NCERT Theme Classes: Polity

Theme 3: Rights
5.1 WHAT ARE RIGHTS?

• A right is an entitlement or justified claim. It refers to what individuals deserve as citizens and
as human beings. Society must recognise such claims as legitimate.
• Not everything we desire becomes a right. A right is different from personal wishes.
• Rights are those claims considered necessary for a life of respect and dignity. Examples include:
o Right to livelihood for economic independence and dignity
o Freedom of expression, which allows creativity and supports democratic life
• Rights are described as universal because they are significant for all individuals.
• Rights also support well-being, helping people develop talents and skills.
o Example: Right to education develops reasoning, skills and informed judgment.
• Activities harmful to health or society (such as banned drugs or smoking) cannot be claimed as
rights.

5.2 WHERE DO RIGHTS COME FROM?

• Natural rights: Earlier political thinkers claimed that rights were given by nature or God, making
them inalienable. They identified three natural rights:
o Right to life
o Right to liberty
o Right to property
• This idea challenged arbitrary state power.
• Human Rights: Today, the focus is on human rights, which arise from the belief that all humans
are equal, unique and valuable. No person is born to serve another. All deserve equal
opportunities to develop their potential.
• This view challenges inequalities based on race, caste, religion or gender.
• The UN Universal Declaration of Human Rights (UDHR) reflects this understanding of dignity
and equality.
• Oppressed groups have used human rights to challenge discriminatory laws. Over time, the list of
rights has expanded, including:
o Rights to clean air and water
o Rights of women, children, sick persons in crises
o Right to livelihood
• These emerging claims arise from moral outrage and collective support.

# KANT ON HUMAN DIGNITY

• Immanuel Kant argued that human beings possess dignity, something above price.
• Every person deserves minimum dignity regardless of wealth, education or morality.
• Two principles guide moral treatment:
o Treat others as you wish to be treated
o Never treat people as mere means to an end

5.3 LEGAL RIGHTS AND THE STATE

• Human rights gain strength when recognised by law. Many countries include a Bill of Rights
within their constitutions.
• In India these are called Fundamental Rights.
• Legal recognition gives rights priority, but legal endorsement is not the origin of rights. Rights
evolve with society and history.

Claims Against State: Most rights are claims against the state.
• Example: Right to education requires the state to provide educational facilities.
• Rights place obligations on the state: It must act to protect rights, for example protecting life by
punishing offenders.
 • It must refrain from violating rights, such as arresting someone without reason or due legal
process
• The state is accountable because it exists for the well-being of individuals, not for itself.

5.4 KINDS OF RIGHTS

A) Political Rights
• These include:
• Equality before the law
• Right to vote and elect representatives
• Right to contest elections
• Right to form or join political parties

B) Civil Liberties
• These include:
• Free and fair trial
• Freedom of expression
• Right to protest and dissent
• Together, political rights and civil liberties are the foundation of democracy.

C) Economic Rights
• Political rights have limited value if basic needs such as food, clothing, shelter and health are
unmet.
• Therefore democratic states increasingly provide:
• Housing and medical facilities for low-income groups
• Unemployment wage or minimum wage provisions
• In India, the rural employment guarantee scheme

D) Cultural Rights
• These protect the cultural identity of groups, including:
• Primary education in one’s mother tongue
• Right to establish institutions for teaching language and culture
• Democracies continue expanding the list of rights as new needs emerge. Some rights like life,
liberty, equal treatment and political participation are foundational. Other rights support decent
living conditions.

5.5 RIGHTS AND RESPONSIBILITIES

• Rights create responsibilities for individuals as well as the state.

• Thinking of the Common Good
• Rights push citizens to defend public goods such as:
o Ozone protection
o Clean air and water
o Preservation of forests, green cover and ecological balance
• Future generations also deserve a safe and clean world.

Respecting Others’ Rights

• If we claim rights for ourselves, we must grant the same to others.
• For example:
o Respecting others’ choices in dress or music
o Not using free speech to incite violence
o Rights cannot be used to violate others’ rights.

