Dr.S.Saravanakumar
Assistant Professor in Political Science
Gobi Arts & Science College
Gobichettipalayam
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Rights and duties are two phases of the same thing. Rights are considered to be
essential for the expansion of human personality. They offer to the individual a
sufficient scope for free action and thus prepare ground for self-development.
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Although rights arc of great significance in a democratic stale yet they become
meaningless in the absence of duties. Rights involve obligations as well.
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An individual has rights so that he may make his contribution to the social good.
One has no right to act unsociably, man's rights imply his claims on society and
duties indicate the claim of society on the individual. This means that an
individual owes to the society certain duties as he obtains rights
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1. My Right implies Your Duty
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Every right of an individual involves a corresponding duty of others. For
example, my right to life implies that others should give protection and security
to my life.
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My right to move about freely implies a corresponding duty resting on others
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that they should not interfere with my free movement.
2. My Rights imply My Duty to admit a similar Right of others:
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The conditions of life which I need for myself arc also needed by others. This
indicates that every right is a duty in itself. If an individual exercises a right, he
must bear in mind that the same right belongs to others as well.
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If I have the right to freedom of speech, it is my duty to see that I may not be a
hindrance in the free exercise of this right by others
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A person He guarantees the rights to the majority in the society
to remove the should not abuse the right given to him by the
State.
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For example, if he uses the right to freedom of speech for
spreading communal bitterness or society cannot deprive man
of these rights; these are inherent and to preach violence and
anarchy, it becomes an act counter to the social alienable rights,
good. The state will then be justified in depriving the person of
his right if he has abused it.
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The state is the agency for social good and it is
the duty of an individual to perform ones duties
honestly.
The above-mentioned relations between rights
and duties, there for clearly prove that rights and
duties go hand in hand. A healthy civic li] is
impossible without the co-existence of rights
and duties. Rights without duties have no
meaning and duties without rights have no
sense.
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Right in one person presupposes a duty in another. The concept of a right
without a duty is meaningless. Likewise he also distinguished between
rights and privileges. A privilege is available on sufferance. It is a discretion
vested in the person granting it. A right is an entitlement. On this analysis
what are commonly called rights to employment,
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welfare, etc, are not rights. A right to employment is meaningless because
there is no person who is under a duty to employ. Welfare is not a right. It is
a privilege which is given to certain persons.
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Human rights are fundamental to the stability and development of countries
all around the world. Great emphasis has been placed on international
conventions and their implementation in order to ensure adherence to a
universal standard of acceptability.
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With the advent of globalization and the introduction of new technology,
these principles gain importance not only in protecting human beings from
the ill-effects of change but also in ensuring that all are allowed a share of
the benefits.
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However the efficacy of the mechanisms in place today has been
questioned in the light of blatant human rights violations and disregard for
basic human dignity in nearly all countries in one or more forms.
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“A human right is a universal moral right, something which all men,
everywhere, at all times ought to have, something of which no one may be
deprived without a grave affront to justice, something which is owing to
every human simply because he is human
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An alternative explanation was provided by the philosopher Kant. He said
that human beings have an intrinsic value absent in inanimate objects. To
violate a human right would therefore be a failure to recognize the worth of
human life.
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Human rights have been divided into three categories:
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First generation rights which include civil and political rights.
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Second generation rights such as economic, social and cultural rights.
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Third generation rights such as the right of self-determination and the right to
participate in the benefits from mankind’s common heritage.
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Origin of Human Rights
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The concept of human rights can be found as far back in time as the age of the
Greek philosophers Socrates, Plato and Aristotle. Their writings on the idea of
natural law contain many of the same principles that are associated with human
rights.
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The Magna Carta (1215) is considered a milestone in the history of human
rights and several great thinkers such as Grotius, Hobbes, Locke,
Rousseau and Kant talk about the concept.
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Some religious texts also are said to reflect the principles of human rights.
