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31 August 2024 : Daily Answer Writing

Q1) “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” In the context of this statement, bring out the ethical issues involved with creating a surveillance state for the sake of national security.

(150 Words/10 Marks)

ANS

 

Surveillance state refers to a country whose government engages in pervasive surveillance of citizens and visitors. The widespread surveillance is justified as a necessity for national security but may also be used to stifle criticism of the government.

Creation of a surveillance state has following ethical issues:

  1. Restricts Liberty: Constitutional rights to freedoms and privacy under Articles 19 and article 21 are affected. Citizens are unable to express, receive, and discuss unconventional views or question the government due to fear of persecution by the ‘big brother’ state, such as in China.
  2. Authoritarianism: Surveillance state enables concentration of power in an unaccountable authority. The power imbalance between citizen and state creates obsequiousness to authority which leads to socio-political regression and disaster. E.g., Chernobyl nuclear disaster and the disintegration of USSR.
  3. Freedom of the press is stifled. Media plurality is reduced in favour of ‘manufactured consent’. It damages the fourth pillar of democracy which is key to transparency and participatory governance.
  4. Majoritarianism: Surveillance state enables persecution of minorities, for example, the genocide of Jews in Nazi Germany or forced disappearances of Pashtuns and Baloch in Pakistan.
  5. Erosion of trust: Surveillance state harms trust of not only citizens but also of friendly countries, endangering international relations. E.g., Edward Snowden’s expose of Mass surveillance programmes of USA’s National Security Agency.
  6. Constitutional morality: State surveillance hinders freedom of conscience, the system of institutional checks and balances and public morality in a constitutional republic. E.g., surveillance of judges can coerce them into acting as committed judiciary.

While there are many ethical issues in creating a surveillance state, however, surveillance by state is also justified in certain situations, such as:

  1. Terrorism: Surveillance activities are critical in effectively countering terrorist threats, including planning and execution of terror attacks. E.g., many attacks in J&K are averted by security forces due to a well-networked surveillance mechanism.
  2. Social Contract Theory: While liberty is a sine qua non for a thriving democracy, so is public safety. Citizens surrender few liberties to enable the protective role of the state. E.g., security check at airports.
  3. Technology: Supervision by state can have a positive impact in minimizing the destructive use of technology. E.g., controlling misinformation, and disinformation or monitoring the use of dark web which has become a hub for narcotics trade, child pornography, human trafficking etc.

In conclusion we can say, the surveillance state is unethical. The argument of national security requires that surveillance power be exercised but with caution. Hence, for legal and ethically accepted surveillance by state, ethical principles recommended by Justice AP Shah Committee such as principles of notice, consent, purpose limitation, accountability etc. must be incorporated

 

 

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