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Rights
Rights
What is meant by rights? How is a 'right' different from any 'claim'? What are the
major kinds of rights? What are Human Rights? These and many other questions
interest an
ordinary just much student of law and
person as as a politics.
WHAT IS MEANT BY RIGHTS?
Any particular right which one has is a "capacity" of enjoying some particular status
or having some "particular power of action." We may define rights "as those claims
of an individual or group of individuals to good life which are recognised by
the community as essential for the common good."
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iberties are the Requisites of Democracy
Civil
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om
Thus s eof the rights require that the
tecting them, whereas others government should provide a mechanism
for prote
gOvernment
impose restrictions upon the acts of the
luation of the Theory
Legal Rightsof
authtedly, rights not supported by laws of
1
KINDS OF RIGHTS
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process implies #h.
Right to participate political
in
2. The Right to be Elected:
to having abght
to contest an election, although that right
may be subjected
of
particular
twenty-five
age. years.
MembersRight
of to
thepolitical
Lok Sabhaprocess
in India
includes
should
the have
rightattained
to form #or joind he age
them
Personal Liberty: A person should
not be imprisoned or detained, exCent
1. Right to
law. Personal Iiberty also means that privacv
according to procedure established by law.
of homes and correspondence, etc., should be protected by
2. Freedom of Speech, Expression and Assembly: This means the right to say or
write what one chooses and the right to attend any lawful public meeting. These
freedoms enable us to in cultural and political activities.
participate
3. Freedom of Religion: The right to practise one's religion has come to be recognised
as a basic right in all civilized societies. State should not be wedded to any Church
or religious Creed. The right to freedom of religion is clearly recognised by the
Constitution of India.
4. Right to Civil Equality: It implies that nobody should be subjected to discriminatory
treatment on grounds of race, religion, caste or sex. We would concern ourselves
with two main dimensions of equality.
First, women should be legal equals of men. There should be "equal pay for equal
work for both men and women." In India the customs of marriage, divorce, dowry
and inheritance tell a tale of female injury, which is unjust.
Second, inferior treatment should not be
meted out to any section of society, on The Gender Gap in India
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socio-Economic Rights
cdcal thinkers and soCiologists are not satisfied with the provision of civil and
Politic
wcal liberties
politice
alone. Democratic societies insist on the following socio-economic
hts of the citizens:
opportunities.
language, script and culture, and (ii) the right Abraham Lincoln Writing
to establish and administer educationalresident
Proclamation of Emancipation
institutions of their choice.
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Bonded Labour
Rights of Children against
is a worldwide problem. A very large pronor
Exploitation of child labour
from an early age as 'bonded labour: Work
children are forced to work
are usually very
bad and remuneration they get is just nominal. Such childn
and subjected to conditions injurious to
dren are
are conditions
naturally deprived of education the
and welfare. The United Nations
called for an Action for the Eliminationealth health
Labour and for the Prevention of the sale of Children and Child Pornoaranhd Child
an important role in prote.ctinne
United Nations Children Fund (UNICEF) plays and
Children.
promoting the Rights of the
HUMAN RIGHTS
Today, the term 'Natural Rights' stands replaced by Human Rights'. The E Fascist
and the Nazi rulers of Italy and Germany had an utter disregard for the Hum
uman
Rights. Men and Women looked for a better and happier world after the Second
World War (1939-1945). This led to the establishment of the United Nations
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econality" and to enrich "the society at large". The
rsonality"
pe World Conference on Human
Rights (1993) said, "the universal nature of human
s (190
rights and freedoms is beyond question."
Main Assumptions of Human Rights
he
The Human Rights are based on the
following assumptions:
Rights belong to Man by Nature: All
rights belong to man by nature.
human beings are born free. In other words,
They can be asserted anywhere and
Prohibition of Discrimination: The state shall not everywhere.
on grounds only of race, colour,
discriminate against any citizen
sex, religion, place of birth or
However, the State may make any special any of them.
sections of society. provision for the advancement of weaker
3The Universality of Rights: The Declaration applies to all
Countries and is not limited to self-governing States alone. territories and all
In other words, those
people are also entitled to these rights who belong to a which
by another country. country, is controlled
Torture
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3. Economic Rights: Every one has the right to own property alone ad
association with others. Every one has the right to work and to protection ell asas inin
and join
unemployment. Moreover, every one has the right to form and
join trade against
unions
for the protection of his interests.
4. Social Rights: Men and women of full age have the right to marry and o
to ound
a family. The Motherhood and Childhood are entitled to special care and assis
nce.
Education shall be free, at least in the elementary and fundamentalnce
Moreover, education should promote understanding tolerance and frio stages.
among all nations and
racial groups. friendship
5. Cultural Rights: Every one has the right treely to participate in the cultural .
of the community. In other words, every one has the right to enjoy the arts life
and its benefits.
and
to share in scientific advancement
The Covenants (International Bill of Human Rights): 'These rights are leoal..
binding by virtue of two International Covenants, to which most States are partio
ies.
These two Covenants are: (i) International Covenant on Civil and Political Right
and (i) International Covenant on Economic, Social and Cultural Rights. The two
Covenants constitute the International Bill of Rights. The States which have ratified
ed
the Covenants and the Protocol are under a legal obligation to act in accordance
with these principles.
