What is Liberty?

Introduction.
The term 'liberty' is derived from the Latin word 'liber' which means free or unrestrained. liberty is a fundamental concept that refers to the
individual's right to act, think and speak without external restraint. It is a concept that has been enshrined in many constitutions and legal
frameworks around the world, and is considered one of the core values of many democracies. In order to protect individual liberties, laws are
put in place that limit the power of the state and ensure that individuals are free to live their lives as they see fit, without undue interference.

Definitions.
It has been defined as:
● Universal Charter of Human Rights, Liberty can be defined as, "Freedom of such an activity which does not irritate other's
interests."
● Professor Seelay, "Liberty means non-interference of government."
● Encarta, "Liberty is the freedom to think or act without being constrained by necessity or force OR freedom from captivity or
slavery."
Liberty is prohibitions of government on those human actions that endanger others' rights or it means provision of opportunities by the
government to enable people to utilize their freedom.

Classification/ kinds of Liberty

● Natural Liberty.
● Civil Liberty.
● Individual Liberty.
● Constitutional Liberty.
● National Liberty.
● Political Liberty.
● Economic Liberty.

1.Natural Liberty.
Concept of natural liberty may be found in the social contract theory. In the state of nature, the main principle of social existence was "Might is
right." This liberty was not artificial but a natural fact. At present, the concept of natural liberty is almost impracticable and uncertain. Today,
liberty is subject to state's regulations.

2. Civil Liberty.
It, unlike natural liberty, is given and guaranteed by the state in the form of fundamental human rights. This kind of liberty is given and
protected by the state. According to Prof. Laski, civil liberty is the freedom of people in all those aspects that are of personal nature i.e. right of
life and religion or creed etc. Civil liberty is protected by a regular legal or judicial system in astate. Simple speaking, it is the liberty in personal
affairs given and protected by the state.

3. Individual Liberty.
It is the type of liberty, which is given to all citizens alike. Citizens are independent in their personal or private affairs: and are free in various
aspects of life to act independently but the only restriction is not to endanger others' liberties and rights. Criminal and civil laws exist for
maintaining such liberty.

4. Constitutional Liberty.
The liberty that is guaranteed by defining he powers of government is constitutional liberty. Constitutions define and confine powers of
government over the governed people. if state interferes unconstitutionally in the affairs of the people, it can be adjudicated. Such liberties are
assured in the form of the fundamental rights expressed in the constitutions. Judiciary is empowered to protect the fundamental rights of the
citizens.

5. National Liberty.
The liberty that shows the freedom of a nation as a whole. In the two post-World Wars peace settlement, this principle was universally
recognized that every nation should have its own state. The UN Charter also recognizes this right. Exercising this right, a large number of
European and Afro-Asian states became independent. In other words, it means sovereignty of the national states in their internal as well as in
their external affairs.

6. Political Liberty.
The liberty of the people to decide how they are to be governed is political liberty. Such a liberty is also known as democratic or representative
liberty. The individuals have various political rights like the right to vote, the right to contest elections and the right to criticize the government.
In political liberty, an individual can express his opinion and can share the government as well as the power of the people to make their
government responsible to them. The opportunities provided to people to govern themselves is political liberty.

7. Economic Liberty.
Individuals have freedom to adopt any profession, to get service, to have business, to frame trade unions, determination of timings and payment
system etc. If the citizens avail practical opportunity to act upon the described economic rights, it is economic liberty.

Advantages of Liberty.
There are several advantages to liberty, including:
1. Individual autonomy.
Liberty allows individuals to make choices and to act in accordance with their own beliefs and values. This promotes individual autonomy and
self-determination.
2. Creativity and innovation.
Liberty encourages creativity and innovation by allowing individuals to pursue their own interests and to develop new ideas and technologies.
3. Economic prosperity.
Liberty promotes economic prosperity by allowing individuals to engage in economic activity and to pursue their own economic interests. This
leads to increased productivity, job creation, and economic growth.
4. Social progress.
Liberty promotes social progress by allowing individuals to challenge traditional norms and to advocate for social change. This has led to
important social movements, such as the civil rights movement and the women's rights movement.
5. Personal fulfillment.
Liberty allows individuals to pursue their own goals and to live fulfilling lives. This promotes personal happiness and well-being.

