RIGHTS 

 

 

 

1. About Rights

 
  • Right is an entitlement or a justified claim, it gives us what we are entitled to as citizens, as individuals and as Human beings
  • There is a distinction between what I want and think I’m entitled to, and what can be designated as rights
  • Rights are primarily those claims that I along with others regard to be necessary for leading a life with dignity
  • Having our basic needs met gives us the freedom to pursue our talents and interests
  • Freedom of expression is also important for democratic government since it allows for the free expression of beliefs and opinions
  • Rights such as the right to livelihood or freedom of expression, would be important for all human beings

2. Origin of Rights

  • In the 17th and 18th centuries, political theorists argued that rights are given to us by nature or god, which means rights are derived from natural law
  • Rights are not conferred upon us by a ruler or a society, rather we are born with them
  • Political theorists identified three natural rights of a man: the right to life, liberty and property
  • All other rights were said to be derived from these basic rights
  • The notion of universal human rights has been used by oppressed people all over the world to challenge laws which segregate them and deny them equal opportunity and rights
  • The list of human rights which people have claimed has expanded over the years as societies face new threats and challenges

3. Legal Rights and State

  • The Constitution represent the highest law of the land and so constitutional recognition of certain rights gives them primary importance, in our country we call them Fundamental Rights
  • Other laws and policies are supposed to respect the rights granted in the Constitution
  • Legal and constitutional recognition of our claims that several theorists define rights as claims that are recognized by the State
  • The legal endorsement certainly gives our rights a special status in society but it is not the basis on which rights are claimed
  • Through the rights people make demands upon the State
  • Right to Education is a State’s responsibility to provide basic education, it is the state that must initiate necessary steps to ensure that my right to education is fulfilled
  • Each right indicates what a state must do and what a state must not do
  • 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 a clean environment along with other conditions that may be necessary for a healthy life
  • Rights not only indicate what the state has to do but also what it should not do

4. Different Kinds of Rights

Political right
  • The right to equality before the law and the right to participate in the political process
  • These rights include the right to vote, elect representatives, the right to contest elections, the right to form political parties
  • Political rights are supplemented by civil liberties
  • Rights to aim to protect the well-being of the individual, political rights contribute to it by making the government accountable to the people
Economic rights
  • In some countries, citizens, particularly those with low income, receive houses and medical facilities from the state
  • Unemployed persons receive a certain minimum wage so that they can meet their basic rights. 

5. Rights and Responsibilities

 

Rights not only put obligations on the state to act in a certain way, to ensure sustainable development, but they also place obligations upon each of us

  • We must act to protect ourselves as well as future generations
  • If a person is given a right to express their views, they must also grant the same right to others
  • We must balance our rights when they come into conflict
  • Citizens must be vigilant about limitations which may be placed on their rights

General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights on 10 December 1948.

 

Previous Year Questions

1. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights? (UPSC 2023)

(a) 1st Amendment

(b) 42nd Amendment

(c) 44th Amendment

(d) 86th Amendment

Answer: A

2. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?  (UPSC 2020)

(a) Right against Exploitation

(b) Right to Freedom

(c) Right to Constitutional Remedies

(d) Right to Equality

Answer: D

1. “The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (UPSC 2023)
2.  “Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute.” Comment. (UPSC 2022)
3. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations suggests remedial measures. (UPSC 2021)
 

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