RIGHTS

Meaning of Rights.

Rights are those conditions of social life without which no person can generally realize his best self.
These are the essential conditions both for the individual as well as for the society. It is only when a
person gets appropriate conditions or claims to develop his personality that he can contribute his best
services to the society. It is the duty of each democratic state to grant, guarantee and effectively protect
the rights of its entire people.

According to Laski, “Rights are those conditions of social life without which no man can seek in general,
to be himself at his best.”

According to Bosanquet, “A right is a reasonable claim recognized by society and enforced by the state.”

Thus, rights are common and recognized claims of the people which are essential for their development
as human beings.

Characteristics of Rights.

1. Rights are social and exist only in society.

2. Rights are socially accepted claims of the individual for his development in society.
3. Rights are recognized by the society as common claims of the people.
4. Rights are reasonable, rational and essential claims that the people make on the society.
5. Rights are to be exercised by the people for their development in society through social good.
6. Rights are universal and equally available to all the people.
7. Rights are dynamic and evolving not static and fixed. The contents of rights keep on changing with the
passage of time.
8. Rights are inseparably bound up with duties. No duties no rights. No rights no duties. Our rights are
duties of others and other’s rights are our duty.
9. Rights are enforced by the law of the state. It is the duty of the state to protect the rights of the
people.
10. Rights are not absolute and unlimited. These always bear limitations considered essential for
maintaining public health, security, order and morality.

Kinds of Rights.
There are three kinds of rights.

1. Natural rights: - Severed scholars in the seventeenth and eighteenth centuries held that individuals
used to live in a state of nature and they enjoyed certain natural rights. Locke believed that individuals
had several natural rights in the state of nature particularly the right to life, right to property and right to
liberty. Natural rights are not given to man either by state or society; they are part of human nature and
natural reason. However, the concept of natural rights is ambiguous. No one can really define these
rights. Rights are the products of the society and not of nature, thus rights exist only in society and are
protected by the state for the people.

2. Moral rights: - Moral rights are those rights which are based on human consciousness, their sense of
goodness and justice. Sense of goodness and public opinion are the sanctions behind moral rights. These
rights are not backed by the law of the state but by the moral force of the human mind. Moral rights
include rules of good conduct, courtesy and good behavior. If any individual violates a moral right, no
legal action can be taken against him. The state cannot enforce these rights. When a moral right is
adopted and enforced by the law of the state, it becomes a legal right.

3. Legal rights: - Legal rights are those rights which are recognized and enforced by the state. These
rights are protected by the state. Any violation of such rights is punishable by law; be it individuals or
government. Law courts of the state enforce legal rights. Legal rights are equally available to all the
citizens without any discrimination.
Three classes of legal rights: -
(i) Civil rights: - they are those rights which provide opportunity to an individual to lead a civilized social
life. Right to life, liberty and equality are civil rights to fulfill the basic needs of the people and these
rights are protected by the state.
(ii) Political rights: - they are those rights which enable an individual to take an active part in the political
process. These rights include right to vote, right to get elected, right to hold public office, and right to
criticize and oppose the government.
(iii) Economic rights: - They are those rights which provide economic security to the people. The basic
needs of man are related to his food, clothing, shelter, medical treatment, etc. without the fulfillment of
his basic material needs, no person can really enjoy his civil and political rights. Thus, it is essential that
every citizen must get the right to work, right to adequate wages, right to leisure and rest and right to
social security in case of illness, old age and physical disability.

Classification of rights: -
Rights are classified into civil, economic and political rights.

1. Civil rights: -

(i) Right to Life: - the right to life and its protection is a basic right of an individual. Without this right,
there can be no safety either for the individual or the society. However, right to life does not mean the
right to end life or to commit suicide.
(ii) Right to Family life: - the right to family life is of great significance for the continuation of human
race. One can marry the person of one’s choice and produce children. Every state recognizes the
sanctity of family life and the institution of marriage. State laws can make some laws for securing family
welfare.
(iii) Right to Education: - Education for human being is very essential because it helps them to contribute
and participate in the working of the society and government. Educated persons can understand the
current problems, express their views, and criticize the government. Without the right to education, no
citizen can really hope to develop his faculties.
(iv)Right to Personal Freedom: - Right to personal freedom is essential for the physical and mental
growth of an individual. It can be enjoyed in accordance with the laws made by the state and interest of
the society.
(v) Right to Religious Freedom: - In a democratic and secular state, right to freedom is given. The state
does not impose any religion on the people and they are free to adopt any religion and can establish
religious institution as well.
(vi) Right to Freedom of Thought and Expression: - Right to freedom of thought and expression is very
essential for personality development.
(vii) Right to Freedom of Movement: - Every citizen has the right to move freely throughout the country
as well as abroad. However, certain areas can be made restricted areas.
(viii) Right to Press: - Press is considered to be the guardian of the rights of the citizens. Citizens are
given the right to get their views printed in newspapers and periodicals. This right is essential for
spreading political consciousness among the people.
(ix) Right to Equality: - In democratic state, the people are granted the right to equality. Everyone is
given equal opportunity to develop. Nobody is discriminated on the basis of religion, caste, sex, colour
and the like.
(x) Right to Justice: - Right to justice is given to save the weak and the poor. People are given the right to
go to court for securing justice.

2. Economic rights: -

(i) Right to Work: - Right to work is essential for the proper living and the fulfillment of the various needs
of an individual. Therefore, every state tries to give the right to work or the right to employment to its
people.
(ii) Right to Adequate Wage: - A person has a right to adequate wages for his labour. Thus, the state fixes
minimum wages according to the quality and quantity of work. Wage is always regarded as a reward for
the work done.
(iii) Right to Property: - Right to property means the right to retain the surplus wealth or to purchase
immovable or movable property. It contributes positively towards the growth of culture and civilization.
(iv) Right to Rest and Leisure: - It is essential for people to have the right to rest and leisure for enabling
them to protect their health. For this purpose, the state fixes working hours, makes provisions for a
break or interval between the working hours, establishes rest houses and tries to ensure good
conditions of work and rest.
(v) Right to Economic and Social Security: -In a modern welfare state, citizens enjoy the right to
economic and social security. State provides security in case of old age, sickness, unemployment and
disability through old age pensions, unemployment allowances, benefits of provident fund, financial
help during illness or accidents.

3. Political rights: -

(i) Right to Vote: - In a democratic state, every adult citizen, above the particular age of 18 years or 21
years, is given the right to vote. By the use of this right, citizens elect the government of their choice.
(ii) Right to get Elected: - In a democratic state, every citizen is given the right to get elected to any
public office. He can be the member of a legislature, corporation, municipal committee or panchayat
after getting elected. Some qualifications are however fixed for seeking an election.
(iii) Right to Hold Public Office: - Citizens have to right to hold public offices after getting elected as
representatives of the people. While fixing qualifications, no discriminations is made and proper care is
taken that only competent persons may get elected.
(iv) Right to Petition: - Citizens have the right to petition and they can send their applications individually
or collectively to the authorities to redress their grievances.
(v) Right to Form Political Parties: - In all democratic state, the citizens have the right to form political
partis and to participate in political process through their political parties.
(vi) Right to Criticize: - In democratic states, the citizens have the right to criticize the policies of the
government and this right made the government responsible to the people.
(vii) Right to Resist the Government: - The citizens have the right to resist the government if it fails to
protect the interests, by using peaceful and constitutional means.

Study Duties of Citizens on your own.

Notes by : E.K.