RIGHTS

1 mark

How is a Constitution of a country important in relation to the

notion of rights?

Provisions on rights are enshrined in all democratic constitutions.

Constitutions represent the highest law of the land and so

constitutional recognition of certain rights gives them legal status.

Violation of these rights is a punishable offence.

Apart from political and civil rights, there is a list of rights that

has been incorporated in modern democracies. Can you name

some of them?

People today make new demands for the following rights:

 Right to information.

 Right to clean air.

 Right to safe drinking water.

What were the arguments of the political theorists in the 17th and

18th centuries about the rights?

Political theorists of 17th and 18th centuries argued that rights are

given to us by nature or God. The rights of men were derived from

natural laws.

What were the natural rights of man identified by the political

theorists of the 17th and 18th centuries?

The political theorist identified the following three natural rights

of man:

 Right to life

 Right to liberty

 Right to property

What is the assumption behind human rights?

The assumption behind human rights is that all persons are

entitled to certain things simply because they are human beings.

Mention the rights that are described as universal in nature.

The following rights are described as universal in nature:

 Right to a livelihood

 Freedom of expression.

These rights are important for all human beings who live in the

society.
What do you mean by civil liberties?

Civil liberties are rights and freedoms that protect an individual

from the state. It refers to the right to a free and fair trial, the right

to express one’s views freely, the right to protest and express

dissent.

What do you mean by the term “common-good”?

The common good refers to social good or benefits equally shared

by all members of the society. For example, cutting down on

carbon emissions would contribute to the health of all.

Mention the two important rights that form the basis of a

democratic system.

Civil liberties and political rights form the basis of a democratic

system of government and protect the rights of individuals.

Give two examples regarding the cultural claims of citizens in a

democratic country.

 Right to have primary education in one’s mother tongue.

 Right to establish institutions for teaching one’s language

and culture.
List out the basic rights that must be given priority in a

democratic country.

The rights that must be given priority are:

 Right to life.

 Right to liberty.

 Right to equal treatment.

 Right to political participation.

Define notion of rights.

Rights are the claims that are regarded by human beings to be

necessary for leading a life of respect and dignity.

Name the recently introduced national scheme in India to ensure

the economic rights of citizens with low income.

National Rural Employment Guarantee Act (NREGA) introduced

in 2005 is the scheme introduced to provide employment to rural

population whose income is low.

“Rights are claimed in relation to our social and personal

relationships”. Give examples

Rights for children, unborn foetuses and even for animals are

claimed in relation to our social and personal relationships apart

from political and civil rights.

Mention Immanuel Kant's views on human dignity.

Immanuel Kant, German philosopher, was of the opinion that

every person has dignity and should be treated with respect. A

person may be uneducated, poor or powerless. He may even be

dishonest or immoral. Yet, he remains a human being and

deserves to be given some minimum dignity.

What are natural rights?

Natural rights are those that are believed to be inherent in every

individually virtue of him/her being human. These include rights

such as right to life, liberty, property and pursuit of happiness.

Natural rights are those human rights or entitlements which are

held to stem from natural law, whatever definition may be given

to the latter concept.

What does right to social security imply?

Right to social security implies that public assistance is provided

to the unemployed, disabled and senior citizens.

What assumption works behind the concept of human rights?

The assumption behind human rights is that all persons are

entitled to certain things simply because they are human beings.

Each person is unique and equally valuable. This means that all

persons are equal and no one is born to serve others.

In which year, United Nations Human Rights Declaration was

adopted?

The Universal Declaration of Human Rights was drafted by the

UN Commission on Human Rights in 1947 and 1948. The

Declaration was adopted by the United Nations General Assembly

on 10 December 1948.

Which Article was amended after the verdict of the Supreme

Court in the Champakam Dorairajan's case?

The verdict of the Supreme Court in the Champakam Dorairajan's

case resulted in the amendment to Article 15 of the Constitution.

Article 15 prohibits discrimination on grounds of race, religion,

caste, sex, etc.

When did the first conflict between Directive Principles and

Fundamental Rights came before judiciary?

The first conflict between Directive Principles and Fundamental

Rights came before judiciary in the case of State of Madras Vs

Champakam Dorairajan in 1951.

Which part of the Indian Constitution deals with the

Fundamental Rights?

Part III of the Indian Constitution deals with the Fundamental

Rights. These rights enable the citizens to lead a free and happy

life.

What is the significance of Fundamental Rights in the Indian

Constitution?

Fundamental rights are incorporated in the constitution because

they are considered essential for the development of human

personality and to preserve human dignity. They protect

individuals from arbitrary state actions these rights are made legal.

