Political Theory Chapter 5 Rights

A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings. Rights are something that we consider to be due to us, something that the rest of society must recognise as being a legitimate claim that must be upheld.

(i)Rights are important for all of us for leading a life of respect and dignity In fact, one of the grounds on which rights have been claimed in that they represent conditions that we collectively see as a source of self-respect and dignity.

For instance, the right to livelihood may be considered necessary for leading a life of dignity. Being gainfully employed gives a person economic independence and this is central for his/her dignity. Having our basic needs met gives us liberty to pursue our talents and interests.

(ii)In a democracy generally people or citizens have the right to expression. Citizens can express themselves freely in different ways. The right to expression gives us opportunity to be creative and original, whether it be in writing, or dance, or music or any other creative activity.

(iii)Freedom of expression is essential and useful for democratic government also. As this freedom or right allows the free expression of beliefs and opinions, the government can know this successes or failures or desires or dislikings of the people.

(iv)Rights are necessary for entire world or for whole human beings also. Rights such as the right of livelihood, or freedom of expression, would be important for all human beings who live in society and therefore they are described as universal in nature.

(v)Another basis on which rights have been claimed in that they are necessary for our well-being. They help individuals to develop their talents and skills. A right like the right to education, for example, helps develop our capacity to reason, gives us useful skills and enables us to make informed choices in life.

Some rights are considered to be universal in nature  because they are equally important for all the human beings living in the society.

Indentification of three universal Rights :

(i)The right to livelihood

(ii)Right to freedom of expression

(iii)The right to education

Reasons :
(i)The right to livelihood is considered necessary for leading a life of respect and dignity by all human being across the world.

(ii)Right to expression is cherished by all human beings. Having our basic needs met gives us freedom to pursue our talents and interests. This right gives to all human beings the opportunity to be creative and original, in any field of his or her choice. Freedom of expression is also important for all democratic or liberal countries of the world.

(iii)The right to education is also universal in nature because it helps to develop capacity to reason, gives all people useful skills and enables them to make informed choices in life. It is in this sense that education can be designed as a universal right.

The new rights claims which are being put forward in our country today are discussed below:

(i)The Rights of Tribal Peoples : The tribal people had been living in forest since time immemorial. Their livelihood, culture habitat and even way of life depends on forest, land and water. They are demanding these rights for several years. They are propagating the idea that they are born with certain rights connected directly with their lives. They urge that no state or organisation on the name of development should take away what had been enjoyed by them since ages. They consider all these demands justified and as even use the term human rights for all tribal people across the country.

(ii)The Right of children against bonded labour : The children are the future of every nation including India. The right against exploitation demands their protection. They must be freed from bonded labour and child labour. Free and compulsary education will mean nothing to them if they are constantly used as bonded labour by the people with resources. They must be set free from the wrong practice of child labour. They must have equal opportunities to be free and realise their full potential.

The differentiation is made below:

(i) Political Rights : It is composed of diffrent rights such as:

(a) Right to Equality :Political rights give to the citizens the right to equality before law and the right to participate in the political process.

(b) Right to vote: Political rights also include such rights as the right to vote and elect representatives, the right to contest elections, the right of form political parties or join them.

Political rights are supplemented by several types of civil liberties, such as a free and fair trial, the right to express one’s views freely, the right to protest and express dissent. Political rights make the government accountable to the people, by giving greater importance to the concerns of the individual over that of the rulers and by ensuring that all persons have an opportunity to influence the decisions of the government.

(ii)Economic Rights: These rights entitiles to have basic needs of life such as right to food, shelter, clothing, health, etc. citizens can enjoy their political rights only when their basic needs are fulfilled. Political rights by themselves have little value without economic rights. 

(iii)Cultural Rights : Today, in addition to political and economic rights more and more democracies are recognising the cultural rights of the citizen. Cultural Rights consist of:

(a) The right to have primary education is one’s mother tongue.

(b) The right to establish institutions for teaching one’s language and

Most people love their own language and dialect, their way of living their own literature, music, dance, style of painting, way or style of construction building, their own religion and form of worship.

No doubt the degree of success of rights depends on a number of factors, most important of which is the support of governments and the law. In most cases the claimed rights are directed towards the state.

(i)That is, through right people make demands upon the state. When someone asserts his or her right to education, he/she calls upon the state to make provisions for their basic education. Society may also accept the significance of education and contribute to it on its own. Different groups may open schools and fund scholarships so that children of all classes can get the benefit of education. But the primary responsibility rests upon the state. It is the state that must initiate necessary steps to ensure that my right to education is fulfilled.

(ii)Rights of citizens place an obligation upon the state to act in certain types or ways. Each right indicates what the state must do as well as want it must not do. For example, my right to life obliges the state to make laws that protect me from being injured by others.

(iii)If a society feels that the right to life means a right to a good quality of life, it expects the state to pursue policies that provide for clean environment along with other conditions that may be essential for a good or healthy life. In short, I can say that might right here places certain obligations upon the state to act in a certain way.

