Human Rights mean “the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution and enforceable by Courts in India”.
Generally - It means rights are the expression of human liberties which can be realized in any organized society through the political processes.
Some Important Features or Characteristics or Nature of Rights;
Rights implies the following :- 1. Rights are Natural.
2. Rights are Universal.
3. Rights are linked with duties.
4. Rights are never absolute.
5. Rights are dynamic.
6. Rights are social in origin.
7. Rights enable human beings to live a human life.
8. Conceptually human rights means two things 1. Rights are Natural;
All human beings possess rights at the time of birth. Human beings enjoy rights simply because they are born human. Hence, human rights are also known as `fundamental rights‟, `Basic Rights‟,
`Natural Rights‟, Birth Rights also. Human Rights are natural, it means they are not created by man but created by God or Nature.
2. Rights are Universal :-
They belong to all human beings, irrespective of gender, race, religion, caste, nationality etc. Rights are equally possessed by all human beings. They are common to all without discrimination.
3. Rights are linked with duties :-
The enjoyment of rights involves fulfillment of certain obligations.
An individual must exercise his rights in such a way that he contributes to social welfare and common good. Man is a social animal. He lives in society. In order to live peacefully, happily and meaningfully in a society, he has to respect himself and others. The legal notion of rights correlates rights with duties. A citizen is expected to execute a number of positive legal duties towards the state. Since the state is the immediate source of rights, a citizen is
under obligation to perform some duties towards the state, e.g.
obey the laws, pay the taxes, maintain peace and security etc., 4. Rights are never absolute :-
Rights must be restricted in the rights of others. They should not be absolute in nature, because individuals enjoy rights only as member of a society. When all the members of the society demand personal freedom, it automatically calls for limiting the area of each individual freedom e.g. the Fundamental Rights in the Indian Constitution are limited to some extent. The State is empowered to impose reasonable restrictions on rights in the interest of security of the State, public order etc.
5. Rights are dynamic :-
Rights change with the social, political, economic and cultural developments within the state and in this sense, they are not static but ever changing and dynamic in nature.
6. Rights are social :-
The foremost objective of rights is to create the atmosphere of freedom necessary for the development and realistion of human personality. Therefore right is a claim of an individual for the fullest development of his personality. But all claims cannot have the status of rights. A claim may be made by an individual but it has to be aimed at common good and general welfare. A right is claimed by an individual only as a member of the society and not as an isolated individual. It has to receive recognition and support from the community. But social recognition of a claim in itself is not enough to make it a right. A claim to become a right also needs a legal recognition by the state. It means individual can enjoy rights only as member of society. There exists no right outside the society and the state. Rights arise only in society and can exist, enjoyed only within a society. An individual can enjoy rights not as an isolated human being but only as a members of society and state.
7. Rights enable human beings to live a human life:-
In the absence of rights, there would be no difference between man and beast. Rights are essential for all human beings. In the absence of rights, it will not be possible for a person to utilize his/
her talents to optimum level. Rights are necessary for alround development of human personality. Hence most of the democratic countries have realized the importance of rights and have incorporated some basic rights in their constitutions. Rights constitute the basic ground for freedom, equality and justice.
8. Conceptually human rights means two things:-
a. Human rights are those rights, which are due to a person because he is a human being. These are moral rights derived from humanness of every human being. They aim at ensuring human dignity.
b. Human rights are those rights that pertain to legal right. They are established as per the law making process of the society. In the modern world, the moral and he legal aspects of rights relating to life, liberty, equality and dignity of the individual represent the core of human rights.
Meaning of Rights
Definitions characteristics or features
1) Laski - 1) Natural – by birth, God gifted
2) Oxford Dictionary - 2) Universal – for all without discrimination 3) Human Rights Act - 3) linked with duties -
4) Generally - 4) Never absolute - limited
5) Dynamic – changes according to development 6) Social – as member of society
7) Essential for human beings
8) Human rights include moral and legal rights.
Check your progress:-
1) Give various definitions of Rights.
2) Explain the meaning of Rights.
3) Write on important characteristics of Rights.
Types of Rights:-
UN documents refer to two categories of human rights.