Aspects of liberty
Liberty as such manifests itself in one or more of its three aspects;
● Liberty of thought.
● Liberty of speech
● and Liberty of action.
Every individual or group of individuals seeks liberty either to think, say or do something .There is no liberty if he or she is prevented from
thinking or saying or doing something, as he or she likes, by the force of the State or law, or by the opinion of the majority, social customs or
religious conventions, etc. of the three aspects, liberty of speech, including, liberty of reading, writing and discussion, is the most essential
factor because the liberty of the thought and action would automatically-follow from it. When the people are free to say anything they like, they
criticize each other's opinions. From discussion and criticism arises truth, as it is sifted out by conflicting opinions and views. Thus liberty of
speech becomes a free enquiry into truth. Finally, when the people know the truth, they act upon it. In this way a free people move from one
freedom to another.

Safeguards of liberty
Major safeguards of liberty are:
● Law
● Fundamental human rights.
● Independent judiciary.
● Democracy.
● Local government institution.
● Individuals efforts.

1.Law.
Law is the most important and reliable protection of human liberty. Laws clarify and protect the rights of the citizens in a systematic way. Laws
restrict all those activities of individuals that irritate other's rights and obligations. Constitutions of states define and control the government
powers and interference in the overall aspects of human life. Law is to ensure equality of citizens and produces such an environment in which
citizens are enabled to enjoy liberty. According to Montesquieu, "It is principally by the nature of punishments enforced by laws that liberty is
established or destroyed." A wide spread judicial system is established to safe guard human rights and liberties.

2. Fundamental Human Rights.

For protecting basic rights of the citizens, constitutions provide lists of fundamental human rights. These rights are inviolable and cannot be
denied by the government. Such rights assure liberty of the people and control government irrelevant interference in human lives.

3. Independent Judiciary.
Where there is a judiciary, it must be independent. Beside it s other responsibilities, the judiciary is to protect liberty of the people. Judiciary
punishes offenders and poisonous citizens. It protects liberty of an individual if violated by another citizen, a group or institution. It also
controls the UN-required government interference in the affairs of the people. Nearly in all the civilized states of the world, judiciaries are to
safeguard the human rights given in their respective constitutions. Therefore it is necessary that all the three organs of the government should be
separated from each other.

4. Democracy.
In democratic form of government, people's liberty is respected as compared to other In this system the government's authority is controlled by
the people through their representatives and the government respects the wishes and rights of the citizens. The only danger to individual liberty
is anarchy (the converse form of democracy). According to J.S. Mill, "People's rights can be protected in the best way only if people themselves
strive."

5. Local Government Institutions.

These are the elected institutions at the very grass-root level Local government institutions are to manage people's problems at local level using
government's authority at local level. These institutions, through people representatives, conduct government activities according to the local
environment and needs of the people. It produces political training and knowledge in people and is the founding stone of democracy. These
institutions assist the government to protect the rights and liberties of the people. Local government institutions broaden government protections
of human rights and liberties in the whole country alike.Rule of Law: Rule of law is the most important principle through which individual's
equality is emphasized. It ensures the protection of liberty of individuals alike. It is that no individual can be punished unless his crime is
proved in the court. All citizens of states are subject to a single law and courts. No one can be compelled to do a thing if not compelled by law
or not to do a thing not prohibited by law.

6. Economic Equality.
Karl Marx says it is the class life that produces inequalities. Class life highly disturbs human liberty: Liberty without equality is a dead body.
Liberty can be protected only when there is economic equality in the state. Rights are ever breached by the rubbed and down trodden class just
to take revenge or just to snatch rights. When there is no class life, there will be no danger to human liberty.

