Rights

Meaning: Rights are claims of an individual that are recognized by society and sanctioned by the state. They are not merely desires or privileges; they are justified entitlements necessary for leading a life of dignity.

Importance:

• They are essential for personal development (e.g., Right to Education).
• They protect individuals from the arbitrary power of the state.
• They ensure democratic participation (e.g., Right to Vote).

Bases for Claims:

• Human Dignity: The claim must be essential for treating humans with respect (e.g., freedom from torture).
• Public Good: The claim should not harm society (e.g., one cannot claim a right to smoke in public places).
• Social Recognition: A claim becomes a right only when society acknowledges it as legitimate.

Grounds for Universality: Rights are considered universal on the ground that all human beings, regardless of race, gender, nationality, or caste, possess equal value and dignity. These rights are inherent to our humanity and are not “gifts” from any government.

Three Universal Rights:

1. Right to Life and Liberty: No one has the right to kill or enslave another human being. This is the foundation of all existence.
2. Right to Freedom of Speech/Expression: Every human has the capacity to think and communicate; denying this stifles the human spirit.
3. Right to Education: Education develops the human mind and personality. Without it, a person cannot fully realize their potential as a human being.

Rights are dynamic and evolve with society. Some emerging claims in India include:

• Rights of Tribal Peoples: Claims to protect their natural habitat (forests) and traditional way of life against displacement by dams, mines, or industries.
• Rights of Children against Bonded Labour: Ensuring childhood is protected from exploitation, guaranteeing the right to play and learn.
• Right to Information (RTI): The claim that citizens have a right to know how the government functions and spends money.
• Right to Privacy: In the digital age, citizens are claiming rights against mass surveillance and data theft (declared a fundamental right by the SC in 2017).
• Right to Clean Environment: Claims against pollution as a violation of the Right to Life.

Category	Definition	Examples
Political Rights	Rights that allow citizens to participate in the political process and administration of the state.	• Right to Vote • Right to Contest Elections • Right to Form Political Parties
Economic Rights	Rights that ensure economic security and allow individuals to meet their basic needs (food, shelter).	• Right to Work • Right to Adequate Wages • Right to Property
Cultural Rights	Rights to preserve one’s language, heritage, and way of life, especially for minorities.	• Right to establish educational institutions • Right to receive primary education in mother tongue

Rights act as a “Lakshman Rekha” for the government. They define what the state cannot do to its citizens.

Explanation with Examples:

• Limit on Police Power: The “Right to Life and Personal Liberty” (Article 21) means the state cannot arrest or punish anyone arbitrarily. The police must follow legal procedures (e.g., producing the accused before a magistrate within 24 hours).
• Limit on Censorship: The “Right to Freedom of Speech” means the government cannot ban newspapers or arrest critics just because it dislikes their opinion (unless they incite violence).
• Limit on Discrimination: The “Right to Equality” prevents the state from favoring one religion or caste over others in government jobs or laws.

Thus, rights ensure that the state remains a servant of the people, not their master.