Long Questions with Answers - Rights

Q. 1. What are Rights? Distinguish between Rights and Claims.
Ans. A citizen seeks a good life not only for personal fulfilment but also as a member of the community. To live up to his ideals he needs certain conditions which he can justly demand; these demands become rights when society recognises them as legitimate claims that must be upheld. Rights are those conditions and guarantees which every individual is entitled to as citizens, as individuals and as human beings so that he may develop his best self within society. A right is essentially an entitlement or a justified claim. It is something that we consider to be due to us; something that the rest of society must recognise as being a legitimate claim that must be upheld.
Rights are primarily those claims that I along with others regard to be necessary for leading a life of respect and dignity. In fact, one of the grounds on which rights have been claimed is that they represent conditions that we collectively see as a source of self-respect and dignity. For example, the right to livelihood may be considered necessary for leading a life of dignity. Being gainfully employed gives a person economic independence and thus is central for his/her dignity. Having our basic needs met gives us freedom to pursue our talents and interests. Another ground on which rights have been claimed is that they are necessary for our well-being. They help individuals to develop their talents and skills. A right like the right to education, for instance, helps to develop our capacity to reason, gives us useful skills and enables us to make informed choices in life.
Difference between Right and Claim. A right is a justified claim recognised by society as necessary for dignity and well-being. A claim is what an individual regards as necessary or desirable, but not every claim amounts to a right. For instance, one may want to wear clothes of choice to school or stay out late at night, but this does not mean one has a right to do so. There is a distinction between what I want and think I am entitled to, and what can be designated as rights. Rights such as the right to livelihood or freedom of expression are important for all human beings and are described as universal. Claims that are injurious to health or others, like prohibited drugs or smoking, cannot be claimed as rights because they affect well-being and relations with others. Without collective recognition and uphold by society, claims remain mere demands.

Q. 2. Describe the characteristics of Rights.
Ans. Following are the essential features of rights:

1. Rights are available only in the Society: Rights are meaningful only within society. They represent conditions that we collectively regard as necessary for leading a life of respect and dignity.
2. Right is a claim of the individual: A right is a justified claim by an individual for entitlements that must be recognised as legitimate by the rest of society.
3. Right is recognised by Society: Only those claims that society accepts as necessary for self-respect, dignity and well-being become rights. Recognition by society and the state converts a mere claim into a right.
4. Right is reasonable and moral: Society recognises only those claims that contribute to individual welfare, development of talents and a life of dignity. Claims that are injurious to health or others cannot be accepted as rights.
5. Right can be used for public good: Rights must be exercised keeping in view the common good and not against the interests of society or others. They help individuals develop their talents while contributing to democratic government and collective well-being.
6. Rights are universal: Rights such as the right to livelihood, freedom of expression and right to education are normally given equally to all human beings who live in society and are described as universal in nature.
7. Rights and duties go together: Rights place obligations upon each of us to respect the rights of others, defend the common good and balance conflicting rights. Rights cannot be enjoyed without corresponding responsibilities.
8. Rights are enforced by the State: Rights are given legal and constitutional recognition by the state. The state must act to fulfil them and refrain from violating them, making rights enforceable through law.
9. Rights change with the time: Rights are not static; the list of human rights has steadily expanded over the years as societies face new threats and challenges. New claims such as the right to clean air, water, sustainable development, livelihood in times of crisis and rights of children or tribal peoples are being recognised.

Q. 3. Discuss the Civil rights enjoyed by a citizen in modern State.
Ans. Modern times are an age of democracy, and States grant various rights so that citizens may develop their personalities. Civil Rights. In modern democratic States citizens are generally granted civil liberties that supplement political rights. These civil rights form part of the basis of a democratic system of government and aim to protect the well-being of the individual.
The following civil rights are enjoyed by a citizen:

1. Right to a free and fair trial: Citizens have the right to a free and fair trial before being punished. The state cannot act arbitrarily against individuals.
2. Right to express one's views freely: Every citizen has the right to express beliefs and opinions freely. This right gives the opportunity to be creative and original and is important for democratic government.
3. Right to protest and express dissent: Citizens have the right to protest and express dissent, allowing free exchange of ideas and holding the government accountable.

