Rights

A right is an entitlement or a justified claim and denotes what we are entitled to as citizens, as individuals and as human beings. Not only in political and public lives are Rights claimed but also in relation to our social and personal relationships. Moreover, rights may be claimed not only for adult human beings but also for children, unborn foetuses, and even animals. Different people take the notion of rights in a variety of different ways.  

Ground for Claims of Rights 

Source of Self-respect and Dignity 

• Collectively seen as a source of self-respect and dignity because they lead to the fulfilment of basic needs gives us freedom to pursue our talents and interests or take the right to express ourselves freely
• For all human beings who live in society, Rights such as the right to freedom of expression or right to a livelihood would be important which are described as universal in nature

Necessary for well-being

• Development in talents and skills of individuals is assisted
• For example- Right to education helps to develop our capacity to reason, gives us useful skills and enables us to make informed choices in life. 
• An activity cannot be claimed as a right if it is injurious to our health. For example- prohibited drugs are injurious to one’s health so one cannot insist that he has a right to inhale or inject drugs or smoke tobacco.

Source of Rights

In the 17th – 18th centuries: 

• Rights were derived from natural law: Rights such as these are the ones which are granted to an individual by the virtue of their birth and are not conferred on them by any ruler or a society. Hence, they can not be taken away
• Rights were considered to be given to us by nature or God 
• These rights are inalienable
• The right to life, liberty and property are the three rights recognised as the birth rights
• The existence of Natural laws prohibit the arbitrary exercise of power by states and governments and also to protect individual freedom

In recent years:

• Article 14-32 of the Constitution of India provides a list of rights that are  classified as the fundamental rights which are available to every citizen of India 
• These fundamental rights can be classified into six broad categories
  • right to equality
  • right to freedom
  • right against exploitation
  • right to freedom of religion
  • cultural and educational rights, and 
  • right to constitutional remedies 
• Apart from these fundamental rights, the Constitution of India does provide several other rights which are termed as constitutional rights, such as right to vote etc
• Human Rights now mean more than just Natural Rights as a natural law or a set of rules laid down by nature or God have become largely unacceptable today
• People now look at rights as guarantees that they seek,  in order to lead a life with minimum liveable standards
• Assumption behind human rights: Since all persons are equal and no one is born inferior to another, all individuals are entitled to certain rights
• Equal opportunities to realise full potential: As each of us possesses an intrinsic value. Various  inequalities based on race, caste, religion and gender that exist today are being challenged because of the conception of a free and equal self
• Universal Human Rights: Various people across the world who have been subjugated, segregated and denied equal rights and opportunities, today challenge such laws on the basis of Universal Human Rights
• The Universal Declaration of Human Rights was adopted by the General Assembly of the United Nations and proclaimed on December 10, 1948

Expansion of Human Rights

As societies face new threats and challenges. For instance, various demands for the rights to clean the environment such as water, air and sustainable development have arisen due to the consciousness regarding the protection of our natural environment.

Legal Rights and the State

• Need of legal recognition of rights: The support of the government and the laws are contributing factors in the degree of success of appeals for the claims of Human Rights. Appeal to just the moral self is not always enough
• Many countries across the globe have included a Bill of Rights in their constitution.
• Fundamental Rights in India: Other laws and policies are supposed to respect the rights granted in the Constitution. Sometimes these may be supplemented by claims which gain importance because of the particular history and customs of a country. For example- India has an arrangement to boycott distance which causes to notice a conventional social practice in the country. Because of the significance of the lawful and established acknowledgment of our cases, a few scholars characterise freedoms as cases that are perceived by the state.
• Rights though get an uncommon status in the general public by legitimate support however they don’t shape the premise on which the rights are claimed
• Most rights claimed in most cases are against the state. For example- When one wants to assert his right to education, he calls upon the state to make provisions for his basic education 
• Constraints upon state actions: Individual life and liberty must not be violated during the exercise of the authority of the state, this is ensured by the rights

Conclusion

Rights are fundamental and indispensable security to any person that a state can guarantee. Rights not only place obligations upon the state to act in a certain way but they also place obligations upon each of us. They compel us to think not just of our own personal needs and interests but to defend some things as being good for all of us. We must also find a fine balance with rights when they come into conflict and must be vigilant about limitations which may be placed on their rights.