RIGHTS
Topic Overview
16. Meaning of Rights
17. Definitions of Rights
18. Characteristics of Rights
19. Types of Rights
20. Rights in the Indian Constitution — Fundamental Rights (Part III)
16. Meaning of Rights
A right is a justified claim of an individual, recognised by society and/or the State, and protected by law, which is essential for that individual's development and dignified existence (Hinglish: right ek aisa 'haq' hai jo samaj/State dwara manya ho aur kanoon dwara suraksha di jaye).
- Why rights are necessary: Rights protect the individual from arbitrary interference by the State and by other individuals; they create the essential conditions for personality development, self-respect and participation in social/political life.
- Rights and human dignity: Rights exist to ensure that every human being is treated with dignity and not merely as a means to another's ends — closely linked with human rights philosophy.
- Rights and the State: Rights are claims that society recognises as so important that the State enforces them through law; without State recognition and enforcement, a mere 'claim' does not become an enforceable legal right (though 'moral rights' may exist independent of State recognition — see Types of Rights).
17. Definitions of Rights
- T.H. Green: "Rights are powers necessary for the fulfilment of man's vocation as a moral being" / a right is a power claimed by an individual which is recognised by society as contributing to the common good.
- Harold Laski: "Rights are those conditions of social life without which no man can seek, in general, to be himself at his best." Laski emphasised that rights exist prior to and independent of the State — the State's duty is to protect and fulfil rights, not create them arbitrarily.
- John Locke: Rights (life, liberty, property) are natural rights that exist in the state of nature itself, prior to civil society; the very purpose of government is to protect these pre-existing natural rights.
- Bentham: Rejected the idea of 'natural rights' as "nonsense upon stilts" — for Bentham, rights are creations of law (legal positivism); there is no right without a corresponding law.
- Bosanquet: A right is a claim recognised by society and enforced by the State because it serves the common good.
18. Characteristics of Rights
- Social nature: Rights exist only in society — Robinson Crusoe alone on an island has no 'rights' because there is no one else against whom to claim them; rights are inherently relational/social.
- Recognition by society/State: A mere personal desire/interest becomes a 'right' only when society/the State recognises it as legitimate and worthy of protection.
- Protection by law: Legal rights are enforceable in courts of law; the State provides remedies (e.g., writs) when rights are violated.
- Universality where applicable: Certain rights (especially human rights) are claimed to belong to all human beings everywhere, regardless of nationality, simply by virtue of being human.
- Reasonable limitations: Like liberty, rights are not absolute; they can be reasonably restricted in the interest of public order, morality, and the rights of others.
- Relationship with duties: Every right of one person logically implies a corresponding duty on others (and often on the State) to respect that right (see Section 27).
19. Types of Rights
Natural Rights
Rights believed to exist inherently in human beings by virtue of natural law, even before the State — e.g., Locke's life, liberty, property.
Moral Rights
Rights based on ethical/moral principles of what is right and just, which may or may not be backed by law — e.g., a moral right to be treated with respect, even where no specific law exists.
Legal Rights
Rights recognised and enforced by the law of the State, with a remedy available in courts if violated — e.g., right to property under Article 300A (a constitutional/legal right, not a Fundamental Right after 1978).
Civil Rights
Rights that enable a person to lead a civilised social life — e.g., right to life, personal liberty, equality before law, freedom of religion.
Political Rights
Rights that allow participation in the government/political process — e.g., right to vote, contest elections, hold public office.
Economic Rights
Rights relating to work, fair wages and economic security — e.g., right to work, right against exploitation (Article 23-24), right to form trade unions.
Human Rights
Universal rights inherent to all human beings regardless of nationality, recognised internationally (Universal Declaration of Human Rights, 1948) — e.g., right against torture, right to a fair trial.
Fundamental Rights
Rights given special/supreme constitutional status and protection in a country's constitution, enforceable directly through constitutional remedies — e.g., Part III of the Indian Constitution.
| Basis | Legal Rights | Moral Rights |
|---|---|---|
| Source | Enacted/recognised by law of the State | Based on ethics, conscience, social morality |
| Enforceability | Enforceable in a court of law | Not directly enforceable in court |
| Example | Right to vote (Art. 326) | Right to be treated with gratitude for a favour done |
20. Rights in the Indian Constitution — Fundamental Rights (Part III)
- Right to Equality (Articles 14-18): Equality before law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability, abolition of titles.
- Right to Freedom (Articles 19-22): Six freedoms under Art. 19 (speech, assembly, association, movement, residence, profession); protection in respect of conviction for offences (Art. 20); protection of life and personal liberty (Art. 21, including the expanded right to privacy, livelihood, dignity through judicial interpretation); right to education (Art. 21A); protection against arrest and detention in certain cases (Art. 22).
- Right against Exploitation (Articles 23-24): Prohibition of traffic in human beings and forced labour/begar (Art. 23); prohibition of employment of children below 14 years in hazardous occupations (Art. 24).
- Right to Freedom of Religion (Articles 25-28): Freedom of conscience and free profession, practice and propagation of religion (Art. 25); freedom to manage religious affairs (Art. 26); freedom from taxes for promotion of a particular religion (Art. 27); freedom from religious instruction in certain educational institutions (Art. 28).
- Cultural and Educational Rights (Articles 29-30): Protection of the language, script and culture of minorities (Art. 29); right of minorities to establish and administer educational institutions of their choice (Art. 30).
- Right to Constitutional Remedies (Article 32): The right to move the Supreme Court directly for enforcement of Fundamental Rights through writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto); Dr B.R. Ambedkar called this 'the heart and soul of the Constitution' since it makes all other rights enforceable.