Balancing Conflicting Rights

• Rights must be balanced when they clash.
• Example:
o Taking photos for expression cannot violate a person’s privacy.
o Vigilance Against Excessive Restrictions
Restrictions: Debates exist over limiting rights in the name of national security.
• Questions arise:
o Should arrests without strong evidence be allowed
o Should communication be intercepted
o Should torture be used
• Even when security is important, arrested persons must have legal counsel and the right to
approach courts. Governments may misuse power, so citizens must remain alert.
• Rights are not absolute, but they form the basis of a democratic society and must be protected.

Universal Declaration of Human Rights

• The Preamble to the UDHR (10 December 1948) highlights:
o The dignity and equal rights of all human beings
o The need for freedom, justice and peace
o Protection of human rights by rule of law
o Commitment of UN Member States to promote and respect rights
o The role of education and awareness in securing these rights

THE IMPORTANCE OF RIGHTS

Case 1: Asian Games Workers Case

• Construction workers were paid less than minimum wages.
• The Supreme Court held this to be a violation of the Right against Exploitation because it
amounted to forced labour (begar).

Case 2: Machal Lalung Case, Assam

• Machal Lalung remained in custody for 54 years without trial.
• This violated the Right to Life and Liberty, which includes fair and speedy trial.
These examples show:
o Importance of Fundamental Rights
o Need for legal protection and implementation

Bill of Rights
A democracy protects rights by listing them in the Constitution. This list is called the Bill of Rights.
It:
• Prevents government from violating rights
• Provides remedies against violations

Rights may be threatened by:

• Other individuals or private organisations
• Government organs such as legislature, executive, bureaucracy or judiciary

FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION

• During the freedom struggle, leaders demanded protection of rights.

• The Constitution therefore included Fundamental Rights.
• Why are they called Fundamental?
Because:
o They are specially protected by the Constitution
o Government cannot violate them
o They can only be changed through constitutional amendment
• Ordinary legal rights can be changed through ordinary law-making, but Fundamental Rights
require constitutional amendment.
• The judiciary protects these rights and can declare laws or executive actions illegal if they
violate Fundamental Rights
• However, Fundamental Rights are not absolute. Reasonable restrictions can be imposed.
FUNDAMENTAL RIGHTS IN INDIA

1. RIGHT TO EQUALITY
Includes:
* Equality before law
* Equal protection of laws
* Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
* Equal access to public places
* Equality of opportunity in public employment
* Abolition of untouchability
* Abolition of titles
Reservation and Equality
Article 16(4) allows reservation for backward classes not adequately represented in state services.
Reservations are considered necessary for achieving equality of opportunity.

2. RIGHT TO FREEDOM
Includes freedoms such as:
* Speech and expression
* Peaceful assembly
* Forming associations or unions
* Movement throughout India
* Residence anywhere in India
* Practising any profession or occupation
These freedoms are subject to reasonable restrictions for public order, morality and peace.

Right to Life and Personal Liberty

Article 21 states that no person shall be deprived of life or liberty except according to procedure
established by law.
Rights include:
* Protection from arbitrary arrest
* Right to know grounds of arrest
* Right to lawyer
* Production before magistrate within 24 hours
Supreme Court expanded this right to include:
* Right to live with dignity
* Right against exploitation
* Right to shelter
* Right to livelihood

Preventive Detention
A person may be detained before committing an offence if government believes they may threaten
security or public order.
Features:
* Detention allowed for up to 3 months
* Further detention requires review by advisory board
This provision is controversial because it may be misused.
Rights of Accused
The Constitution guarantees:
* No double punishment for same offence
* No retrospective criminal laws
* No forced self-incrimination
These ensure fair trial.

3. RIGHT AGAINST EXPLOITATION

Prohibits:
* Human trafficking
* Forced labour or begar
* Bonded labour
* Employment of children below 14 years in hazardous jobs
Child labour prohibition became stronger after right to education became fundamental.