7. Individual Efforts.
Government alone cannot safeguard people's liberty. People should strive to protect and maintain their liberty. They should remain alert to resist
any government activity that endangers their liberty. Learned Hand says thus, "Liberty lies in the hearts of man and woman, when it dies there,
no constitution, no law and no court can save it." Therefore liberty is dependent on individuals' personal efforts.

Equality
Introduction.
Equality refers to the idea that all individuals should be treated fairly and with respect, regardless of their race, gender, religion, sexual
orientation, or other personal characteristics. This means that everyone should have the same opportunities and rights, and should be subject to
the same laws and rules.
Definitions.
● -D.D Raphall "The Right to Equality proper is a right of equal satisfaction of basic human needs, including the need to develop and
use capacities which are specifically human."
● Laski "Equality means that no man shall be so placed in society that he can over-reach his neighbour to the extent which constitutes
a denial of latter's citizenship."
● Barker"Equality means equal rights for all the people and the abolition of all special rights and privileges".
Thus, negative equality implies abolition of all special privileges and facilities which may be available to some classes or some persons in
society. It also stands for the abolition of all man-made inequalities and discriminations. Positively Equality stands for equal rights, equitable
distribution c resources, equal opportunities for development and relative equality with due recognition of merit, abilities and capacities of
various persons.

Features of equality.
1. Equality does not stand for absolute equality. It accepts the presence of some natural inequalities.
2. Equality stands for absence of all unnatural man- made inequalities and specially privileged classes in the society.
3. Equality postulates the grant and guarantee of equal rights and freedoms to all the people.
4. Equality implies the system of equal and adequate opportunities for all the people in society.
5. Equality means equal satisfaction of basic needs of all the persons before the special needs', and luxuries of some persons may be met.
6. Equality advocates an equitable and fair distribution of wealth and resources i.e. Minimum possible gap between the rich and poor.
7. Equality accepts the principle of protective discrimination for helping the weaker sections of society. In the Indian political system, right to
equality has been given to all and yet there stands incorporated provisions for granting special protection facilities and reservations to persons
belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities, women, and children.
Thus Equality stands for 3 Basic Features:
(a) Absence of special privileges in society.
(b) Presence of adequate and equal opportunities for development for all.
(c) Equal satisfaction of basic needs of all.

Kinds of Equality.
● Natural equality.
● Social equality.
● Civil equality.
● Political equality.
● Economic equality.
● Legal equality.

1. Natural Equality.
Despite the fact that men differ in respect of their physical features, psychological traits, mental abilities and capacities, all humans are to be
treated as equal humans. All are to be considered worthy of enjoying all human rights and freedoms.

2. Social Equality.
It stands for equal rights and opportunities for development for all classes of people without any discrimination.
it stands for:
● Absence of special privileges for any class or caste or religions group or an ethnic group.
● Prohibition of discrimination against any one on the basis of caste, colour, creed, religion, sex and place of birth.
● Free access to public places for all the people, i.e. no social segregation.
● Equality of opportunity for all people. It however accepts the concept of protective discrimination in favor of all weaker sections of
society.
A modern central theme of social equality is to end gender inequality, to ensure equal status and opportunities to the women and to ensure equal
rights of male and female children to live and develop.

3. Civil Equality.
It stands for the grant of equal rights and freedoms to all the people and social groups. All the people are to be treated equal before Law.

4. Political Equality.
It stands for equal opportunities for participation of all in the political process. This involves the concept of grant of equal political rights for all
the citizens with some uniform qualifications for everyone.

5. Economic Equality.
Economic equality does not mean equal treatment or equal reward or equal wages for all. It stands for fair and adequate opportunities to all for
work and for earning of their livelihoods. It also means that primary needs of all should be met before the special needs of few are satisfied. The
gap between rich and poor should be minimum. There should be equitable distribution of wealth and resources in the society.

6. Legal Equality.
Finally, Legal Equality stands for equality before law, equal subjection of all to the same legal code and equal opportunity for all to secure legal
protection of their rights and freedom. There should be rule of law and laws must be equally binding foe all. In every society equality must be
ensured in all these forms.