The harm principle

John Stuart Mill, in his essay *On Liberty*, gave a famous answer to the question of when freedom may be limited, called the harm principle:

• '...the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.'

Mill distinguished two kinds of action:

• Self-regarding actions have consequences only for the person acting. Here the state or any outside authority has no business to interfere: 'That's my business; how does it concern you if it does not affect you?'
• Other-regarding actions have consequences for others and may harm them. Here there is some case for interference: if your actions harm me, an outside authority (the state) may restrain you.

But freedom is so crucial to a dignified life that it should be limited only in special circumstances:

• The harm must be serious. For minor harm, Mill recommends only social disapproval, not the force of law. Law should step in only when other-regarding actions cause serious harm to definite individuals; otherwise society should bear the inconvenience to protect freedom.
• People should tolerate different ways of life and points of view, as long as they do not harm others. But tolerance need not extend to views and actions that put people in danger or spread hatred against them; hate campaigns cause serious harm.
• Even then, restrictions must not be so severe that they destroy freedom itself: a hate campaigner might face limits on holding public meetings, especially after warnings, not life imprisonment.
• In India's Constitution, justified limits are called 'reasonable restrictions': capable of being defended by reason, not excessive, in proportion to the action restricted. We must not develop a habit of imposing restrictions, which harms freedom.
• Example (new): a person who chooses an unusual hairstyle harms no one, so no one should stop them; a person who parks across a hospital gate causes serious harm, so the law may act.

Liberalism. In everyday speech, 'liberal' parents are tolerant ones. As a political ideology, liberalism values tolerance, but its distinctive feature is its focus on the individual: family, society or community have value only if individuals value them; for example, the decision to marry should be the individual's, not the family's or caste's. Liberals give priority to individual liberty over values like equality and are suspicious of political authority. Historically liberals favoured the free market and a minimal state; today's liberalism accepts a welfare state and measures to reduce social and economic inequality.