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Class 11 Political Science chapter “Rights” explains about kind of rights; cultural, economic, and political rights; what are rights, why rights are essential, legal rights and the state, rights and responsibilities, fundamental nature of rights, etc.
Question 1:
What are rights and why are they important? What are the bases on which claims to rights can be made?
Answer:
Rights are those conditions and guarantees which the state should provide to every citizen in order that he may attain his best self in society. What is a Right ?
- According to Wilde, “A right is a reasonable claim to freedom in the exercise of certain activities.”
- According to Bosanquet, “A right is a claim
recognised by society and enforced by the state.”
Infact, rights are those conditions of social life without
which human personality cannot develop.
Importance of Rights. 1. Rights are necessary for the betterment of individuals.
2. Rights are the conditions that help in the development of one’s personality. - Rights motivate the individuals to develop their potential to the fullest extent.
- Rights give individual full opportunity for development and progress.
Basis of Rights. A right is a claim recognised by the society and enforced by the state. There are various basis on which claims to right can be made. Each individual possesses an intrinsic value. Hence, all individuals must have equal opportunities to be free and to realise full development.
Question 2:
On what grounds are some rights considered to be universal in nature? Identify three rights which you consider universal. Give reasons.
Answer:
Human Rights is the key concept of civilised society where all the human beings and the human group enjoy the right to full and dignified life. There are certain human rights which are considered Universal Human Rights. The United Nations Organization started its tireless effort to ensure human rights equal to all. With a lot of hard work, Commission of United Nations drafted a Universal Declaration of Human Rights. Important examples of Universal Human Rights are as follow :
- Right to Life
- Right to Liberty and Equality
- Right to Property
- Right to Freedom of Speech and Expression, etc.
Question 3:
Discuss briefly some of the new rights, claims which are being put forward in our country today, for example, the rights of tribal peoples to protect their habitat and way of life, or the rights of children against bounded labour.
Answer:
Part III of the Indian Constitution deals with Fundamental Rights of the Citizens. Articles 12 to 35 deal with the Fundamental Rights. All citizens are equally entitled to the Fundamental Rights. There can be no discrimination. Article 15 provides that the state shall not discriminate against any citizens on grounds only of religion, race, caste, sex, place of birth or any of them. However, nothing in this Article shall prevent the state from making any special provisions for women and children. The state can make special provisions for the welfare and advancement of any socially or educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes. According to Article 16, appointments shall be made on the basis of merit and not on extraneous considerations. But the state has, however, the authority to make reservation of posts in favour of any backward class of citizens which is not adequately represented in the public services. Article 17 abolishes untouchability and its practice in any form is forbidden. Article 23 provides that traffic in human beings and beggar and similar other forms of forced labour are prohibited. Article 24 prohibits the employment of children below the age of 14 in any factory, mine or other hazardous employment. Children are the future of the country and hence, they must be protected against any form of exploitation. The state shall direct its policy towards securing that the tender age of children is not abused and childhood and youth are protected against exploitation and material and moral abandonment. Article 29 provides that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. The tribal peoples have a right to protect their habitat and way of life.
Question 4:
Differentiate between political, economic and cultural rights. Give examples of each kind of right.
Answer:
Rights are mainly of three types: Natural Rights, Moral Rights and Legal Rights. Legal Rights can further be classified into Fundamental Rights, Civil Rights, Political Rights, Economic Rights and Cultural Rights.
- Political Rights. Political rights are those privileges recognised and guaranteed by the Law of the State, which enable the citizen to participate in the political affairs and governance of the country. According to Laski, “A democratic system is one in which the will of the average citizen has channels of direct access to the sources of authority. There is, therefore, a right to political power.” For example, in India, the right to vote, the right to stand for election, the right to occupy a public post and the right to criticise the government are political rights.
- Economic Rights. Economic rights are those which are essential for the economic development of an individual. In Communist countries, economic rights are the part of legal rights. For example, in U.S.S.R., the right to work, the right to wages, the right to social security, etc. are economic rights.
- Cultural Rights. Modern democratic state grants the Cultural and Educational rights to all its citizens. The individuals have the right of receiving education according to their will. The state should provide all facilities regarding education to its citizens. Indian Constitution provides that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
Question 5:
Rights place some limits on the authority of the state. Explain with examples.
Answer:
Rights are those conditions of social life
without which human personality cannot develop.
Rights put some limitations on the authority of the
state. Rights are enforced and protected by the state.
Rights place an obligation upon the state to act in
certain kinds or ways. It is mandatory for the
government to enforce fundamental rights. Rights are
intended to curb the arbitrariness of the government.
For example, the Constitution prohibits the state to
discriminate one citizen against the other on the ground
of caste, class, sex, creed, language, save by authority
of law. Appointment shall be made on the basis of merit.
Right to equality is a big limit on the authority of the
state. Right to liberty puts many limits on the authority
of the state. It is the responsibility of the state to protect
personal liberty of the individual. The state has no power
to deprive any person of his life or liberty in an arbitrary
manner.
The state shall not deny to any person equality before
the law or the equal protection of the law within the
territory of India. No person can be arrested in any
arbitrary manner nor can he be detained for an indefinite
period. Right against exploitation recognises the dignity
of the individual and protects him against any form of
exploitation either by the state or by privileged classes
in the society. Right to freedom of religion has been
guaranteed to all persons residing in India. Right to
freedom of religion has also limited the authority of the
state. The state has no religion of its own. The state
observes complete neutrality in religious matters. The
state shall not grant aid to educational institutions,
discriminate against any educational institutions on
the grounds of religion or minority. Right to education
also limits the authority of the state. The state should
provide all facilities regarding education to its citizens.
Right to freedom of thought and expression and other
rights also put the limitations on the authority of the
state.