Themes we will study in this chapter are-
1. Definition of Right
2. Origin of Right
3. Kind of Rights
4. Relationship between right and state
5. Kant view on human dignity
6. Rights and responsibilities.
INTRODUCTION-
Right – an entitlement or a justified claim, as a human, individual and citizen.
Right to life and personal liberty, vote, form political parties, contest elections, Privacy, Sleep, Internet, Clean Air and a long list with changing scenarios over time.
Rights to everyone ranging from child yet unborn to adult, old and all other life forms.
It also does not mean that everything I regard to be necessary and desirable is a right.
Rights are the claims in a society as a whole that are necessary for leading a life of respect and dignity.
Ex. – Right to livelihood, freedom of expression. They are also considered universal in nature.
Rights are necessary for our well-being. They help individuals to develop their talent and skill. Ex. – Right to Education.
Necessary restrictions on rights as well to save citizen’s lives from any danger. Ex. – Ban on Smoking and Drugs.
Where do Rights come from?
Political theorists of 17th & 18th Century argued that rights of men are derived from natural law and these are given to us by nature or God.
It stated that, all rights derived from 3 natural rights, we are born with: Right to Life, Liberty and Property.
Since these rights are natural, they cannot be arbitrarily taken away by state or organization, rather these individual freedoms be safeguarded.
Recent times emphasizes on human rights that are given by humans themselves in order to lead a minimally good life.
Each person is unique and equally valuable.
Everyone is equal and no one is born to serve others.
UDHR are based on these ideals, which identifies humanistic value and provides rights to the world community to lead a life of dignity and self-respect.
These rights have come to us after long struggles of the deprived sections of society. Abolishment of Slavery is one example of such long struggle.
The list of human rights is expanding in light of changing world posing new threats and challenges.
Immanuel Kant on Human Dignity-
18th Century German Philosopher stated that unlike other objects ‘Human Beings’ possess dignity which is valuable in themselves.
Despite being dishonest and immoral they still possess dignity which ought to be valued.
Kant stated treating people with dignity is like a moral and this became foundation to call for human rights.
Immanuel Kant presented moral conception of Rights, resting upon two arguments:
Treat others as we would like to be treated ourselves.
We don’t treat other persons as means to our ends. Respect people not as per our needs but because they are human beings.
Legal Rights and the State-
Bill of Rights in Constitutions globally recognize certain rights by giving them constitutional status.
Other laws and policies are supposed to respect the rights granted in the constitution.
In India these are called Fundamental Rights. Other laws and policies are meant to respect these rights. Ex. – Ban on untouchability & Child labour
Rights are expanded and reinterpreted to include previously excluded groups and reflect our contemporary understanding and requisite to lead a life of dignity and respect.
Rights place an obligation on state to act in certain ways.
Rights claimed are directed towards states and also falls on Individual responsibility.
Ex.:
Art 21A – Right to Education,
Art – 45- Part IV, of Indian Constitution where State is directed to “Provision of free and Compulsory Education for Children”
Art.51A (k) – Duty of individual to ensure their ward’s education.
Rights indicates towards what state needs to do so citizen can enjoy those rights and also dictates what state must refrain from doing so that sanctity of individual’s life and liberty is not violated.
Example:
Art.21 Protection of life and personal liberty
Art. 22 Protection against arrest and detention in certain cases,
KIND OF RIGHT-
A- Political rights
B-Civil rights
C-Economic rights
D- Cultural rights
E-Human rights
Let's understand briefly what are these notes-
Political Rights-
1. Right to equality before law
2. Right to participate in Political Process
3. Right to vote and elect representatives
4. Right to contest elections
Civil liberties –
Fair trial, Freedom of expression, right to protest and express dissent.
Political rights give power to people to make government accountable and opportunity to influence the decisions of government.
Economic Rights-
Access to basic needs of food, shelter, clothing health etc. as defined in our DPSP
Other rights without these are of no or little use.
Some countries provide these rights to their citizen in form of nationalized health and education system, unemployment benefit and through other welfare schemes
In India MNREGA, Aysushman Bharat Scheme, Ujwala Yojana, PM Gramin Aawas Yojana, are some example of such measures taken by government.
Cultural Rights-
Right to practice, prosper and be educated in their mother tongue.
Right to set up institutions to protect one’s language and culture.
Besides these there are various other rights like right to life, liberty etc. and the expanding list. These rights are crucial for a dignified human life.
Human Rights-
✓ Human rights are those rights which all human beings are entitled by virtue of being human. It is based on the principle of respect for the individual.
✓ The fundamental assumption behind the concept of human rights is that every person is amoral and rational being who deserves to be treated with dignity.
✓ Human rights are both universal and fundamental; these are universal in the sense that they belong to all human beings irrespective of race, nationality, community, religion, gender, etc; these are also fundamental because once given, these cannot be taken back.
✓ Although the presence of human rights can be traced to the ancient Indian philosophy and culture, the concept formally originated at the international level in 1948 with the UN Declaration of Human Rights listing 30 rights for all people across the globe.
On 10 December 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights.
RIGHTS AND RESPONSIBILITIES-
✓ Rights place an obligation on state to ensure sustainable development and also an obligation of compliance on each of us.
✓ Rights compels us to think not just for our own personal needs and interest but defend the good for all of us.
✓ Secondly, rights are meant when we respect the rights of others also and not abuse their rights.
✓ Thirdly, balance these rights when they come in conflict with other rights.
✓ Fourthly, need is too vigilant about the limitations of these rights.
✓ Rights are the basis of a democratic society, and they are not absolute we need to be vigilant our Rights and protecting others also.
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