1. Civil and political rights.
2. Economic and cultural rights.
1. Civil Rights: The term civil rights are often used synonymously with the terms civil liberties. Civil rights prevail in a state when authority is legitimate and restraints are imposed in accordance with the law and the constitution. These are guaranteed to all citizens and aliens. These rights are necessary to uphold human dignity and the enjoyment of a decent civic life. They are known as civil, for they constitute the essential conditions of social life.
Civil rights include following rights-
a. Physical liberty e.g. Right to life, right to personal liberty.
b. Intellectual liberty eg. Right to freedom of thought and expression
c. Practical liberty eg. Right of freedom to decide for oneself, right to freedom of peaceful assembl and association, right to marry and form a family, right to education.
All over the world in a liberal democratic system emphasis has been given on the civil and political rights of the citizens. United Nations General Assembly has compiled the International Covenant on civil and political rights, which came into force in March 1976.
Most countries of the world have signed the covenant and agree to follow its provisions.
International Covenant on civil and political rights (ICCPR) serves reference of all the civil and political rights that citizens may claim.
These civil and political rights are as follows: -
1. Right to Life: -
Every human being enjoys tight to life, No individual may be arbitrarily deprived of his right to life. If a county practice the death penalty, it may do so only in case of the most serious crimes, and the death should be carried out in a humane manner in accordance with the law.
2. Right to Liberty: -
Every individual enjoys the right to liberty and security to his person. No one can be deprived of his liberty except when it is justified. Even then, if the detention must take place, it should be in accordance with the law. A detained individual has the right to know why he has been arrested. An individual who has been wrongly detained should be granted adequate compensation by the authorities.
3. Equality before the law and equal protection of law:-
All persons should be treated equally by the law without any discrimination. All are same before the law.
4. Right to a nationality and a name:-
Every child, irrespective of his race, colour, sex, language, religion, property, birth enjoys the right to protection as well as the right to be registered at birth, have a name and acquire a nationality.
5. Right to personal privacy :-
Every individual enjoys the right to keep private matters regarding his personal life including his family, home and correspondence.
6. Right against torture:
No individual may be subjected to torture or cruel inhuman treatment. No one can be subjected to medical or scientific experiment without his consent.
7. Right to freedom of thought, conscience and religion:-
Every individual enjoys the right to adopt a religion or belief of his choice and the freedom to worship, observe practice according to his beliefs in public as well as in private. However the state may impose reasonable restrictions on one‟s religious practices in the interest of public order, morality, health.
8. Right to freedom of opinion and expression –
Each individual enjoys the right to hold opinions without interference and to express them either orally in writing or in print, through art. However, state can impose reasonable restrictions in order to protect the reputation of others or public order.
2. Political Rights: Political rights and liberties are available only to citizens and not to aliens (people of foreign, nationality). It means these are guaranteed only to citizens of the state. This enables the citizens to participate in the functioning of the state. It enriches political life. In the absence of political freedom, democracy is imposible. The most important political rights are :-
a. Right to vote- Right to participate in the selection of the Government.
b. Right to contest election.
c. Right to hold a public office d. Right to criticize government e. Right to nationality.
f. Right to petition.
3. Economic rights: These rights are very significant. It makes an individual self - sufficient. Socio - economic rights have been emphasized in modern times because it is realized that political and civil rights are of no use if the individual does not posses even basic economic necessities: food, shelter etc, A hungry man would not think about which political party to vote to power if none of them can assure him meal a day. It is important to ensure the economic liberty of the individual is secured, before he may be expected to judiciously use his civil and political liberties, for instance a poor man sell his vote to a political party for money.
Many times it is observed that the problem of the poor and the socially backward are the same. Socially backward and economically backward sections of society often overlap. Problems such as poverty, disease, unemployment, illiteracy etc are not just economic ones but also social ones. Hence social and economic empowerment must go hand in hand if success is to be achieved;
state can progress only if the people develop.
Economic rights means the rights which makes an individual self-sufficient. It implies that all persons should have an equal opportunity to earn for himself sufficient wealth so as to ensure a decent standard of living.