Expansion of Human Rights: As we already told you, rights keep on changing
with the needs of society. The environmentalists want to protect and preserve the
natural environment including forests, rivers and wild life. From time to time the
UN General Assembly adopted the following Conventions (Agreements): Elimination
of Discrimination against Women, Convention on the Rights of the Child, Human
Rights in Times of War and Rights and Status of Refugees. 'International Convention
on the Elimination of All Forms of Racial Discrimination' and the 'International
Convention on Suppression of the Crime of Apartheid', i.e., discrimination on grounds
of race.
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acides, there are many Non-governmental
n rights. Amnesty International (foundedOrganisations
Bes (NGOs) fighting for
iman
in 1961 by a British
nson) is the world's largest non-governmental or lawyer, Peter
rights. Its objectives are: () to seek release ofvoluntary
Benense
forhuman
human right organisation working
persons detained for political
or religious opinions, ()
religious opinior prevention of torture, and (ii) to help refugees who seek
laum in other countries. But
asylum the recentin
past there has been
between what it says and what it actually does.
a
credibility gap
NGOs Fighting for Human Rights in India: In India more than 200 NGOs,
inrluding Peoples Union for Civil Liberties (PUCL) and
Peoples Commission, have
hoen active in drawing public attention to human rights abuses. They have brought
talight the cases of the bonded labourers,
children in
prisons and violence committed
a0ainst women under trials. "This required a special kind of
courage, but each time
a man stands up for an ideal, he sends out a tiny ripple of hope. "Those ripples,"
the late Robert F. Kennedy said, "build a current which can down the
walls of pression and resistance,"
sweep mightiest
without law.
Our rights put obligations on State to do certain things. There are many laws to
protect our property, life and family relations. There are such rights also as impose
restrictions upon the behaviour of government.
Kinds of Rights: () Political Rights; (i) Civil Rights and Liberties such as the right
to personal liberty, freedom of speech and expression, freedom of religion, and the
right to civil equality; (ii) Socio-economic Rights, such as the right to work and the
right to property and (io) Cultural and Educational Rights.
Human Rights: Human rights refer to those freedoms which should be available to
all persons, irrespective of their religion, race, caste, sex, nationality or any of them.
Declaration and Classification of Human Rights: December 10, 1948This day is
celebrated as the Human Rights Day all over the world-Civil, Political, Economic
Social and Cultural Rights.
The Covenants: International Covenant on Civil and Political Rights and International
Covenant on Economic, Social and Cultural Rights came into force in 1976.
Expansion of Human Rights: International Convention on the Elimination ot Al
Forms of Racial Discrimination (1965), Convention on the Elimination of All
Forms
of Discrimination against Women (1979), Declaration of the Rights of the Child (195)
and Convention against Torture (1984).
Eternal Vigilance is the Price of Freedom and Human Rights: Citizens have to
keep their eyes open. There is no justification for torture to obtain confessions trom
the prisoners. them.
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EXERCISES
A.
Following Questions carry 1 Mark each
A Answers should not exceed 20 Words each)
(a) Name the two great thinkers
who propounded the
Ans. John Locke and Thomas Paine. theory of Natural Rights.
(b) Who propounded the Utility theory of Rights?
Ans. Harold Laski
(c Name the two great political thinkers who
Rights.
propounded the theory of Legal
Ans. John Austin and Jeremy Bentham
d Which day is celebrated as the Human
Ans. 10th December
Rights Day all over the world.
International Covenant on
Economic, Social and Cultural Rights.
(i)
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(c) Comment on the statement that "eternal vigilance is the price of e.
Ans. Citizens have to keep their eyes open. Well-informed citizene edom"
ell-informed citizens should
fight against violations of rights. This required a special kind of
of cO
kind
that is worth the effort that is spent on it. But courage.
(d) Name any two Human Rights Monitoring Agencies.
Ans. () The UN Human Rights Commission, and
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Collowing Questions carry 5 to 6 Marks each
E
(Answers should not exceed 150 Words
each)
6. What is meant by Rights? How is a Right different form a Claim?
7. Why areRights necessary and important for individuals?
8. Explain the theory of Natural Rights as expounded
Revolutionaries. by John Locke and French
a Describe the theory of Legal Rights under the
(a) Rights put obligations on State to do following headings:
certain things
(b) Rights place limits on actions of
Government
10. Explain:
(a) Any three political rights
(b) Any three civil rights and liberties
11. Explain the Socio-economic rights of the Citizens.
E.Passage-based Question
Study the passage given below and the
answer questions that follow:
In the seventeenth and eighteenth centuries, political theorists
that rights argued
are given to us by nature or God. The
rights ofderived from natural
men were
law. This meant that rights were not conferred
by ruler or a society; rather we
a
are born with them. As such these
rights are inalienable and no one can take these
away from us. They identified three natural rights of man: the right to life,
liberty
and property. All other rights were said to be derived from these basic rights.. This
conception of natural rights has been used widely to oppose the exercise of arbitrary
power by states and governments and to safeguard individual freedom. In recent
years, the term human rights are being used more than the term natural rights.
(Source: NCERT Textbook)
Questions:
1. What was the main doctrine of rights that emerged in the seventeenth and
eighteenth centuries? What was the belief of the political thinkers of those times?
2. What were the three natural rights of man identified by the political theorists
in the 17th and 18th centuries?
3. Which term began to be used more than the term 'natural rights' in recent years?
(2+2+1)
A Guideline:
ot Man. The 17th and 18th centuries political
1. It wasthe doctive of Natural Rights
are given to us by Nature or God" and "we are
thinkers believed that "rights
born with them."
three Rights of Man: the right to Life, Liberty and Propertv.
2. They identified these
began to be used.
the term "Human Rights'
3. In recent years
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