What does the term Bill of Rights mean?

The Bill of Rights is a list of the most important rights of the

citizens of a country. The purpose of these bills is to protect

individual rights against infringement by the government.

 2 marks

Mention the rights that the citizens get through the political

rights.

Citizens get the right to equality before law and the right to

participate in the political process through political rights. They

include such rights as the right to vote and elect representatives,

the right to contest elections and the right to form political parties

or join them.

“Rights are necessary for our well-being” Explain with an

example.

Rights are necessary for our well-being because they help

individuals to develop their talents and skills. For example, the

right to education helps to develop our capacity to reason and

gives us useful skills that enable us to make best choices in life.

Why “Right to education” should be recognised as a universal

right?

The right to education should be recognised as a universal right,

because it is necessary for our well-being and helps to develop our

talents, skills and capacity to reason, which enables us to make

informed choices in life.

Why is the term “human rights” being used more than the term

“natural rights” in recent years?

The term “human rights” is being used more than the term

“natural rights” because the idea of there being a natural law or a

set of norms given by nature or God has been disproved. Rights

are seen as guarantees that human beings themselves seek or

arrive at in order to lead a good life.

“Right to livelihood is more important than the political rights”

Explain.

Right to livelihood includes basic needs such as food, shelter,

clothing, and health. Our rights of political participation can only

be exercised meaningfully if our basic needs are met. A person

living on the pavements and struggling to arrange one meal a day

for his family will not think about voting or contesting elections.

For him, political rights by themselves will have little value.

“We must balance our rights when they come into conflict”

Explain.

Right to freedom of expression allows an individual to take

pictures. However, if he takes objectionable pictures of another

person without his consent and post them on the internet; it would
be a violation of another person's right to privacy. Rights should

be exercised in a way that they do not interfere with the rights of

others.

Define universal rights.

Universal rights are those rights, which are necessary conditions

expected and demanded by the people and societies at all times

universally. These are socio-economic and cultural rights which

are essential for decent life. Right of education, right of expression,

and right of livelihood are universal rights.

When was Article 49 A inserted in the Indian Constitution?

Article 49 A was inserted through the 42nd Amendment. Under

this article, the state would endeavour to protect and improve

environment and safeguard the forests and wildlife of the country.

Distinguish between rights and claims.

A right is a claim recognised by the society and enforced by the

state, while claim is a demand, which may not be accepted by the

society. Rights are those entitlements, which the citizens get from

their state, for the development and progress of all, while claims

aim at only personal welfare.

Distinguish between constitutional right and natural right.

Constitutional rights are those facilities, opportunities and

liberties, which have been recognised and enforced by the states,

e.g., Right to vote, contest elections and right to equality are the

constitutional rights.

Natural Rights are those, which have been given to the

individuals by nature or God, which includes Right to life, liberty

and property.

Mention any two political rights of the Indian Constitution.

The political rights of the Indian Constitution include:

 Right to vote empowers the citizens to take part in the

formation of government through Universal Adult Franchise.

Criminals, bankrupts, aliens are denied of this right.

 Right to contest elections: This right is given equally to all

citizens of the state. Every voter is normally given the right to be

elected to the local, state or central legislature.

Give the views of political theorists of seventeenth and

eighteenth centuries regarding rights.

In the seventeenth and eighteenth centuries, political theorists

argued that rights are given to us by nature or God. The rights of

men were derived from natural law. This meant that rights were

not conferred by a ruler or a society; rather we are born with them.

As such these rights are inalienable and no one can take these

away from us.

How does climate change affect human rights?

Human rights capture a range of concerns that are relevant to

climate change, including "basic needs"". Climate change threatens

enjoyment of human rights such as the right to safe and adequate

water and food, the right to health and adequate housing.

The Fundamental duties were added to the Indian Constitution

by which amendment?

Fundamental Duties of Indian citizens were added to the

Constitution of India by the 42nd amendment Act of 1976.These

duties are enlisted in the Article 51A of the constitution.

State the importance of Fundamental Duties of the

Indian constitution.

Fundamental duties are those duties, which are essential for every

citizen to protect sovereignty, integrity, unity and well being of the

nation and to safeguard his rights. Though these duties are non-

justiciable yet, the Supreme Court has taken them into account in
certain cases like protection of environment from pollution caused

due to human activities.

"Rights are perfect and imperfect" Explain.

When the things which we have a right to possess or the actions

we have a right to do, are or may be fixed and determinate, the

right is a perfect one; but when the thing or the actions are vague

and indeterminate, the right is an imperfect one.

