Lex Bona Fide – Law Journal

Liberalism – A Notion By Keerti Tawar

“Heaven helps those who help themselves”                                                -Algernon Sidney. A liberal believes in blood, sweat, and tears. Those with the ability and willingness to work will prosper, while the incompetent or indolent person will not. One can change their condition or state of living with their own will or whimsy. It enables us to develop, to gain knowledge. Not only this, the Author could say that as we grow, society grows! Recently, we have seen that the government of our country after 150 years decriminalized section 377and protected the LGBTQ community from all kinds of violence and inequality. It is this liberalist notion or broad-mindedness that believes in individual privacy and freedom. The Government has exercised the concept of freedom – Positive Liberty. Does It serve the aim of why such an entity was formed in the first place? That is to protect the rights of the citizen, which of course includes the LGBTQ community and for this reason, every person consented to such institution. With this very act the legislation proved that an ounce of prevention is worth a pound of cure, it could worsen if there were many riots. They have protected the natural rights of many individuals, as classical liberalist also states the same that every individual possesses certain natural rights which are prior to the emergence of political authority. It’s time and again proven that the state is a manmade institution that protects us from any injustices. More precisely, in this case of Joseph Shine vs Union of India (2018) wherein Adultery was decriminalized, hence it protected the natural equality among men, proved that there is rule of law. As we know, it was clear in the provision (of section 497) that, it does not confer any right on the wife to prosecute her husband for adultery. Locke rightly stated that the state, as a night watchman and also by Thomas Paino “necessary evil” the one who protects our right or property. People who oppose“Liberalism” would most probably interpret any change in law or in society as dangerous reformism or license. In my opinion, those people come into the category of Absolutism, that is to be an absolute dictator. They form their autocracy based on what they believe in, not caring much about other’s natural rights, trying to be dominative on minorities or any other weaker section of the society. This recent big change, shows that we are adapting within liberalism in the contemporary world, as rightly the natural rights of the people should be enshrined or codified in the constitutional document. The author must mention, it is true that democracy is not always liberal in making policies for instance in passing the Muslim Women (Protection of Rights on Divorce) Act, 1986. At that time there was a democracy! Many a time it is criticized that if a person is a liberalist, then it quite hard for him or her to have or form any collective idea, as it is believed by many that this will lead to individualism, but I feel this is not the case, Liberalism is more about self-reliance and self-realization. A liberalist thought gives individual freedom to live as one desires to live or believe what one wanted to believe in. Further, liberty was not about leaving people alone, but there is more as it actually identified with a fuller life of genuine citizenship. If there is a problem in any country it is the problem of not any single individual but actually, it is social problem. The Reason being as the development of individuals is seen to be tied up to the good of the whole community. As community good cannot be separated from individual good. The author believes, so does individual well cannot be separated from community good. The Reason being, he always finds his own good in the common good. As communal life provides the setting and enabling condition whereby humans can develop. If we make the best of ourselves then only, we will able to make best for the society and I think this is how we live and learn, is justifiable if we see through the lens of freedom. If one really wants a developed state, then it becomes of utmost importance to leave the individual to his own account, let the individual live with his own principle or belief as long as it is not harming others. State’sunnecessary interferences only add insult to injury and will not lead to the harmonious development of the state or individual. As rightly said, “First do justice to yourself, then only you can do justice to others”. It is true that it will be hard to satisfy every single individual, but what kind of public goodwill be? If the citizen is not content with whatever, the state is providing him/her in the name of the national or common good, that only makes matters worse, for this one must recall that all goods are purely not private in nature. As we know, the Human is a social animal. They cannot live without their fellow beings. So eventually, an individual by nature will think of others. Whether want to or not, it is by nature incorporated in human beings. But when people become disconnected, desensitize, or indifferent, when they stop listening, when they stop learning, when they stop caring about what’s happening around them. They eventually become numb. Deep thought smatter when you’re contemplating what to do about things that matter. The author believes that we should not think that we’ll cross the bridge when we come to it rather from scratch, we should be open to new things or rather I say, for a new experience for a better society or a progressive one. At the same time, we should be of a welcoming nature for our fellow citizens’ thoughts or ideas, so that in this way we will have a deeper understanding of the world. Try to experience their experience, as the author thinks everyone has their own story to tell or to share. The author feels that every opinion or idea matters whether it is of liberalist or conservatism, as to have a balance between these two and that will be the best of both worlds. Not only this, we should be considerate towards them as if a particular group is thinking in some way. As the author believes that they have their own reason and it is the reason they are acting in that way. As we can learn from the universe in Hindu mythology, we have Vishnu(the preserver) and Shiva(the destroyer) both are equally important for the universe to work.