Civil rights are supplemented by political rights such as the right to equality before law, the right to vote and elect representatives, the right to contest elections and the right to form or join political parties. Collectively, civil liberties and political rights ensure that the government remains accountable to the people and that all persons have an opportunity to influence decisions. These rights protect individual liberty and dignity while placing obligations on the state to act in certain ways and refrain from arbitrary actions.

Q. 4. What is the relationship between rights and duties?
Ans. Rights and duties are two sides of the same coin. Rights not only place obligations upon the state to act in a certain way but they also place obligations upon each of us. One person's right exists only because others have corresponding responsibilities to respect it. Rights have significance only within a world of duties.
Rights and duties are related in the following ways:

1. One's right is another's duty: If I claim the right to express my views, others have the duty to respect that right and not interfere.
2. One's right is one's duty also: I must grant the same right to others. If I do not want others to interfere in my choices, I must refrain from interfering in theirs. I cannot use the right to free speech to incite harm to my neighbour.
3. One's right is one's duty to use it in a right way: Rights must be exercised responsibly. For instance, my right to freedom of expression allows me to take pictures, but taking and posting pictures of a person without consent violates his right to privacy.
4. One's right is one's duty to use it for social good: Rights compel us to think of the common good. Protecting the ozone layer, minimising pollution, maintaining green cover and ecological balance are essential for all of us and for future generations.
5. Duties towards the State: Rights place obligations on citizens to be vigilant against misuse of state power, especially restrictions imposed in the name of national security. We must ensure that such restrictions do not become threats to liberty. Citizens must defend rights and balance them when they conflict, while respecting the well-being of society as a whole.

In conclusion, rights and duties go side by side; they are complementary and interdependent. Even though rights can never be absolute, we need to be vigilant in protecting our rights and those of others for they form the basis of a democratic society.

Q. 5. Explain the meaning and development of rights in modern welfare states.
Answer: From early times people have expected and claimed certain basic things needed for a decent and dignified life; these are known as rights. The content and extent of these rights have varied with resources and public awareness. In the seventeenth and eighteenth centuries, political theorists argued that rights are given to us by nature or God. These natural rights included the right to life, liberty and property and were inalienable. In recent years, the term human rights is being used more widely. Rights are increasingly seen as guarantees that human beings themselves seek in order to lead a minimally good life. The assumption behind human rights is that all persons are entitled to certain things simply because they are human beings. Each person possesses intrinsic value and dignity, as explained by Kant, and must have equal opportunities to realise full potential.
Modern states have increasingly adopted democratic institutions and extended more rights to citizens. Some rights have been accepted as fundamental because they are essential for human development and a dignified life. Political rights give citizens the right to equality before law and the right to participate in the political process. These are supplemented by civil liberties such as free trial, free expression and protest. Democratic societies are also recognising economic rights such as adequate wage, housing, medical facilities and employment guarantee schemes to meet basic needs. Today, in addition to political and economic rights, more and more democracies are recognising cultural claims such as the right to primary education in one's mother tongue and the right to establish institutions for teaching one's language and culture.
In the contemporary world not only basic conditions of life matter, but human dignity has acquired central importance. This has given rise to the broader concept of human rights. The list of human rights has expanded over the years as societies face new threats and challenges, generating demands for rights to clean air, water, sustainable development, livelihood and rights of children or tribal peoples. The Universal Declaration of Human Rights adopted on 10 December 1948 serves as a common standard of achievement for all peoples and all nations, promoting respect for these rights through education and progressive measures. Rights have steadily increased in democracies while placing obligations on the state and on citizens to protect dignity and the common good.