog agencies
like National Human Rights Commission (NHRC).
• Regular training and sensitization of ground-level officers: They serve as the first point of contact and thus
becomes important that they exhibit requisite emotional intelligence to balance pursuance of justice and
respect of the human rights of the accused.
• Creating awareness regarding human rights: Awareness of ‘rights of the accused’ among citizens can
drastically reduce the incidence of custodial crimes as it creates a channel of accountability towards the
police administration.
The core reason behind such a system is the idea that perpetrators need to be punished for achieving justice.
This mindset drives and justifies the violence against the accused. To root out this problem completely, it
becomes important that we as a society move towards reformative justice i.e., the perpetrators need
reformation and not punishment for ensuring justice in the society. As Martin Luther King, Jr. once said-
“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that.”-
“Every year the problems are getting worse. We are at the limits. If I may use a strong word, I would say that we
are at the limits of suicide.”
- Pope Francis
“Failure to provide the critical finance and that of loss and damage is measured in lives and livelihoods in our
communities. This is immoral and it is unjust.”
- Barbadian Prime Minister Mia Mottley
“I urge you to instruct your negotiators to choose the path of compromise and consensus. Bold climate action is
in the national interest of every single country represented at this conference. The time for brinksmanship is over.”
- UN Secretary General Ban ki-moon
“For Honduras, climate change is a matter of life and death. The figures don’t add up … we are not all equally
responsible.
- Honduras President Juan Hernandez
“The aim of the summit was “a binding U.N. framework” and a binding review mechanism to close the gap between
the impact on global warming of promised measures and the work required to limit rising temperatures.”
- German Chancellor Angela Merkel
“Climate justice demands that the little carbon space we still have, developing countries should have enough room
to grow.”
- Prime Minister Narendra Modi
Climate change is always perceived as an environmental or physical problem, but the solution of this problem lies in
unknotting an array of ethical issues.
How is Climate Change an ethical issue?
Multiple stakeholders with varied interests have shared a global common for a long time. This has made climate change
an issue of ethics and justice on several fronts-
• Who should take the responsibility?: It is a problem that is being caused by some people and nations in one part of
the world who are putting other people and nations at great risk in another part of the world who have often done
little to cause the problem. For instance, the North- South debate on the responsibility of climate change.
• Who will protect the worst affected?: The possible harms to those at most risk are not mere inconveniences but
potential catastrophic harms to life, health, and natural resources on which life depends.
• Should efforts be based on ability?: Climate change is a problem about which many of those people most at risk can
do little to protect themselves. Therefore, the best hope for them is if developed nations do the heavy lifting.
• Pursuing National interest or climate justice?: A global solution to climate change requires all nations and peoples to
limit their greenhouse gas (GHG) emissions to their fair share of safe global emissions. But this fair share may not be
in their national interests like economic development.