Important economic rights:-
a. Right to work.
b. Right to property
c. Right to equal pay for equal work d. Right to education.
e. Right to form and join trade unions.
f. Right to stike.
a. The right to work:
It implies that work opportunities should be available for every individual. No individual should be discriminated against when he chooses to access his opportunity to work.
b. Right to education :
Every individual should enjoy the right to be educated. Such education would enable all persons to participate effectively in a free society. To this effect primary education should be free and compulsory for all. Technical and higher education should be accessible to all.
c. Just and favourable conditions of work:-
Employers should not take undue advantage of the plight of employees. Work conditions should be safe and pay should be fair.
The government should lay down a minimum wage that an employer can pay his employee, so that they are not made to work for pathetically meager amounts of money. Women and men should receive equally pay for equal work done. Working hours should be reasonable.
d. Right to stike.
Every employee should enjoy the right to form trade unions so that they may use numerical strength in order to negotiate welfare policies with his employers. Employees should also enjoy the right to strike work within reasonable limits, without causing undue inconvenience to the general public.
Above Economic rights have not yet gained the status of legally enforceable rights in many parts of the world. Right to work is the most important economic right which is guaranteed in most of the countries.
4. Cultural Rights:-
Cultural rights or cultural liberties are also important to the individual because they make his life more complete. Once the individual has been socially, economically and politically empowered, he seeks to fulfill, his cultural desires. Culture gives the individual a sense of identity./ Societies that do not enjoy cultural freedom are known to be restless and unfulfilled.
As such, the United Nations General Assembly has recognized the need for an International covenant that encourages countries to take action towards socio- economic and cultural empowerment of their citizens. The international covenant mentioned following cultural rights are as follows:-
1. Right of social security.
2. Right to a cultural life.
3. Right to protection of childhood 4. Right to motherhood
5. Right to benefits from science.
6. Right to intellectual property.
Right to social security :-
Every individual should enjoy the right to social security paid by the state eg. Financial benefits for the handicapped, medical and accident insurance etc.
Right to a cultural life :-
Every individual should be able to freely participate in the cultural life of his community and society
Right to protection of childhood:-
Children should be protected from social and economic explotitation. Child labour and child trafficking should be eradicated.
Right to motherhood:-
Working mothers should be granted maternity leave with adequate social security benefits. Every mother should enjoy the right to medical and social assistance before during and after childbirth.
Right to benefits from science:
Every individual should have access to the benefits that have been gained from scientific progress achieved by his state.
Right to intellectual property:-
Every individual should enjoy all the moral and material benefits that may result from any scientific, literary production which he has authored. This implies that no one can copy an original work without the permission of its creator. No one can claim the credit for work done by another.
Table Types of Rights
Civil Rights Political Economic Cultural
1) Meaning of civil Rights
2) Significance of civil Rights 1) Meaning 3) Types of civil Rights 2) Significance
3) Types 1) Meaning
2) Significance
3) Types of political Rights
1) Meaning of Economic Rights 2) Significance of economics Rights 3) Types
Physical liberty Intellectual liberty Practical liberty
Check your progress:-
1) Describe various types of Rights.
2) Write on civil Rights.
3) Discuss on Political Rights.
4) Write a note on Economic Rights.
5) Write on Cultural Rights.
Significance of Rights:
Civil, social, economic, cultural etc, all rights are extremely significant in individual‟s life. Hence, on December 10, 1948 the
General Assembly of the United Nations adopted and proclaimed the universal declaration of Human Rights. Following this historic act the Assembly called upon all member countries to publicize the text of the Declaration.
The declaration emphasizes equality among all human beings. The Declaration is not legally binding but it has great significance.it has influenced constitutions of many countries. It has guided the judicial process in many countries.
It is also addressed to all human beings underlines universal brotherhood of mn. All people in the world are expected to live with dignity, promoting world peace.
The makers of the Indian Constitution gave equal importance to the Civil and political rights on one hand and economic and social rights on the other. These rights are given in Part III of the Indian Constitution in the form of fundamental rights. It assures them equality and freedom. The economic and social rights are made basic principles guiding the government. The provisions regarding this are made in part IV of the constitution under Directive principles of state policy.