(iv)Rights not only indicate what the state must do, they also suggest what the state must refrain from doing. My right to liberty as a person, for example, suggests that the state cannot simply arrest me at its own will. If it desires to put me behind bars it must defend action, it must give reasons for curtailing my liberty before a judicial court. This is the why the police are required to produce an arrest warrant before taking me away. Rights in this way put some constraints upon authority of state-actions.

(v)Rights ensure that the authority of the state is exercised without violating the sanctity of individual life and liberty. The state may be the sovereign authority; the laws it makes may be enforced with force, but the sovereign state exists not for its own sake but for the sake of the individual.

(vi)It is the people who matter more and it is their well-being that must be pursued by the government in power. The rulers are accountable for their actions and not forget that law exists to ensure the good of the people.

Duty is our performance towards others. If there is a right from society, there should be duty of the individual towards the society.

Rights and duties are two sides of the same coin. Duties are performed so that others are able to develop their personalities. Societal life is not lived in isolation. It demands interdependence and this interdependence thrives only on the basis of rights and duties. 

The Right to life is one of the important rights of a citizen in a modern state. This means right to live life without fear, without injury and without any external danger. Even the individual himself does not possess the right to take away his own life. 

Right to freedom means freedom of speech, thought, expression, of press, of assembly or association without arms. Right to freedom has certain restrictions. It is exercised within the the frame work of public order, morality, decency and unity of the country.

Right to social security ensures public of assistance in times of old age, injury, unemployment or disability.

The right to education helps to develop our capacity to reason, gives us useful skills and enables us to make informed choices in life. It is in this sense the education is designated as a universal right.

The rights are:

(i)The right to vote.

(ii)The right to form political parties.

(iii)The right to contest elections.

The rights:

(i) The right to information.

(ii) The right to get clean air.

(iii) The right to safe drinking water.

(i) The right to life.

(ii) Right to Liberty.

(iii) Right to property.

The duties are:

(i) Protecting the ozone layer.

(ii) Minimising air and water pollution.

(iii) Maintaining the green cover by planting new trees and preventing cutting down of forests.

The natural rights are those rights which have been given to the individuals by nature or God. In fact, these rights are basic, natural and essential for the survival of the human beings. The right to life, the right to liberty and the right to property in the state of nature are the natural rights.

Right to equality has been mentioned as fundamental right in the Constitution of India. Every person within territory of India has the right to equality before law. The state shall not discriminate any person on grounds of caste, religion, race, sex, place of birth or any of them. There shall be equal opportunities for the citizens for employment. Untouchability has been abolished. The state shall not confer any title except the military and acadamic destinations.

According to historical theory rights are the product of history. In due course of time, a custom due to practical utility becomes a right. Rights have the sanction of the long unbroken customs of a society. State only conforms rights which are sanctioned by the customs.

It is true that most of the rights of the people are a result of the long established customs.

Duty signifies an obligation. A man is said to have duty in any matter if he is under an obligation to do something. It is such an obligation by virtue of which we are bound to do something or refrain from doing. In fact, rights and duties go side-by-side and are the two facets of the same coin. If we wish to enjoy the civil and political rights, we must perform certain duties towards the state because it is the duties which create the essential qualities of sacrifice, courage and discipline among the citizens.

The two fundamental rights are described below:

(i)It is the duty of every citizen to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.

(ii)It is the duty of every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities.

The differentiation are:

Moral duties are those duties which are based on the morality of a person. For example to lead a moral life, to obey the parents and the teachers, to speak truth, to serve the needy and poor are the moral duties of the human beings. If a person does not perform his duties, he cannot be punished by the state.

On the other hand, the legal duties are those duties which are imposed by the state. For example to be loyal towards the state, obedience of laws, payment of taxes, proper use of the political rights are some of the legal duties. If a person does not obey the legal duties he can be punished by the state.

Right to freedom of religion is one of the fundamental rights of Indian Constitition.  Religion being a matter of faith, relates to our conscience. According to this citizens are granted with freedom to adopt, propagate and practice any religion.

Right to property is very important right of free liberal state but its not the fundamental right in India. Property provides citizens with incentives to work to achieve their desired goals. It provides conditions of comfortable living in which men are able to perform their assigned tasks. Property may be immovable like house and farms or movable like cash, jewellery and furniture.

The differentiation:

The right to livelihood is considered necessary for leading a life of dignity. Being gainfully employed gives a person economic independence and thus is central for his/her dignity. Having our basic needs met gives us freedom to pursue our talents and interests.

The two political rights experienced by citizen are:

(i)Right to Vote : Right to vote is the most important political right. It is through the exercise of this right that citizens in a democracy take part in the government formation of the country. Criminals, bankrupts, lunatics and aliens are not given the right to vote. In most of the modern state, every adult person- man or woman is given the right to vote.

(ii)Right to Contest Elections : Every voter is entitled  to be elected to the local bodies and states or central legislature. Certain states sometimes impose certain restrictions regarding age, education etc. of the contestant for being elected to the legislative bodies. This right is given equally to all the citizens of the state.

Rights are necessary for the betterment of individuals: Rights are helpful to create necessary conditions for the allround development of the citizens. It also helps in to meet his full potential.