 4 marks

Give any four criticisms of natural theory of rights.

Natural rights theory is criticized on the following grounds:

 Many thinkers have felt difficult to define the term ‘natural

right’. The term nature and natural are indefinite and are used

rather loosely.

 It was argued that rights are there due to social recognition

for the same. So there cannot be any inherent rights.

 The natural theory assumed one can have rights and

obligations independent of society but many thinkers have argued

the question of rights emerges only in the society and in the

context of social relationships.

 The so-called natural rights conflict with one another

resulting in endless difficulties. In no rational system can there be

a place for absolute liberty or equality.

Briefly explain the social welfare theory of rights.

The Social Welfare Theory of Rights was a combination of the

various theories of rights based on natural, legal, ideal or historical

rights. This theory was developed by the positive liberals and to

support their prescription of a welfare state. From the point of

view of this theory, rights are conditions of social welfare. The

state must guarantee some rights like the right to work, right to a

minimum or adequate wage, right to reasonable hours of work,

education and the right to participate in industry.

Write a short note on natural rights.

In the seventeenth and eighteenth centuries, theorists were of the

opinion that we are born with the certain natural rights and no

authority is entitled to take them away, since they are given by

god or nature. To them, Right to life, liberty and property were the

basic rights, which were essential for the survival and growth of

an individual and society as a whole. All other rights were said to

be derived from these natural rights.

Write a note on the divine right of kings. What are its salient

features?

The idea of the Divine Right of Kings evolved in Europe during

the Middle Ages. The theory claimed that kings were answerable

only to God and it was therefore sinful for their subjects to disobey

them. According to this doctrine, since only God can judge an

unjust king, the king can do no wrong. The king owes obedience to

God alone, and is therefore not accountable to the subjects.

According to this theory monarchy is divinely ordained.

Why rights are necessary?

Rights are those socio, economic, cultural, political and

environmental conditions, which are expected from families,

societies, institutions and state and are necessary for our

development. They can be seen as a source of self- respect and

dignity, for e.g., proper employment provides economic

independence and thus is central to human dignity.

Rights are necessary for the well- being, development of talents

and skills, e.g., Right to education helps to develop our capacity to

reason. It is in this sense that education is designated as a

universal right. However, if an activity is injurious to health and

well being, it cannot be claimed as a right.

What are Fundamental Rights?

Fundamental rights are those rights, which are granted to the

citizens by the constitution and are fundamental in governance.

They play an important role in the development and progress of

the citizens. All democratic states provide these rights to their

citizens. These are justiciable, which means that if they are violated

then one can move to the courts. The state cannot make any law

which abridges or takes away the fundamental rights guaranteed

to the citizens. These rights, however, can be amended by the

process of Constitutional amendment.

Explain with an example that claimed right is directed towards

State.

In most cases the claimed rights are directed towards the state.

That is, through these rights people make demands upon the state.

For example: When I assert my right to education, I call upon the

state to make provisions for my basic education. The State must

initiate necessary steps to ensure that my right to education is

fulfilled. Hence rights place necessary obligations upon the State

to act in a certain kind of a way.

State the difference between the democracy and dictatorship,

with special reference to political rights.

Political rights are those rights which are provided to all the

citizens in a democracy, whereby they can participate in the

decision- making of the government. These rights differ from

country to country. They include right to vote, contest, for man

association and political parties. In a dictatorship, choice is not

being given to the people and decisions are imposed on them.

People are denied of all the rights, including political rights.

Subsequently, they cannot participate in the decision-making of

the government.

What are positive and negative rights?

A positive right imposes a moral obligation on a person to do

something for someone, while a negative right merely obliges

others to refrain from interfering with someone's attempt to do

something. Rights considered as natural may include civil and

political rights such as freedom of speech and expression, private

property, freedom from violent crime. Rights considered as

positive are civil and political rights such as police protection for a

person or property, economic, social and cultural rights such as

public education and health care.

Analyse how the Directive Principles of State Policy of

Universalisation of education have been implemented?

According to National Policy on Education, 1986, the government

has launched National Literacy Mission and ‘Operation

Blackboard’ for extending the mass literacy at primary stage.

Many adult literacy centres are opened to educate the adults.

Many distance education programmes through correspondence

courses and open learning have been started in different states.

Several open universities have been set up to attain the goal of

universalisation of education.

The Directive Principles providing free and compulsory education

for children upto the age of 14 years has been included through

the 86th Amendment Act, 2002 in the list of Fundamental Rights

under Article 21A. Through these efforts The Indian Government

is trying to universalize the education in its country.

