Constitutional rights and national security : some issues in India

Abstract

[Conclusion]: In conclusion I would like to note that, in the case of India, the expansion of the legal and policing machinery in the name of national security coupled with a policy to impute all problems as caused by cross border terrorism has given anti-democratic forces a very strong handle to selectively apply its special powers to curtail civil rights. In the case of Gujarat, the central government took an inordinately long time to wake up to the problem and did nothing to curb the state sponsored terrorism against the Muslim population and still continues its provocative policy of encouraging decisions within the state. The use of extraordinary powers, which give virtual immunity from prosecution, robs the citizens of their rights. This also diminishes the role of civil police and erodes the democratic functioning of the state. India prides itself on being a democratic society with an effective press, impartial judiciary and an active civil rights movement yet all these are put in jeopardy if the rights of people are eroded. Political problems need to be addressed politically and not blamed solely on outside intervention. Today it would seem that struggle in many societies is not to enact legislation to guarantee rights but to act to prevent legislation that would curtail civil liberties in the name of the guaranteed life and liberty. Show more