NCERT Solutions - Rights

Q1: What are rights and why are they important? What are the bases on which claims to rights can be made?
Ans:
Rights are:

• An entitlement of an individual, as a citizen or as a human being, to act or to be treated in a particular way.
• Claims that society and its institutions must recognise as legitimate and uphold.
• Distinct from mere wants or wishes: Not everything one desires can properly be described or protected as a right.

Rights are important because:

• They enable people to lead a life of respect and dignity; for example, economic independence helps a person meet basic needs by using their talents and skills.
• They protect freedom of expression and creativity, allowing citizens to voice opinions, produce work and participate in public life.
• They make the state accountable by providing citizens with a way to judge government policies and to give feedback on failures and successes.
• They secure basic entitlements such as the right to livelihood and freedom of belief, which are essential across societies.
• They help individuals to develop their potential, skills and personality.

The claims to rights can be made if:

• The rights are necessary for earning a livelihood or for basic economic survival.
• The rights help to develop talent, skills and the ability to make informed choices.
• The rights are needed to live a respectful and dignified life.
• The rights are regarded as inalienable - for example, rights to life and liberty are often described as natural or fundamental rights.
• If an activity causes harm to health or well-being, it cannot normally be claimed as a right; for example, the use of prohibited drugs or practices injurious to health cannot be justified as a protected right.

Q2: On what grounds are some rights considered to be universal in nature? Identify three rights which you consider universal. Give reasons.
Ans:
Some rights are considered universal because they are essential to human dignity and survival regardless of a person's social position, place of birth or culture. The idea is that by virtue of being human, every person is entitled to certain minimum protections that make life meaningful and secure.
The three universal rights are as follows:

• Right to education: This is universal because education develops a person's capacity to reason, acquire skills and make informed choices. Education enables people to use other rights effectively and to participate fully in society.
• Right to livelihood: Economic security is essential for self-respect and dignity. A guarantee of means to earn a living prevents extreme poverty and allows individuals to be independent and exercise other freedoms.
• Freedom of expression: This right is important for all people because it allows free exchange of ideas, fosters creativity and enables individuals to criticise and improve public policies. It supports individual autonomy and collective progress.

Q3: Discuss briefly some of the new rights claims which are being put forward in our country today - for example the rights of tribal people to protect their habitat and way of life, or the rights of children against bonded labour.
Ans:

• There is an increasing claim that tribal peoples should have rights to protect their habitat, traditional way of life and access to natural resources. This claim aims to secure a respectful and secure life while preserving indigenous culture.
• Such claims arise from changing social awareness and from the need to correct historical disadvantages; they justify special legal and policy measures to protect indigenous ways of life.
• Tribal communities are often granted rights over land and forest resources that they have traditionally used, recognising customary rights and local control over natural resources.
• Special provisions in education, employment and health are also argued for, so tribal people can compete on more equal terms with the rest of society.
• The rights of children against bonded labour are emphasised to prevent exploitation and to ensure a safe childhood and development for every child.
• The right to education has been strengthened as a legal right in India, and this helps to prevent violations of children's entitlement to schooling.
• The right to information is another recent claim that empowers citizens to know about government procedures and services, increasing transparency and accountability.

Q4: Differentiate between political, economic and cultural rights. Give examples of each kind of right.
Ans:

• Political Rights: Rights that enable participation in public and political life and ensure equality before the law. Example: the right to vote and the right to contest elections.
• Economic Rights: Rights that secure basic material conditions for life and allow people to meet their needs. Example: the right to a minimum wage or the right to work and a livelihood.
• Cultural Rights: Rights that protect a community's or an individual's cultural identity, language and heritage. Example: the right to establish institutions for preserving one's language and cultural practices.
• These categories overlap: Political and economic rights often support cultural rights by ensuring equality and the resources needed to maintain cultural life.

Q5: Rights place some limits on the authority of the state. Explain with examples.
Ans:

• Rights limit state authority by setting obligations on the state and prohibitions on what it may do; they make the state accountable for its actions.
• Rights require the state to act in certain ways-for example, governments must adopt policies that provide basic needs such as food, shelter and security to vulnerable groups.
• Rights also indicate what the state must refrain from doing; for example, the state cannot pass laws that violate fundamental rights guaranteed by the constitution.
• As an example, freedom of expression is a basic right, so the state cannot arbitrarily prevent people from expressing their views within the limits of law.
• Similarly, the state cannot arrest or detain a person without proper legal grounds; arbitrary arrests would violate an individual's right to liberty and due process.