A 150-year-old law in the Indian statute has been declared as unconstitutional by the Supreme Court of India. In the Navtej Singh Johar V/S Union of India (2018) Judgment, the Supreme Court had declared Section 377 of IPC as ultra vires to the constitution and restored the freedom of the LGBTQ community.
While passing the judgment, the Supreme Court opined that there must be the rule of law and not rule by law, by which they meant that individuals must be governed by a law which facilitates equality, liberty, fraternity, dignity and must not be subjected to discrimination and harassment under the name of law. This judgment reiterates the principle that the law must not restrict freedom but instead promote it.
In this essay, we will define the purpose of law and the meaning of freedom. We will then see the detrimental effects of restricting freedom by law. After that, we will see examples across time and space in which freedom was promoted by law and had a positive impact on society. We will then conclude by seeing what measures can be taken to make the law-making process more freedom-enabling.
LAW AND FREEDOM: DEFINITION
A law is a set of rules formed collectively by a group of individuals to govern their behavior. There are different types of laws such as constitution, parliamentary legislations, executive regulation, judicial pronouncements, customary laws, etc. The purpose of all such laws is to regulate society, maintain order, penalize inappropriate behavior, and most importantly create opportunities for every individual to explore one’s true potential.
On the other hand, freedom is having the ability to act or change without constraint. Freedom is naturally yearned by human beings and is manifested in political, social, cultural, religious, and economic arenas. Restriction of freedom by law may seem justified for the larger good, but it will only harm society. It will create resentment in the people and will ultimately lead to chaos, defying the purpose of maintaining stability.
DETRIMENTAL EFFECTS OF RESTRICTING FREEDOM
Ancient Indian society was based on the rule of the caste system. The intent was to organize society on the basis of occupation. But the rigidity and immobility it created led to stifling of the freedom of lower castes. They could not choose their profession, pursue their dreams, and were restricted in every sphere of life. This led to disharmony in society and made it vulnerable to outside attacks. Thus, restricting freedom led to the weakening of the society.
In Medieval India too, women were restricted based on customary law. They were subject to societal norms and the deviants such as widows, educated women, independent women were shunned as outcasts. They were subject to cruel practices of sati, female infanticide, child marriage, dowry deaths, etc. This led to the overall disintegration of the family system and thereby poor health and education outcomes of society. Therefore, such discriminatory customary laws restrained social freedom and harmed society.
In the political sphere, the British rule in India was known for passing draconian laws. The Rowlett Act, Official Secrets Act, the Vernacular Press Act were examples which completely took away freedom of expression from the people. These measures created a sense of hate and disgust for the government. The people revolted against the government as their aspirations could not be met. Thus, abolishing political freedom will lead to the rebellion of the masses.
Having seen the negative impact of restricting freedom, we will now see how promoting freedom has led to the benefit of society and individuals.
BENEFITS OF PROMOTING FREEDOM THROUGH LAW
The Right to Information Act (2005) has been one of the revolutionary legislations. For the first time, the government was made legally accountable to protect the right to freedom of information of people. This led to the empowerment of people and it gave a platform to showcase their social and political responsibility. Thus, enlarging freedom can improve the governance system.
In the economic sphere, the country was witnessing very slow growth due to restrictions such as licenses, quotas, permissions, etc. The economic reforms of 1991 led to an increase in economic growth and brought innovation, technology, investment into the country. It also led to a reduction in poverty and improvement in the standard of living. Thus, promoting economic freedom through LPG reforms led to better standards of living.
Similarly, the recent Supreme Court judgments on Sabarimala temple entry, Triple Talaq, and Section 377 have promoted the cultural and religious freedom of the vulnerable sections of society. It will result in the empowerment of women and the LGBTQ community and will allow them to positively contribute to society.
In the same manner, the burning issues of applying sedition law on journalists, restricting freedom of innovation through privacy laws, restricting freedom of movement through refugee laws, etc., must be dealt with by understanding the negative consequences of restraining freedom and the harm it causes to society.
Having looked at the relation between law and freedom, we will now see some measures that can be taken to promote freedom through law.

There is a need to understand the importance of freedom first. Even while framing the laws, there must be a stakeholder approach. The concerns of all sections of society must be taken into consideration. There must be an audit of every legislation and if they cause obstruction to freedom of any kind, they need to be amended.
There must be a constant effort from the government and judiciary to enhance freedom by careful preparation and interpretation of law. The principles of natural law must be imbibed in framing laws as they are fundamental in any law-making process. In the name of efficiency, the government must not curtail the fundamental rights of people.
Further, inspiration can be taken from our constitution makers who have given us one of the most comprehensive set of fundamental rights. Though some restrictions were placed, they were intended to be followed only as exceptions and not norms.
Thus, the purpose of law must be to enhance freedom. Restricting freedom will only cause frustration and resentment, while promoting freedom can improve the lives of people in every aspect. Thus, the goal of the individual, society, and state must be to cherish and promote the ideals of liberty, equality, fraternity, and dignity, which are constituents of freedom.