Table of Contents
The main aim of modern state is to provide more and more facilities to its citizens to improve their standard of living and to make their lives more comfortable and happy.
To achieve this aim, the state provides many facilities which are termed as “Rights”. The State that provides more rights is termed as a good state.
Professor Laski has rightly remarked, “The State is known by the rights it maintains.”
Right are necessary condition for the personal, social, economic, political, moral, and intellectual development of individual.
Rights create an environment which makes possible the development of individual along with the development of society.
Definitions of Rights:
There are various definitions of rights by different personalities. They are as follows: -
- According to Laski, “Rights are those conditions of social life, without which no man can seek to be himself at his best.”
- According to Holland, a right is defined as “"a capacity residing in one person of controlling, with the assent or assistance of the State, the actions of others.”
- According to Austin, “Right means one’s capacity of extracting from another an act of forbearance.”
- According to Beni Prasad, “Rights are nothing more and nothing less than those social conditions which are necessary or favourable through the development of personality.”
Thus, rights are those claims which are necessary for the growth of individuals. Society gives recognition to these claims and the State enforces them.
Nature and Characteristics of Rights:
Nature and characteristics of rights are as follows: -
1. Rights are possible only in the Society – Rights can be enjoyed only in the society. A man living outside the society or acting against the social principles cannot have any right.
2. Rights are claims of the Individual – According to Wilde, “Rights are individual’s claims, he can ask for it in the present state. When anybody tries to take away his rights, he is punished by the law. Rights are protected by the law and the judiciary.”
3. Rights are recognised and enforced by the State – Rights are recognised by the state. The rights which are sanctioned by the society are included in the Constitution. They are determined by the law of the state. Violation of law invites punishment.
Thus, we can say that the rights cannot be enforced without the sanction of the State.
4. Rights are recognised by the Society – Individuals’ demands ultimately turns into rights, which get the sanction of the society. Public welfare is the main motive behind these demands. A person cannot use his rights against the welfare of the society.
5. Rights are not Absolute – We can enjoy only those rights which are sanctioned by the society and enforced by the state. We cannot exercise rights against public welfare. State can limit the rights keeping in view the public welfare and welfare of the state.
Thus, rights can be enjoyed within certain limits.
6. Rights are equal for all – No discrimination can be made in the enjoyment of rights. The purpose of the rights is to provide equal opportunities of development to all living in the state. This is also known as “Universal Nature of Rights.”
7. Rights are bound with duties – Rights and duties are two sides of the same coin. One person’s right is another person’s duty, and vice-versa. In short, my duties are his rights and my rights are his duties.
8. Rights keep on changing – Rights keep on changing with time, circumstances and durability. In times of emergency, rights can be limited in India. If there is democracy in a country, people enjoy more rights and if there is dictatorship or totalitarian state, people enjoy no rights or less rights.
9. Rights can be used for social good – Rights are not individuals’ personal demands but its motive is much higher. Rights are the products of the society. So, rights are used for the good of the society and public good. Individual has to make a balance between personal and social benefits.
According to Aris Batham, “All rights must be in last resort, be relative to some common or moral good.”
10. Rights should be clear – Rights should not be vague, but they should be definite so that they may not lead to frequent quarrels in the society.
Classification of Kind of Rights:
Social recognition and guarantee of the State enables the powers of man to take shape of rights. All genuine rights are condition of social welfare. Rights are sum total of those opportunities which ensure enrichment of individual personality. Thus, rights form the basic conditions of man’s good life and his social welfare.
For this, rights can be classified as: -
1. Natural Rights –
Men are given few right by nature.
According to John Locke, “before the emergence of state, man was living in the state of nature and he enjoyed many rights. These were natural rights. State cannot withdraw these rights, rather protect them. But in modern age, concept of natural rights is not accepted because rights cannot be accepted outside the society and the state. An individual can enjoy only those rights which are sanctioned by the state.
2. Moral Rights –
Rights which are based on the morality of the society are called moral rights. It is the moral right of old parents to make use of services of their children and if children do not look after their old parents, they cannot ask for any legal action.
