Man is social animal. He is born and develops in society. For the development of his personality, certain facilities are necessary which he gets from society and the state. These facilities are known as rights. In other words, rights are those conditions of social life which are necessary for the development of an individual. Democratic system is based on the freedom of the people to enjoy rights.
Characteristics
For a proper understanding of rights, it is necessary to know about their characteristics. These are as under:
Rights can be possible only in society: Rights can be possible only in society. Outside society, they neither have any importance nor any necessity. Only when a person lives with others in society, he feels the need to get certain things done by others. Rights cannot be enjoyed outside the society.
Right is a claim: Right is a claim of the individual towards society, which has been accepted by the society. These claims should be based on reason and good behaviour. Only that claim becomes right which is useful for both the individual and the society.
A claim which is harmful for the individual or society cannot be accepted as right. For example to steal or to commit murder cannot be accepted as claims since these are not reasonable and moral.
Rights are not absolute: Individual is given only those rights which are based on reason and good behaviour. Nobody can be given the right to commit theft, gambling or to murder others.
Rights are universal: Rights are given to all the persons living in society. If the enjoyment of certain rights is necessary for an individual, it is necessary for others too. There cannot be permanent peace in a state in which distinction is made among citizens on the basis of caste, religion or sex while granting them rights.
Rights are for social welfare: Citizens should enjoy their rights to promote social welfare. Since a citizen gets rights from the society, these should be used for the welfare of the society. Besides his own interest, any individual should keep in mind the interest of the society as well, while exercising these rights.
State protects rights: There is the force of state behind rights. It is the responsibility of the state to see that all must enjoy their rights equally. Those, who violate these rights, are punished by the state.
Rights and duties are co-related: Rights and duties go together. It is the duty of an individual to let others enjoy the same right which he wants for himself. In fact, rights and duties are the two sides of the same coin. Both are social in nature and both are conditions of good life. If every person puts more emphasize on his rights and does not perform his duties towards others, then no one in society will be able to enjoy his rights.
Rights are dynamic: The last characteristic of rights is that they are dynamic. They keep on changing with the change in political, social, economic and moral conditions of the society.
Natural Rights: Natural rights are those rights which an individual gets from nature. Some writers are of the view that before the origin of state, man enjoyed certain natural rights in the state of nature. According to Locke, three natural rights—right to life, property and freedom—were given to man by nature.
But this view is not accepted in modern times. How could a person enjoy rights before the origin of society and state. Rights are possible only in society. Society gives rights and protects them.
Moral Rights: Moral rights are those rights which are based on the morality of the individual. Although these rights have social sanction, they do not have the force of state laws behind them. People obey them due to fear of society, not due to fear of punishment by the state. The right of the presents to get obedience from their children, the right of teachers to get respect from students, the rights of children to get help from parents etc. are moral rights. If any person does not accept these rights, he can be ridiculed by the society but the state cannot punish him.
Legal Rights: Legal rights are those rights which are recognised by the state and are enforced by the state. If any person violates them, he can be punished by the state. For example, if a person deprives anyone of his property or attacks another person, he can be punished by the state.
Legal rights can be further divided into the following categories:
- Civil or Social Rights
- Political Rights
- Economic Rights
- Fundamental Rights
Civil or social rights
Civil or social rights are those rights that care necessary to make the life of the individual civilized. Without their enjoyment, an individual cannot develop his personality and cannot progress in society. These rights are enjoyed by all equally. Main social rights are as follows:
- Right to life
- Right to self-respect
- Right to justice
- Right to family life
- Right to freedom of religion
- Right to assemble and form
Associations
- Right to equality
- Right to freedom of speech and
Expression
- Right to freedom of movement and settlement
- Right to personal liberty
- Right to education
Political rights
Political rights are those rights which are given to citizens for being members of the state. These rights help the citizens in taking part in the administration of the country. It is to be noted that political rights are given only to the citizens of the state; they are not given to foreigners. Besides, certain political rights are given to citizens on completion of certain age. For example, in some countries, the right to vote is given at the age of 21 while in others at the age of 18 years. In modern times, citizens are generally given the following political rights:
- Right to vote
- Right to hold public office
- Right to form political party
- Right to criticize the Govt.
- Right of equality before law
- Right to petition
Economic rights
Economic rights are those rights which are necessary for the economic development of the individual. In Communist countries, these rights are given great importance. Main economic rights are us under:
- Right to economic security
- Right to wages
- Right to work
- Right a fix hours of work
- Right to leisure
Fundamental rights
Fundamental Rights are those rights which are included in the constitution of the country. These rights are considered necessary for the development of an individual. These rights have been guaranteed to all the citizens in all the countries like India, USA, China and Japan. The Constitution of India has given the following Fundamental Right’s to the citizens:
Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to freedom
- Right to equality
Importance of rights
Rights occupy an important place in man’s life. Importance of Rights can be discovered under the following heads:
Development of Individual’s personality: As sun, water, earth and air are indispensable for the growth of a plant, similarly rights are indispensable for the development of the personality of an individual.
Success of Democracy: Success of democracy depends on intelligent citizens. Rights enable citizens to take part in administration and this lead to the success of democracy.
Liberty and Equality: Liberty and Equality are the two pillars of democracy. They are necessary for its success. Enjoyment of rights by the individuals leads to them.
For Welfare State: Citizens are the backbone of a society. A state can get on the path of peace, progress and prosperity only when its citizens are vigilant about their rights and perform their duties properly. Judicious use of rights by the citizens strengthens the nation as a whole.
