Rights

                                Rights

Meaning of Rights-

State is known by the rights that it maintains ,says professor Laski. The State ought to guarantee to individual the enjoyment of a certain number of basic human rights which are essential for good life. Thus, the rights anyone may claim are partly those which are essential to every man in order to be a national human person, and partly those which are necessary for the fulfilment of the functions that society expects from him. They are conditioned by and correlative to his social responsibility ".

Some important definitions are given below-

1-"Rights are those conditions of social life without which no man can seek to be himself at his best".-Laski

2-According to Sri Niwas Shastri,"In its essence a right is an arrangement,rules, or practice sanctioned by the law of the community and conducive to the highest moral good of the citizens".

3-"Rights are one man's capacity of influencing the acts of another by means of the opinion and force of the citizens ".-Holland

4-"Rights are a reasonable claim to freedom in the exercise of certain activities ".-Wilde

Classification of Rights

1-Natural Rights
2-Moral Rights
3-Legal Rights
a-Fundamental Rights
b-Political Rights
c-Social Rights

1-Natural Rights-By natural rights we mean those rights which were enjoyed by the people even before the origins of the State. John Locke was of the opinion that in the State of nature people enjoyed the right to life, the right to property and the rights given to man by god. In modern times, political thinkers do not support this view. They are of the opinion that people did not enjoy any such natural rights before the origin of society or the State.

2-Moral Rights-These rights depend on the ethical feelings of men and they are not guaranteed by any legal authority. For example, parents have the right that they should be assisted by their old age. And if their children do not serve them or assist them in their old age, they cannot seek the help of any command of law.

3-Legal Rights-The rights which are granted to man by law and are protected by law are known as legal rights. For example, in our country every individual enjoys the rights to life and property. And if   a strong person attempts to usurp these rights by the use of force,he is liable to be legal authority.

a-Fundamental Rights-People are ensured fundamental rights in India,Japan,U.S.A, U.S.S.R,France, Switzerland and many other countries. By fundamental rights, we mean those rights which form the essential conditions of good life and which constitutes the enssentials of human progress. In the absence of these rights the growth and development of human personalities is not possible. People of India enjoy the rights to equality,liberty,freedom of religion and the rights to education and culture. If the fundamentals rights are usurped by force by any other citizens on the Government, then the person concerned can go to the court of law and seek help.

b-Political Rights-Political Rights are those rights which enable the individual in the capacity of a citizen in the political life and affairs of the country. In their public capacity people enjoy certain political rights in India,U.S.S.R,U.S.A, West Germany, Japan, Italy, Belgium,France,Netherlands,Canada and many other democratic countries of the world. These rights are-

1-Right to vote
2-Right to contest elections
3-Right to public office
4-Right to petition
5-Right to criticise the government

c-Social Rights (Civil Rights)-Social rights are ensured to the progress of mankind and the welfare of society. These rights include:

a-right to life and security
b-right to family
c-right to property
d-right to work
e-right to work
f-right to contract
e-right to speech
f-right to religion
g-right to liberty and free movement
i-right to association
j-right to equality
k-right to education,etc.