Tolerance is often hailed as a virtue essential for peaceful coexistence, yet I find its relationship with justice and the use of power is complex and sometimes paradoxical. Exploring this interplay reveals two distinct but interconnected forms of tolerance that shape how societies manage conflict, uphold rights, and deliver justice.
What Is Tolerance?
Tolerance involves more than mere acceptance; it requires:
- Recognizing disagreement or disapproval toward certain beliefs or actions.
- Possessing the power or capacity to intervene or suppress but choosing restraint.
- Basing that restraint on principles such as respect for autonomy, freedom of conscience, or peaceful coexistence.
- Acknowledging limits—tolerance does not extend to enduring direct harm or threats to the tolerant framework itself (reflecting Karl Popper’s “Paradox of Tolerance”).
The Paradox of Tolerance and Justice
At first glance, tolerance and the use of power to deliver justice seem contradictory. Justice demands power to enforce laws and hold wrongdoers accountable, yet tolerance calls for restraint and respect for rights. This tension is not merely theoretical but practical and ongoing.
Two Faces of Tolerance in Justice
- Tolerance as Restraint from Using Power (Preventative Tolerance):
This form of tolerance is about asking, “Is it absolutely necessary to use power now?” It involves high thresholds before any intervention, emphasizing liberty and non-coercion. Examples include allowing freedom of expression, preferring dialogue over immediate force, and focusing on social programs to prevent crime. In short, it deals with whether and when to use the power. - Tolerance as Restraint from Abusing Power (Procedural/Ethical Tolerance):
Once power is exercised, this tolerance governs how it is used. It demands adherence to due process, protection of human rights, impartiality, and proportionality in punishment. This ensures that justice is fair and power is not tyrannical.
So clearly tolerance has got limits. First limit necessitates the use of power while the second limit prevents the abuse of power. Now coming up with these limits in different situations or ciscumstances is absolutely impossible. Secondly, I think the first tolerance “influences” the limits of the second tolerance.
I would like to draw a parallel. Defects get uncovered at any point in the product manufacturing or software development process, right from the first step where its components or functions are made to the last step when the finished product or software is made. The cost of defect increases if we uncover the defect later in the process. Similarly, justice delivery is a process. If we show a great degree of 1st tolerance, 2nd tolerance becomes costlier or it might necessitate a far greater degree of using the power. And vice-a-versa. If we punish (use of power) a child right from pre-school, perhaps it will create a good citizen. If we do not punish the child till he goes to college, perhaps he will become spoilt and nuisance to society, in which case, we might need to use “extra” power to prevent him from causing a great damage to society. The case here is hypothetical but is enough to articulate my argument.
Real-World Reflections:
- Debates on sedition laws, online speech regulation, and preventive detention engage with the first tolerance—how much state restraint is appropriate before intervening.
- Issues of police conduct, prison conditions, and judicial delays highlight challenges in the second tolerance—ensuring power is exercised fairly and humanely.
- Public frustration with legal delays often reflects the tension between demands for swift justice and the procedural safeguards that protect fairness.
We as a country have to keep justice above everything, above all external and internal pressures. Fearlessly. We can’t afford showcasing our non-violence, offer another cheek kind of virtues and stretch them till we break ourselves. Virtues are not to be used to display our grand positioning, instead they need to be used to guide our justice system! Administering justice is non-negotiable!
Reinvent The Self! 