The Rig Veda promotes conduct that is based on equality. Even certain
Bible passages have similar content. For instance, in the Old Testament,
when the midwives of Pharoah disobey his order to kill all male babies, they
do so on the basis of higher and more fundamental laws that they felt
bound to follow.
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The American and French declarations of independence in the 18th century
were important in promoting human rights that were universal, individual
and rational. In the 19th century, the abolition of slavery and increased
debate over freedom from government intervention also furthered these
principles.
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With the dwindling of colonialism development in the third world received
more focus and adult suffrage, liberty, equality and justice came to be
emphasized.
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Economic, Social and Cultural Rights
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These second generation rights prevent the oppression and further the
interests of economically, socially and culturally disadvantaged groups.
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Women’s Rights
Women’s rights include affording them resources and opportunities
that they have previously been denied. One of the most important rights
in this area is the right against sexual harassment which has been
given greater importance due to the soaring rates of crimes against
women.
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Child Rights
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These include the right to education and freedom from child labour among
others. Several of these rights are laid down in the UN Declaration of the
Rights of the Child which aim to provide a child an environment in which
he/she can develop properly.
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Environmental Rights
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Environmental rights have to do with slowing down the depletion of
natural resources that cannot be renewed. Sustainable development is
one of the main issues and has been debated at the World Summits.
Nuclear proliferation is also addressed
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Article 12 to 35 of the Indian Constitution covers the Fundamental
Rights of the citizen of the country. All these Fundamental Rights
indicate that all the citizens are equally treated by the nation
irrespective of caste, sex and creed. The basic Fundamental Rights
enumerated in Part III of the Indian Constitution are categorized under
7 sections apart from the general segment. The sections are as follows:
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Article 14: The provisions regarding Equality before Law are
included in this Article
Article 15: Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth is specified in this Article
Article 16: This Article consists of Rights of Equality of opportunity in
matters of public employment
Article 17: Abolition of untouchability is mentioned in this particular
Article
Article 18: This Article provides details about Abolition of titles
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Right to Freedom:
Article 19: Protection of certain rights regarding freedom of speech, etc.
are clearly specified in the Article
Article 20: This Article states the Protection in respect of conviction for
offenses
Article 21: Protection of life and personal liberty is mentioned in the
Article
Article 22: This Article deals with Protection against arrest and
detention in certain cases
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Article 23: The details of Prohibition of traffic in human beings and
forced labor are presented in this Article
Article 24: The Article contains Prohibition of employment of children in
factories, etc.
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Right to Freedom of Religion:
Article 25: Particulars of Freedom of conscience and free
profession, practice and propagation of religion are clearly
enumerated in this Article
Article 26: The Article specifies the Freedom to manage religious
affairs
Article 27: Freedom as to payment of taxes for promotion of any
particular religion is stated in the Article
Article 28: This Article includes Freedom as to attendance at
religious instruction or religious worship in certain education
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Article 29: Protection of interests of minorities is specified in
detailed form in this Article
Article 30: Right of minorities to establish and administer
educational institutions is scripted in this very
Article
Article 31: The Article dealing with Compulsory acquisition of
property has been repealed through the Constitution Act,
1978 under 44th Amendment
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I find that the following are the Fundamental Duties prescribed by the Constitution
of India under Part IV-A to its every citizen :
(a) To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem.
(b) To cherish and follow the noble ideals which inspired our national struggle for
freedom.
(c) To uphold and protect the sovereignty, unity and integrity of India.
(d) To defend the country and render national service when called upon to do so.
(e) To promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional diversities;
to renounce practices derogatory to the dignity of women.
(f) To value and preserve the rich heritage of our composite culture.
(g) To protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures.
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) To safeguard public property and to abjure violence.
(j) To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavor and achievement.
Let’s do all that we can for the nation. We are a part of a society and have an
obligation to behave responsibly in it and work towards its progress and welfare.
THANK
YOU