Rights – Meaning, Nature, and Framework

Rights are important conditions for a free and balanced life because many would be reduced to the state of the animal kingdom without rights. In the words of Harold Laski, “Rights are those conditions of social life without which no man can be his best self. The concept of rights originated in the period of the Renaissance and afterward to the period of Enlightenment and humanism was the essential feature of this period.

Certain terms are confused with rights like claims and powers but all these words have different meanings. Rights are a sort of claim but all claims cannot be termed as rights because if all claims are right then our society will be turned to Jungle Raj. State is the ultimate source of the rights because rights are those claims that are recognized by society, and approved and enforced by the state. The rights are aimed at the common good of society.

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Meaning of Rights

There are certain conditions for the development of individual personality; the state itself is put to the tests on these grounds and a state is judged by the development of its citizens; all these conditions are called rights. Thus, rights are those claims without which individuals cannot realize the purpose of their existence. The state needs to secure human happiness and that can only be succeeded only granting and recognizing the rights that are needed for the development of citizens.

Nature of Rights

As we discussed earlier rights are only those claims that are recognized by society and approved and enforced by the state. A selfish claim cannot be a right because the rights are aimed at the common good of society. Rights are not always the creation of law. A proper distinction should be made between the recognition of rights by a state and a society. The rights need to be approved by society as well.

According to the Natural Rights theory of Lock and Hobbes, men enjoyed the rights even before the civil society came into existence but this view of rights does not hold much validity. The natural rights are abstract and it is difficult to recognize them in practice. Rights are products of society and they have relevance and value only when they contribute to social good as well as personal good.

Framework of Rights

In modern society, many types of rights are necessary for existence and are essential for the development of personality. First of all, a citizen needs personal liberty as embodied in the notion of rule of law but don’t confuse liberty with absolute freedom. For example, Article 21 of the Indian Constitution provides for the protection of life and personal liberty. Indian Constitution also ensures that whenever a person is arrested, he should be informed of the grounds for his arrest as soon as possible.

The right to equality is another important right provided by the Indian Constitution which ensures equality of opportunity and equality before the law and equal protection of laws. This right also forbids the state from discriminating among citizens on grounds of race, sex, religion, caste, or place of birth. However, these rights do not prohibit the state from making special provisions for women, children, Scheduled castes, etc.

There are important rights like the right to education, the right to freedom, the right to religion, the right against human trafficking, the right against forced labor, etc. The right to move to courts for the enforcement of rights is also guaranteed by Article 32 of the Indian Constitution.

Thus, rights are very essential to live a life with dignity and a life with development.