HUMAN RIGHTS AND CITIZENSHIP RIGHTS

Human rights and citizenship rights have complementary roles to play. This
enables a person to develop holistically. The concept of human rights have been
defined by Subhash Kashyap as such, ‘human rights are those fundamental
rights to which every man and woman inhabiting any part of the world should
be deemed entitled by virtue of having born as human beings.’ However,
enjoying human rights on the condition of one’s birth does not guarantee that a
person is free from bondages, violations or arbitrary laws. Instead realising
these human rights is best understood in an organised society—that is the State.

The commitment of the international community to prevent statelessness is

reflected in the Universal Declaration of Human Rights, which affirms in
Article 15 that “everyone has the right to a nationality”. The cornerstone for
combating statelessness around the world is the 1954 Convention relating to the
Status of Stateless Persons, and the 1961 Convention on the Reduction of
Statelessness.

In a State like India, the Part III of our constitution provides for Fundamental
Rights that enables the citizens in particular to be protected—protection from
discrimination, equality of opportunity in terms of public employment, the six
freedoms listed under article 19 (speech and expression; assembly; association;
movement; residence and settlement; and profession, trade, business or
occupation); cultural and educational rights. The other remaining fundamental
rights are available to all citizens. Citizens enjoy a superior position compared
other nationals, refugees or displaced persons. Human rights include all these
people while citizenship excludes non-citizens from enjoying certain rights
guaranteed by the state. This principle violates the inherent nature of human
rights.

Citizenship is the status of a person recognized under the custom or law as

being a legal member of a sovereign state or part of a nation. In India
Constitution Part II )articles 5-11) deal with the concept of citizenship.
Constitution of India is the primary legal instrument that lays down who is
deemed to be a citizen of India.

Commonly held rights of citizens around the world are:

Civil rights: like right to life, right to family life, right to education, right to
personal freedom, religious freedom, freedom of thought and expression,
freedom of movement, freedom of press, cultural freedom, right to form
association, right to contract, right to equality, right to justice, etc.

Socio-economic Rights: right to work, right to adequate wages, right to

property, right to rest and leisure, right to economic and social security, right to
fixed hours of work, etc.

Political Rights: right to vote, right to be elected, right to hold public office,
right to form political parties, right to petition, right to criticise, right to form
political parties, right to oppose government, etc.

However the States are required to ensure basic rights of citizens and non-
citizens residing on their respective soil. At least the State should take care of
the basic needs of the people. Basic needs are linked with basic rights. Human
rights and citizenship rights have some similarity wherein the State respects the
fact that individuals have the ability to make their own decisions in their
individual lives. Second, rights should remove discriminations and protect the
disadvantaged persons (like the disabled, women, children, orphans, destitute,
etc.). Third governments have to protect peoples’ security both physical and
human security.

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