The Mortal Conflict Of Individual Liberty And The Community

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JanPratinidhi
JanPratinidhi

The Mortal Conflict Of Individual Liberty And The Community


EDITOR'S PICK / From the pen of Jitendra Varma   /   Sep 17, 2015

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The Courts of India have time and again justified short duration ban on non-veg food and beef. Citing majority sentiments, religiosity of the city, small loss of business for short duration etc. the courts don the cloak of Head of a joint family comprising of both non-veg and veg brothers. Sometime cajoling, sometimes warning, the decision is taken in favor of the ban. Nowhere the individual liberty and fundamental freedoms come in question.  The fact that the individual’s rights are subservient to any number of people in a community is so abundantly clear that one fails to understand if there is an empirical law involved in any such decision.

 

So if one community wants and the court accedes to a ban on non-veg eating for 9 days, will the same court not take the same decision if other communities or sects come up with the vegetarian demands. So finally at a certain stage the court will have to refuse the banning of non-veg because the logic of few days of ban will not work, introducing an entire spectrum of discretion as to when and where the banning may be stopped.

 

Food to eat, clothes to wear, people to have sex beyond closed doors, somehow or the other instead of looking into the welfare of the nation as an egalitarian society we have unwittingly and increasingly started looking into the ways and means of crushing the individual liberty.

 

The individual is the unit which holds the nation together – we, the people of India having solemnly resolved to … Individual is the purpose of this nation. Everything else is extra constitutional, be it historical, cultural, social mores or religious practice or political institution. The fact that these extra constitutional things have more importance, significance and primacy over individual rights and liberties is like putting the whole concept of the Indian Nation on its head, a political party, a religious sect, a social institution, a TV channel or a business house have power to trample the individual. This relegation of the individual at the end of the priority chain is dangerous practice which has led to our woes today. Unless we have one immutable and sacrosanct principle as under current to everything happening in this country, a kind of touchstone for testing every excess of other stakeholders against the individual rights, the uncertainty and conflicts of our present will destroy our future completely.

 

(image courtesy: http://goo.gl/s0Cig7)


The views expressed here are those of the authors and doesn’t reflect the official policy of Janpratinidhi. The views expressed here are those of the authors and doesn’t reflect the official policy of Janpratinidhi.
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