📘 Political Theory – Page 23 RIGHTS: Natural, Legal and Human Rights
Rights protect dignity. Duties sustain order.
1️⃣ What are Rights?
Rights are justified claims that individuals can demand from the state or society.
- They protect individual autonomy
- They limit state power
- They create moral and legal obligations
2️⃣ Natural Rights Theory
John Locke:
- Life
- Liberty
- Property
Rights exist before the state. State is created to protect rights.
If state violates rights → People can revolt.
3️⃣ Legal / Positivist Theory
Jeremy Bentham:
- Rights are creations of law
- No rights outside legal system
- Natural rights are "nonsense upon stilts"
Here, state grants rights.
4️⃣ Idealist Theory
T.H. Green:
- Rights enable moral development
- State creates conditions for self-realization
Rights are social recognitions for common good.
5️⃣ Marxist View
- Liberal rights protect property owners
- Rights mask class inequality
- True freedom requires economic equality
Formal rights ≠ Real equality
6️⃣ Types of Rights
- Civil Rights (speech, religion)
- Political Rights (vote, contest election)
- Economic Rights (work, livelihood)
- Social Rights (education, health)
- Cultural Rights (identity, language)
7️⃣ Human Rights
- Universal
- Inalienable
- Indivisible
Universal Declaration of Human Rights (1948)
8️⃣ Rights in Indian Constitution
- Article 14 – Equality
- Article 19 – Freedom
- Article 21 – Life & Personal Liberty
- Article 25–30 – Religious & Cultural Rights
- Article 32 – Constitutional Remedies
Dr. B.R. Ambedkar called Article 32 the “heart and soul” of Constitution.
9️⃣ Rights vs Duties
- Rights demand responsibility
- Fundamental Duties (Article 51A)
- Balance between liberty and social order
🔟 Contemporary Debates
- Right to Privacy
- Free speech vs hate speech
- Minority rights
- Digital rights
- Environmental rights
Rights without enforcement are mere promises. Rights without equality are incomplete.
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