4. RIGHT TO FREEDOM OF RELIGION

Everyone has freedom to:
* Follow any religion
* Practise and propagate religion
* Choose not to follow any religion
Freedom of religion includes freedom of conscience.
Restrictions may be imposed for:
* Public order
* Morality
* Health
Government may ban harmful social practices such as:
* Sati
* Bigamy
* Human sacrifice
The Constitution does not allow forcible religious conversions.
Equality of All Religions
India has no official religion.
The state:
* Cannot favour any religion
* Cannot discriminate on religious basis
* Cannot impose religious education in state institutions
These provisions support secularism.

5. CULTURAL AND EDUCATIONAL RIGHTS

India’s diversity is protected through these rights.
Minorities based on religion or language have the right to:
* Preserve language, script and culture
* Establish educational institutions
Government cannot discriminate while granting aid to minority institutions.

6. RIGHT TO CONSTITUTIONAL REMEDIES

Dr. B.R. Ambedkar called this the “heart and soul” of the Constitution.
Citizens can approach:
* High Courts
* Supreme Court
for enforcement of Fundamental Rights.
Courts can issue writs.

WRITS
a) Habeas Corpus
Court orders arrested person to be produced before it.
Illegal detention can be ended.

b) Mandamus
Issued when public authority fails to perform legal duty.

c) Prohibition
Higher court stops lower court from exceeding jurisdiction.

d) Quo Warranto
Prevents person from holding office unlawfully.

e) Certiorari
Higher court transfers case from lower authority or court.
# National Human Rights Commission (NHRC)
• Established in 1993
• Composition includes:
o Former Chief Justice of India
o Former Supreme Court judge
o Former High Court Chief Justice
o Two members with human rights experience
• Functions:
o Inquiry into human rights violation
o Jail inspections
o Human rights research
• It handles cases relating to:
o Custodial deaths
o Police excesses
o Violence against women
o Disappearances
• NHRC can recommend action but cannot directly punish offenders.

DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

• Makers of Constitution wanted social and economic justice but did not want courts enforcing all
policies. Therefore, DPSPs were included as non-justiciable principles.
• Courts cannot force government to implement them.

What do DPSPs contain?

They include:
a) Goals
• Welfare of people
• Social, economic and political justice
• Raising standard of living
• International peace
b) Non-justiciable Rights
• Adequate livelihood
• Equal pay for equal work
• Right against economic exploitation
• Right to work
• Early childhood care and education
c) Policies
• Uniform Civil Code
• Prohibition of alcohol
• Promotion of cottage industries
• Promotion of village panchayats

Implementation of DPSPs
Governments implemented several measures such as:
• Zamindari abolition
• Nationalization of banks
• Minimum wage laws
• Reservation policies
• Panchayati Raj institutions
• Mid-day meal scheme
• Employment guarantee programme

FUNDAMENTAL DUTIES
Added by the 42nd Constitutional Amendment in 1976.
Citizens should:
* Abide by Constitution
* Defend the country
* Promote harmony
* Protect environment
However, enjoyment of Fundamental Rights does not depend on fulfilment of duties.

RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND DPSP

• Both are complementary.

• Fundamental Rights
o Restrict government power
o Protect individual rights
• DPSPs
o Direct government toward welfare policies
o Promote social well-being
• Sometimes conflict occurs between them.

# Right to Property Controversy

• Originally, right to property was a Fundamental Right.
• Government land reforms and zamindari abolition laws were challenged.
• In 1973, Supreme Court held that Parliament could amend this right.
• In 1978, the 44th Amendment removed right to property from Fundamental Rights and made it
a legal right under Article 300A.

# Kesavananda Bharati Case

• Supreme Court held that Parliament cannot alter the basic structure of the Constitution.
• Some constitutional features are beyond amendment.

CONCLUSION
Rights in India developed through long struggles for freedom and equality.
The Constitution guarantees Fundamental Rights and the judiciary protects them.
Rights limit government power and ensure democratic governance.