 6 marks

What are the two major arguments upon which Immanuel Kant’s

moral conceptions of rights rest?

 According to Immanuel Kant, treating people with dignity is

to treat them morally.

 This idea became the guiding principle for those struggling

against social hierarchies and for human rights.

 He opined that every person has dignity and ought to be so

treated by virtue of being a human being.

 His views represent the moral conception of rights based on

two arguments.

a) First, we must treat others as we would like to be treated

ourselves.

b) Second, we should make sure that we don’t treat the other

person as a means to our ends. We should not treat people as we

treat a pen, a car or a horse.

 We should respect people not because they are useful to us,

but because they are human beings.

Critically examine the legal theory of rights.

The theory of Legal Rights was propounded by philosophers like

David Hume and Jeremy Bentham, who argued that rights of man
are derived from law. The state draws up and lays down a bill of

rights so the rights are not prior to the state but derived from the

state itself. It is the legal framework of the state that guarantees

rights. It is again the state which changes the content of rights

whenever it wants. What the law gives me is my right and what

the law does not give me is not my right. This theory is opposed to

the theory of natural rights. However, this theory is criticized on

the following grounds:

 State does not create rights. It exists in order to maintain the

rights.

 To say that the State is the sole creator of rights is to make it

absolute. Customs, traditions, history and morality are certain

factors that impose the limitations on the State to regulate laws.

Therefore, to argue that all rights are derived from law is unsound.

Explain the utility of rights, with special reference to the right to

equality in the Indian Constitution.

Rights are necessary conditions for the development of citizens.

They are granted by the state. Embedded in the concept of right is

the acceptance of ideas of individuality, liberty and human

equality.
The ‘Fundamental Rights’ are incorporated in the part III of the

Indian Constitution. Right to equality is one of the six fundamental

rights that have been granted to the Indians. Article 14 to 18 deals

with it. Every person within the territory of India has the right to

equality before law. The state shall not discriminate any citizen on

the ground of caste, religion, race, sex, and place of birth or any of

them. Equal opportunities are provided to all the citizens in

matters relating to employment or appointment to any office

under the state. The state shall not confer any title to anyone

except military and educational degrees. Citizens are not allowed

to receive any title from any foreign country without the consent

of the President of India.

Explain the Locke's Theory of Natural Rights.

Locke argued man possesses certain rights naturally. Locke

identified three rights of man - Right to Life, Right to Liberty and

Right to Estate (Property).

 By right to life he argued those rights that are needed to

'make use of those things that were necessary or useful to his being

or serviceable for his subsistence' and provided the 'means of his

preservation'.

 In his argument for a natural right to liberty he laid down his

philosophy that every individual need freedom from the arbitrary

will of anybody else to do anything that was not permitted by the

law of nature. The only limitation to the right to liberty is the laws

of nature, which teach that 'no one ought to harm another person'.

 The third right that Locke regarded as a natural right is the

right to property which always existed and is a natural right,

which is prior to civil society and the government. It is not

dependent on their consent or the consent of others.

Give a brief classification of rights in political theory.

A modern democracy guarantees following rights to citizens:

 Political /civil rights - Political rights of citizens include the

right to equality before law and the right to participate in the

political process. They include such rights as the right to vote and

elect representatives, the right to contest elections; the right to

form political parties or join them. Political rights are

supplemented by civil liberties. The latter refers to the right to a

free and fair trial, the right to express one’s views freely, the right

to protest and express dissent. Collectively, civil liberties and

political rights form the basis of a democratic government.

 Economic Rights - Economic rights include the right to

work, the right to the free choice of employment and to just and

favourable conditions of work; the right to form and join trade

unions: the right to strike; the right to social security; and the right

to own property.

 Cultural Rights - The right to have primary education in

one’s mother tongue, the right to establish institutions for teaching

one’s language and culture, are today recognised as being

necessary for leading a good life.

Discuss the relationship between rights and duties.

Rights and duties are mutually complementary and inseparable.

The concept of a right without a duty is meaningless. Each and

every individual has his rights as a citizen. These rights include

freedom of thought and speech, freedom of movement, freedom to

pursue a profession of one's choice, etc.

But these rights are controlled by the law for the larger interests of

the society. In other words, when an individual exercise his

freedom as a right, he has a duty to follow carefully the laws of his

land. If one has the right to pursue a profession of one’s choice

then that doesn’t mean that the person can carry on smuggling or

drug-trafficking which are banned by law. Let’s take another

example, if the person has freedom of movement, this does not

mean that he/she has the right to drive a car without a driving
licence or the right to violate the rules of the road. Thus there is an

intimate connection between one's rights and duties.