Ques. 1 What is a right? What are various kinds of Rights? Ans. A right is a legal claim that a citizen or any other individual is granted by the Constitution or any statute. For example, right to life. It means the individual’s life can not be abridged or abolished by any one except in a manner that is prescribed in law If any one violates the right illegally, the individual can approach the court that investigates into the case and renders justice. Rights are the essence of democracy as they empower the individuals and enable to develop. Rights are generally associated with equality in contemporary times and establish a level playing field among the people-rich and poor; men and women; and various social groups. Thus, they are egalitarian in nature. They are a protection against the Government actions. Rights may be associated with obligations, there being very few absolute rights. For example, Right to Education that is made a Fundamental Right by the insertion of Art 21 A by the Constitution 86th Amendment Act 2002 in India may confer the obligations on some citizens of the country to pay taxes that contribute to the revenues necessary to implement the right. Fundamental Duties that were inserted into the Constitution by the Constitution (42nd) Amendment Act 1976 are the obligations that citizens are expected to discharge. Fundamental Duties in Art. 51 A require the citizens to contribute to national and social development. Various Kinds of Rights Natural Rights: These are universal rights which is inherent in every individual being a part of human nature. They are not conferred by law but only recognised and made enforceable by law. For example, right to life. Human Rights: Human rights are similar to natural rights in the sense that they are universal and are intrinsic in human nature. They are needed for dignified human life and are enjoyed irrespective of social, political and other considerations. They are contained in United Nations Universal Declaration of Human Rights 1948. Civil Rights: These are the rights that citizens of a country enjoy and are conferred by the Constitution or the law of the country. Civil rights may differ from one country to another while human rights are universally enjoyed by all. Constitutional Rights : They are rights enshrined in the Constitution. Some enjoy special status as Fundamental Rights and some others do not enjoy such status— for instance, outside part III of the Indian Constitution ( other than Fundamental Rights). Fundamental Rights: They are a branch of civil rights and are given higher importance in India as they are defended by the Supreme Court directly. Some Fundamental Rights are confined to citizens only while others are open to all. For example, Art. 15, 16, 19, 20 and 29 in the Chapter on Fundamental Rights in the Indian Constitution (Part III) are available to Indian citizens only. They are essential for human development, democracy and social progress.
Posted on: Sat, 03 Aug 2013 00:58:55 +0000
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