3. Fundamental Rights –
In democracy, the rights which are necessary for the overall growth of an individual are called fundamental rights. These rights are included in the Constitution of the State. Judiciary protects these rights. Today, the inclusion of these rights in the Constitution is the sign of a democratic and good constitution. The citizens can go to court for the protection of fundamental rights.
Fundamental Rights which have been included in the Constitution are as follows: -
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Right to Religious Freedom
- Cultural and Educational Rights
- Right to Constitutional Remedies
4. Legal Rights –
Legal rights are those rights which are legally given to the citizens and are protected by the court.
According to Leacock, “A legal right is a privilege enjoyed by a citizen against fellow citizens guaranteed by the sovereign power of the state and upheld by that power.
Legal Rights can be sub divided into 3 categories:
- Civil Rights
- Economic Rights
- Political Rights
a. Civil Rights: These rights are necessary for all-round growth of the individual and we cannot think of civilised life without these rights. These rights are given to each and every member of the State.
These rights include –
- Right to Life
- Right to Family
- Right to Personal Freedom
- Right to Education
- Right to Religious Freedom
- Right to Equality
- Right to Freedom of Though and Expression
- Right to Freedom Movement
- Right to Press
- Right to Secure Justice
- Right to Form Association
- Right to Social Security
- Right to Contract
b. Economic Rights: These rights enable the individual earn his livelihood and differs from state to state.
Economic rights can be divided into following kinds:
- Right to Work
- Right to Adequate Wages
- Right to Property
- Right to Rest and Leisure
- Right to Economic Security
- Right to Fix Hours of Work
c. Political Rights: These rights enable the citizens to take part in the affairs of administration of the State. These rights are given to citizens alone.
Political rights include –
- Right to Vote
- Right to Contest Elections
- Right to Hold Public Office
- Right to Criticise the Government
- Right to Information
- Right to Form Political Parties and Association
Duties:
The society calls upon the individuals to follow certain norms. These are obligations or duties. Gandhi Ji advocated for both rights and duties. If an individual has a right to life, it is also his duty that he should not take life of another.
Classification of Duties:
- Moral Duties
- Legal Duties
- Fundamental Duties
1. Moral Duties –
Moral duties are based on accepted moral assumptions of the society and to obey them is good for the individual and the society. To respect the elders, to love the younger ones, to serve the parents, to help the deprived section of the society, and to behave in a decent manner with others etc. are the moral duties of an individual.
But if one doesn’t perform the moral duties, he or he cannot be compelled to do so because there is no legal sanction behind the oral duties. To perform or not to perform moral duties depends upon the will of an individual.
2. Legal Duties –
The duties which are performed by citizens and are enforced by the law of the state or the courts are known as legal duties. Individual is legally bound to perform the legal duties. It is the legal duty of every citizen to show obedience to the Constitution, commands of law, and pay taxes regularly and honestly. It is our legal duty to remain loyal to our country and to serve and defend the country at the time of emergency.
3. Fundamental Duties –
Duties which are included in the Constitution, which is the highest law of the country, are known as fundamental duties.
Fundamental Duties have been added in India according to Constitution (42nd Amendment) Act, 1976. All the fundamental duties have been mentioned in Part 4A, Article 51A of the Constitution of India.
Following are the Fundamental Duties: -
a. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
b. To cherish and follow the noble ideals of which inspired national struggle for freedom.
c. To uphold and protect sovereignty, unity, and integrity of India.
d. To defend the country and perform national services as and when the country requires.
e. To promote the spirit of harmony and brotherhood and to renounce any practices derogatory to the dignity of women.
f. To cherish and preserve the rich heritage of the country’s composite culture.
g. To protect and improve the natural environment including lakes, wildlife, rivers, forests etc.
h. To develop scientific temper, humanism, and spirit of inquiry and reform.
i. To safeguard all public property.
j. To strive towards excellence in all spheres of individual and collective activity.
k. To provide opportunities for education to children between the age of 4 and 16 years, and duty as parents to ensure that such opportunities are being awarded to their child.