The significance of Rights are as follows:-
1. Social Significance ;
a. Social rights enable individuals to integrate with society b. They protect the individual from social evils such as the
caste system, gender inequality etc.
c. Social rights enable individuals to have equal access to all opportunities in society.
d. Thus social rights establish social justice.
2. Economic significance;
Economic rights enable all individuals to earn their own livelihood in a dignified way. The right to equal economic opportunities enable an individual to develop professional abilities to the maximum. Thus economic rights establish economic justice.
3. Political significance;
Political rights enable individuals to participate in the polity of their state. In a democratic form of government political rights are essential prerequisites. It creates a free political atmosphere in a country. Political rights enable political justice.
4. Civil significance ;
An individual can be happy and content only when he may choose his lifestyle and freely express his thoughts, ideas and opinions.
Civil rights enable individuals to freely develop and realize their
moral and intellectual potential. Thus civil rights enable the personal development and happiness of an individual.
Conclusion; Thus rights establish liberty, equality and justice and these three values are considered to be essential in order to enhance the quality of life.
Table on significance of Rights Table
Significance of Rights
10th December 1948 Indian constitution Significance Conclusion Universal declaration incorporated of Rights
of human Rights
Social Economic Political civil Safeguards for the Protection of Rights;
The success or failure of democracy depends largely on the extent to which rights are enjoyed by the citizens The emphasis is not on granting of rights but on actual enjoyments of rights. Rights are not meant to remain abstract entities but are meant to become actual conditions necessary for the development of human personality.
Therefore careful provisions have to be made for protection and realizations of rights.
If the rights are to be enjoyed in a meaningful way then it is necessary to protect them from the changing pattern of political controversies and to place them beyond the mere legislative majorities and executive fancies. They must be protected from and guaranteed against violation by both executives and legislative authorities as well as by individuals. The following effective measures can be taken for the protection of the rights;
1. Fundamental rights to be incorporated in the constitution;
A common device adopted by most of the democratic countries is to incorporate a list of the fundamental rights in their constitutions and guarantee them from violation by legislative and executive authorities.
2. Constitutional remedies:
The mere provision of fundamental rights in the constitution may not adequately guarantee their protection unless the constitution also provides for certain remedies if and when the fundamental rights are denied or violated. For instance Arts 32 to 35 of the Constitution of India guarantee the right to constitutional remedies to every citizen of India. If the fundamental rights of any citizen has
been violated, he can move the Supreme Court or High Court for the issues of writs such as (1) habeas corpus (2) Mandamus (3) prohibition (4) quo warranto (5) certiorari ; which ever may be appropriate for the enforcement of the fundamental rights.
3 Rule of law
Rule of law means equality before the law or the equal protection of the law. Rule of law ensures both personal liberty and equality before law which are the two major groups of civil and political liberties of the citizens in a democracy. It is guaranteed as the Fundamental Right to equality under Article 14 of the Constitution of India.
4. Fearless Judiciary;
Independent, fearless judiciary to interpret and apply those remedies, for the protection of the rights of the individual is necessary. The judges must discharge their duties without any fear or favour. Therefore, it is essential to make the judiciary independent of the legislature as well as the executive. Any political pressure or influence on the judiciary is bound to defeat the purpose of justice.
5. Free press
A free, fair, impartial, and honest press goes a long way in the protection of the rights of the people. The journalists can help the people by giving widespread publicity to the cases of violation of rights either by individuals or by the government and its agencies.
They can also give publicity to various voluntary groups and movements engaged in the work of protecting the basic rights of the weaker sections of the society. The press can create public awareness and mould opinion in defence of the rights.
6. Enlightened Public Opinion
A, Sound, healthy and enlightened public opinion puts the government on the right track or sometimes even removes the government if it rules arbitrarily and encroaches upon the rights of the people.
7. External vigilance and burning love for liberty
A state may have the best laws and the most effective legal remedies but unless the people exhibit their love for their rights, the protection of their rights cannot be guaranteed. If the people ignore their rights and do not demonstrate their vigilance, they are bound to lose their rights. The masses must always be on their guard and ready and prepared to fight for the protection of their righs.
8. Voluntary Organisations - NGOs
In the past few years several movements have been launched in India for the protection of rights. These organizations and