Conversation

Srijit Kumar Bhadra

Liberty and Freedom
My Personal Thoughts

Freedom and liberty mostly are most synonymous. As stated here,

“Liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Freedom is discussed in the context of free will and self-determination, balanced by moral responsibility.”

In Liberty Versus Freedom: A Differential Approach, the distinction between freedom and liberty has been discussed, from an Indian context, in significant detail. Here are a few salient excerpts.

“In the Constitution of India, Right to Freedom has been guaranteed under Article 19 and Right to Life and Liberty has been guaranteed under Article 21. These Fundamental Rights along with the others are also known as Negative Rights. Negative because these rights cast a negative duty upon the state not to infringe or violate these rights. Neither freedom nor liberty has been defined under Article 19 and Article 21.”

“Indian Constitution does not differentiate between freedom and liberty on a jurisprudential basis. These rights usually go hand in hand. The courts do not hesitate to read article 21 with article 19. Thus in the Indian context, the difference between freedom and liberty is quite slim. Even otherwise, liberty and freedom are often referred to as two sides of the same coin and sometimes used interchangeably as well.”

#Liberty #Freedom #MastIndia #Mastodonindians #India

cc: @srijit

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