📘 PSIR – Political Theory | Page 6 Concept of Rights (From Natural Rights to Human Rights)
UPSC CSE Political Science & IR – Paper I Conceptual + Analytical + Mains-Oriented Notes | Shaktimatha Learning
1️⃣ What Are Rights?
Rights are justified claims recognized by society and protected by law.
They protect:
- Individual freedom
- Human dignity
- Political participation
- Social security
Without rights, democracy becomes meaningless.
2️⃣ Natural Rights Theory
John Locke:
- Life
- Liberty
- Property
Rights are natural and exist before the state. State exists to protect them.
Criticism:
- What makes rights “natural”?
- Property focus favors propertied class.
3️⃣ Legal / Positivist Theory
Rights exist only when recognized by law.
Jeremy Bentham called natural rights:
“Nonsense upon stilts.”
Thus, rights depend on state recognition.
Criticism: State can also deny rights.
4️⃣ Idealist Theory (T.H. Green)
Rights are conditions necessary for moral development.
State is not enemy of rights. It helps individuals realize potential.
Foundation for welfare state idea.
5️⃣ Marxist View of Rights
Rights in liberal society protect property and capitalism.
Formal equality hides economic inequality.
True freedom requires abolition of exploitation.
6️⃣ Liberal Democratic Rights
- Civil Rights (speech, religion)
- Political Rights (vote, contest)
- Social & Economic Rights (education, health)
Modern democracies combine liberty + welfare.
7️⃣ Human Rights (Contemporary Perspective)
After World War II, human rights became global norm.
Universal Declaration of Human Rights (1948)
- Universal
- Inherent
- Inalienable
Three Generations of Rights:
- First – Civil & Political
- Second – Socio-economic
- Third – Collective (environment, development)
8️⃣ Feminist Critique of Rights
Traditional rights focus on public sphere.
Feminists argue:
- Private sphere also political
- Domestic violence is rights issue
- Equality must consider gender reality
Thus, rights must be substantive, not merely formal.
9️⃣ Rights vs Duties Debate
Rights without duties create imbalance.
Indian Constitution includes:
- Fundamental Rights
- Fundamental Duties
Balanced citizenship requires both.
🔟 Comparative Table
| Theory | Basis | Focus |
|---|---|---|
| Natural | Nature | Pre-state rights |
| Legal | Law | State recognition |
| Idealist | Moral growth | Welfare role |
| Marxist | Class struggle | Economic equality |
| Human Rights | Universal dignity | Global protection |
📌 UPSC MAINS APPLICATION
Possible Questions:
- “Critically examine Natural Rights theory.”
- “Discuss evolution from natural rights to human rights.”
- “Are rights absolute?”
- “Evaluate Marxist critique of liberal rights.”
Answer Writing Tip:
- Define rights clearly
- Explain theories
- Give comparison
- Add Indian constitutional example
- Conclude with balance
Rights protect liberty, but justice sustains equality.
No comments:
Post a Comment