CHAPTER-5 (POLITICAL THEORY)
RIGHTS
WHAT ARE RIGHTS?
• A right is an entitlement or justified claim that individuals can legitimately expect
society to recognise and protect.
• Rights apply to individuals as citizens, as members of society, and as human
beings.
• Not everything that a person desires or wants can be called a right; there is a clear
difference between personal wishes and legitimate rights.
• Rights are those claims that are considered essential for living a life of dignity,
respect, and self-worth.
• Rights are based on the idea that certain conditions are necessary for self-respect and
human dignity.
• Fulfilment of basic needs through rights gives individuals the freedom to develop
talents and pursue interests.
• Rights such as livelihood, education, and freedom of expression are considered
universal rights, applicable to all people.
• Rights are also justified because they promote individual well-being and personal
development.
• The right to education helps develop reasoning ability, skills, and the capacity to
make informed choices.
• Any activity that is harmful to health or society cannot be claimed as a right.
• Actions such as consumption of prohibited drugs or smoking, which harm both
individuals and others, are excluded from the category of rights.
WHERE DO RIGHTS COME FROM?
• In the 17th and 18th centuries, political thinkers argued that rights come from
nature or God, not from rulers or governments.
• These rights were said to arise from natural law, meaning they exist
independently of society or the state.
• According to this view, humans are born with rights, and they are not granted
by any authority.
• Such rights are inalienable, meaning no one can take them away.
• Three basic natural rights were identified: the right to life, liberty, and property;
all other rights are considered to be derived from these three basic rights.
• The idea of natural rights is powerful because it limits the power of the state and
rulers, preventing arbitrary authority.
• Natural rights theory has been widely used to protect individual freedom and
oppose unjust state actions.
• In modern times, the term “human rights” is preferred over “natural rights”.
• This change is because belief in natural law or divine origin of rights is less
widely accepted today.
• Rights are now seen as guarantees created and accepted by human beings
themselves.
• Modern human rights aim to ensure a minimum standard of a good and
dignified life for all individuals.
LEGAL RIGHTS AND THE STATE
• Legal recognition of rights is essential for their effective protection.
• Constitutions provide the highest legal status to rights through a Bill of Rights.
• In India, constitutionally recognised rights are called Fundamental Rights.
• All laws and government policies must conform to constitutional rights.
• Some rights reflect a country’s specific history and social conditions (e.g., ban on
untouchability in India).
• Many thinkers define rights as claims recognised by the state, though the state does
not create rights.
• Rights mainly place demands on the state to fulfil them.
• The primary responsibility for implementing rights (like education) lies with the
state.
• Rights impose obligations on the state to act and to protect individuals.
• Rights also place limits on state power, preventing arbitrary actions.
• The right to liberty requires the state to follow legal procedures before restricting
freedom.
• The state exists for the well-being of individuals and is accountable to the people.
KINDS OF RIGHTS
• Most democracies begin with a charter of political rights.
• Political rights ensure equality before law and participation in the political process.
• Political rights include:
o Right to vote and elect representatives
o Right to contest elections
o Right to form or join political parties
• Political rights are supported by civil liberties.
• Civil liberties include:
o Right to a free and fair trial
o Right to freedom of expression
o Right to protest and express dissent
• Political rights and civil liberties together form the foundation of a democratic
system.
• Political rights protect individual well-being by:
o Making governments accountable to the people
o Giving priority to individual concerns over rulers
o Allowing citizens to influence government decisions
RIGHTS AND RESPONSIBILITIES
• Rights place obligations on the state as well as responsibilities on citizens.
• Citizens must think beyond personal interests and protect the common good.
• Protecting the environment (ozone layer, air and water, forests, ecological balance) is
a shared responsibility.
• Safeguarding nature is essential for present and future generations to live a
dignified life.
• Rights require respect for the rights of others.
• Enjoying one’s rights implies allowing others to enjoy the same rights equally.
• Freedom of expression cannot be used to harm, incite violence, or deny others’
rights.
• Individual rights are limited by the principle of equal rights for all.
• When rights conflict, they must be balanced (e.g., freedom of expression vs right to
privacy).
• Citizens must be vigilant about restrictions imposed on rights in the name of
national security.
• Restrictions on liberty must not become a threat to democratic freedoms.
• Even accused or arrested persons must have legal safeguards and fair trial rights.
• Governments may misuse excessive powers and become authoritarian.
• Rights are not absolute, but protecting them is essential for a democratic society.