The distinctions between the Constitutional Rights and the Natural Rights are made below:

The constitutional rights are those facilities, opportunities and liberties which have been recognised and enforced by the state. Laws of the state define, enforce and protect these rights, they are definite and can be enjoyed in actual practice by the people.
For example, the right to vote, the right to contest elections, the right to equality are the constitutional rights.

On the other hand, the natural rights are those rights which have been given to the individuals by nature or God. In fact, these rights are basic, natural and essential for the human beings, without which the human beings cannot live and cannot progress.

The right to life, the right to liberty and the right to property in the state of nature are the natural rights.

The ways for safeguarding the rights are described below:

(i) They must be incorporated in the Constitution of the country as fundamental rights. They must be in a written form.

(ii) There should be the rule of law. The government must work according to the Constitution. There should be equality before law and equal protection by the law.

(iii) There should be free and honest press. The print media is the best safeguard against any despotic government. Another safeguard is external vigilance by the people. They must be ready to fight for their rights.

(iv) There should be a decentralisation of power. Concentration of power in one or few hands leads to violation of the rights of the people.

A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings. It is something that we consider to be due to us; something that the rest of society must recognise as being a legitimate claim that must be upheld. This does not mean that everything that we regard to be necessary and desirable is a right. 

Rights are primarily those claims that we along with others regard to be necessary for leading a life of respect and dignity. In fact, one of the grounds on which rights have been claimed is that they represent conditions that we collectively see as a source of selfrespect and dignity.

The rights are not absolute.

The fundamental rights also can be suspended during the state of emergency. The provisions for suspension of fundamental rights are extraordinary. Such provisions were found only in Weimar Constitution of Germany. In democratic countries like United States, rights of people are absolute and can never be suspended. The provisions in our Constitution have been vehemently criticised by scholars and politicians alike. Such a criticism was voiced even in the constituent assembly by members like H.V. Kamath. The Constitution of India had declared that as soon as the state of emergency is declared under Article 352 (war or internal armed rebellion), the rights guaranteed under Article 19 (Freedom) automatically stand suspended. During the period of emergency citizens do not have any protection against the state.

The civil rights of the citizen enjoyed in a modern democratic country are described below:

(i) Right to life : In the modern times each state not only grants its citizens the right to life, but also protects the life of the individuals. Every individual is given the right to self-defence. An individual cannot be allowed to commit suicide. The life of an individual is not only his property but it is the property of the state also. The individual cannot be permitted to do any harm to the property of the state. According to this right the state guarantees the protection of the life of its citizens. 

(ii)Right to personal liberty: The citizens are also given the right to personal liberty. The individual is given complete liberty for the development of his personality. The government cannot arrest anybody arbitrarily. Nobody can be deprived of his life, liberty and property without a breach of law established in an ordinary court of law. An individual enjoys complete freedom so far as he obeys the laws of the state. A person can be arrested only when he violates the law of the state. He can be punished only when the charge against him is established in the court. The police cannot keep anybody in its custody more than 24 hours without the permission of the judge.

(iii)Right to equality : In the modern civilized state the citizens are also given the right to equality. Equality is the basis of democracy. All the citizens are considered equal in all aspects of life. Equality does not mean that the income of all the individuals should be equal or all of them should have the same status in life. Equality means that all the individuals should enjoy equal opportunities and nobody should be discriminated against on the basis of sex, caste, creed and colour, blood and religion.

(iv)Right to freedom of movement : A citizen has the right to freedom of movement and settlement in any part of the country. He cannot be restricted by any exercise of power. This way every citizen can settle at a place which he likes and where he can have his business. Nobody can be compelled to leave a certain place.

(v)Right to freedom of thought and expression : Freedom of speech is a valuable right. In all free countries citizens have the right to speak out honestly what view they may hold. Freedom of press is included in his right of free expression of opinion and is merely the right to publish and print what a man can carefully speak. Citizens can criticise government measures even severely. Freedom of speech and expression helps to create an enlightened public opinion.

(vi)Right to form associations : The individuals are given the right to assemble and form associations in order to promote their interests. Man is a social animal and performs all his functions in co-operation with others. He forms so many associations in society in order to achieve certain ends. The citizens are given with the freedom to form social, political, economic and cultural associations. The state should not interfere the functioning of these associations. The citizens form various types of professional associations, for example, trade unions and commercial associations.

The fundamental duties of the Indian citizens are mentioned below:

(i)It is the duty of every citizen to abide by the Constitution and respect its ideals and institutions, the national flag and the national anthem.

(ii)It is the duty to cherish and follow the noble ideals which inspired our national struggle for freedom.

(iii)It is the duty to uphold and protect the sovereignty, unity and integrity of India.

(iv)It is the duty of every citizen to defend the country and render national service when called upon to do.

(v)It is the duty to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of women.

(vi)It is the duty of every citizen to value and preserve the rich heritage of our composite culture.

Universal Declaration of Human

nose, begins

cultural claims

liberties, political.

Immanuel Kant was a German philospher of eighteenth century.

‘Human beings’ unlike all other objects, possess, dignity. They are, for this reason valuable in themselves.