Rights

this explain concept of Right

1. Right By Mahesh Jaiwantrao Patil M.A. (Political Science), M.Phil , NET, SET, & Ph.D (Pursuing) Assistant Professor, Narayanrao Chavan Law College, Nanded, Maharashtra, India. Cell No ([phone]

2. Introduction Right: - In everyday life, we often talk of our rights. As members of a democratic country we may speak of such rights as the right to vote, the right to form political parties, the right to contest elections and so on. But apart from the generally accepted political and civil rights, people today are also making new demands for rights such as the right to information, right to clean air or the right to safe drinking water. The rights are essential for development of human personality and for human happiness. Rights are the necessary conditions for the personal , social, economic, political, mental and moral development of individuals. Rights are the social requirement of a social man for the development of his personality and society at large. Rights are the legal, social or ethical principles of freedom or entitlement, that is, rights are the fundamental. It is allowed of people.

3. Rights are the legal, social or ethical principles of freedom or entitlement, that is, rights are the fundamental normative rule about what is allowed of people or owed to people.

4. Definition Laski: defined rights as “ those conditions of social life without which he cannot seek, in general, to be himself at his best and every state is known by the right if maintains ". Dr. Beniprasad : - “ rights are nothing more an nothing less than those social condition which are necessary or favorable to the development of personality”. T.H.Green : -“right is a power claimed and recognized as contributory to common good”.

5. Meaning Rights are primarily those claims that I along with others regard to be necessary for leading a life of respect and dignity

6. CHARACTERISTICS OF RIGHTS Rights are those claims of the individual which are essential for his development and self-realization. Such claims are recognized by society. There can be no rights outside society. Rights must serve the higher interests of society. They have a moral basis. Rights are not absolute. Restrictions can be placed on rights in the interests and welfare of the society as a whole. Rights should be universal. They should be given to all members of the society. The state gives legal recognition to rights. The state is the coercive force which ensures the exercise of rights. Rights of the individual must correspond to the contribution which he makes to the society in his personal capacity. Just as a man who does not work, has no right to food; similarly he who does not perform functions to contribute to social good cannot demand any rights.

7. Rights must be related to the needs of the people. The needs of people change with time and circumstances. The content of rights must also change accordingly. The enjoyment of rights is conditional on the performance of duties and obligations. Rights and duties go together. According to Dr. Beni Prasad—"Rights and duties are interdependent.“

8. Nature In the light of the various definitions of rights by eminent scholars, it can be said that—a right is a claim of an individual, recognized by the society, and, guaranteed by the state. The first ingredient of the 'concept of right' is that it is a claim of the individual. But, not all claims can be regarded as rights. It is required that only such claims be considered which are ( i ) based on rational considerations. (ii) which are universally applicable. (iii) which promote common good of the society. Secondly, individual's claim which promotes the good of all, must be recognized by the society. For example, an individual's claim that nobody should deprive him of his possessions, when recognized by society, becomes the right to property. Lastly, the socially recognized claims are translated by the state into law. This is the third ingredient of 'right'. The state accords them legal recognition. Therefore, rights are ethical when they are claims of individuals. They are social when recognized by society and they are legal when they are translated into law by the state.

9. Classification /kinds/ types of rights Natural. Moral. Legal:- Civil, Political , Economical , Social, Cultural .

10. Civil Rights Right to life Right to persona liberty / freedom. Right to security. Right to privacy. Right to home Right to own property. Right to freedom from torture. Right to freedom from inhuman treatment.

11. Political Rights Right to thought Right to religion Right to freedom of movement. Right to participate in the Government. Right to vote. Right to be elected in election. Right to take part in the conduct of public office. Right to choose public representative. Right to equal consideration before the law. Right to peaceful assembly and association.

12. Economic, social & cultural Rights Right to adequate food , clothing & housing. right to adequate standard of living. Right to freedom from hunger. Right to work. Right to social security. Right to physical and mental health Right to education. Right to self determination or physical protection. Right to free from discrimination Right to free from slavery. Right to rest.

13. Natural Rights: Natural rights are these rights which are "natural" in the sense not artificial, not man-made, as rights deriving from human nature, or from the God. They are universal. They apply to all people, and do not derive from the laws of any specific society. They exist necessarily in every individual, and can't be taken away. They are sometimes called inalienable rights. Natural rights are those rights which belong to men by nature. They are regarded as self-evident truths. They are pre-civil, and according to some writers, even pre-social. The exponents of the social contract theory—Hobbes, Locke and Rousseau held that natural rights existed in the state of nature i.e. prior to the civil society. However, natural rights can be best explained in that they are natural because they are essential to every individual

14. Moral Rights: Moral rights are related to the individual sense of conviction. They depend on the ethical standards of the community, for example, a teacher has a moral claim to be treated with respect by his students. However, moral rights cannot be enforced by the state. They are sanctioned by the society and backed by public, opinion. Violation of moral right does not entail legal punishment. Moral rights are based on our morality., justice, or conscience and they are not guaranteed by any legal authority. Moral rights are largely based on religious belief and the moral conceptions of the people in any society. Therefore , they differ from society to society . They arise out of man's moral sense.

15. Legal Rights: Legal rights are those rights which are secured by the state and guaranteed through its laws. Legal rights may be defined as the claims recognized by the state. These rights are enforced by the state through its police and courts. Legal rights are embodied in the constitution. Legal rights are based on a society's customs, laws, statutes or actions by legislatures. An example of a legal right is the 'right to vote of citizens'. Citizenship, itself, is often considered as the basis for having legal rights, and has been defined as the "right to have rights". Legal rights are sometimes called civil rights or statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning. Legal rights are further divided into three categories, namely civil rights, political rights and economic rights

16. Civil rights: They are those rights without which no civilized life is possible. Civilized life is impossible under the fear of being hurt, attacked, killed or our property confiscated. Civil rights are considered to be primary and more vital than the other two. The important civil rights are protection of life and property, right to education, right to family, right to freedom of speech and expression , Right to life , Right to security, Right to privacy, Right to home , Right to own property, Right to freedom from torture, Right to freedom from inhuman treatment. They are absolutely necessary for the development of man in all his aspects. In most modern states, they are guaranteed by the Constitution. The state safeguards civil rights against encroachment by individuals or the government.

17. Political rights: They are those rights which enable the people to have a share in the administration of the country. By exercising the political rights the individual participates in the affairs relating to the administration of the country. The important political rights given to the citizens are right to vote, the right to stand as candidate for the elections, the right to hold government office and the right to criticize the government. Economic rights: Political and civil rights are meaningless unless some economic rights are guaranteed. Economic rights are the right to work, the right to adequate wages and right to reasonable hours of work. These economic conditions are very essential for the economic and political progress of man.