“Every law is an infraction of liberty.” ~ Jeremy Bentham
Jeremy Bentham’s quote succinctly captures the tension between laws and individual freedom. Laws are essential for maintaining order and protecting society, but they can also limit personal liberty. It’s a delicate balance that societies grapple with throughout history.
- Civil Disobedience and Freedom:
- Mahatma Gandhi, a prominent leader in India’s struggle for independence, practised civil disobedience as a way to challenge unjust laws. He believed that individuals had a moral duty to resist laws that violated basic human rights.
- Gandhi’s Salt March in 1930 is a powerful example. British colonial laws imposed a monopoly on salt production, making it illegal for Indians to collect or sell salt. Gandhi led a peaceful march to the sea, where he symbolically collected salt, defying the law and asserting the right to freedom.
- Prohibition Era in the United States:
- During the Prohibition era (1920–1933), the 18th Amendment banned the production, sale, and transportation of alcoholic beverages. While intended to curb social problems, it led to unintended consequences.
- Speakeasies (illegal bars) flourished, organized crime increased, and citizens faced restricted personal liberty. Many argued that the law infringed upon their right to make personal choices about alcohol consumption.
- The Nuremberg Laws (1935):
- The Nuremberg Laws were a series of anti-Semitic laws enacted by Nazi Germany. They restricted the rights of Jewish citizens, including their ability to marry non-Jews, own property, and participate in public life.
- These laws exemplify how legal frameworks can systematically infringe upon individual liberties based on ethnicity or religion.
- Japanese Internment during World War II:
- After the attack on Pearl Harbor in 1941, the United States forcibly relocated over 120,000 Japanese Americans (two-thirds of whom were native-born citizens) to internment camps.
- While justified as a wartime security measure, it violated the civil rights and freedoms of innocent individuals based on their ancestry.
- The Patriot Act (2001):
- In response to the 9/11 attacks, the U.S. Congress passed the USA PATRIOT Act, granting extensive surveillance powers to law enforcement agencies.
- Critics argue that it eroded privacy rights and civil liberties, leading to debates about the balance between security and individual freedom.
- Section 377 in India (repealed in 2018):
- Section 377 of the Indian Penal Code criminalized consensual homosexual acts. It was a colonial-era law that persisted for decades.
- The Supreme Court of India eventually struck down this law, recognizing the right to privacy and individual autonomy.