Dr.S.SaravanakumarAssistant Professor in Political Science

Gobi Arts & Science CollegeGobichettipalayam

RIGHTS AND DUTIES AND ITS CORRELATION

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.

Although rights arc of great significance in a democratic stale yet they become

meaningless in the absence of duties. Rights involve obligations as well.

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

RIGHTS AND DUTIES AND ITS CORRELATION

• 1. My Right implies Your Duty

• 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.

• My right to move about freely implies a corresponding duty resting on others that

they should not interfere with my free movement. 2. My Rights imply My Duty to admit a similar Right of others:

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.

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

According to Prof. Laski there is a four-fold connection between rights and duties

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.

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.

3. I should exercise My Right to promote Social Good:

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.

 

4. Since the State guarantees and maintains My Rights, I have the Duty to support the State:

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,

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.

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.

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.

 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.

“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

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.

Definition and Meaning

Human rights have been divided into three categories:

 

First generation rights which include civil and political rights.

Second generation rights such as economic, social and cultural rights.

Third generation rights such as the right of self-determination and the right to

participate in the benefits from mankind’s common heritage.

Origin of Human Rights

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.

Classification Rights

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. 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.

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.

With the dwindling of colonialism development in the third world received

more focus and adult suffrage, liberty, equality and justice came to be

emphasized.

Economic, Social and Cultural Rights  

These second generation rights prevent the oppression and further the

interests of economically, socially and culturally disadvantaged groups.

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.

Specific Human Rights

Child Rights   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.

Environmental Rights

 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

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:

Fundamental Rights of the Indian Citizen

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

: Right to Equality

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

Right to Freedom

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.

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

institutions

Right against exploitation:

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

Cultural and Educational rights:

Duties of a Citizen

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.

following are the Fundamental Duties

THANK YOU