Right – meaning of right- Types or classification of rights 

Right

At the broadest level, rights are those ‘sets of opportunities’ that secure the prosperity of the human individual. These are the fundamental conditions of a good life which are recognized by the state.

Th According to Green, “It is the power of an individual to act in the pursuit of his objectives, which is ensured by the social community on the condition that he will also do good to the community by these actions.”
According to Salmond, “A legal right is an interest which is recognized and protected by the rule of law and which is a legal duty to respect.”

meaning of right

Rights have a very big place in the life of a person, because in the absence of rights the development of the personality of the person is not possible. Freedom is necessary for the full development of human beings and the importance of freedom is only when man can use it and the state and society recognize it. When freedom is recognized by the state, it becomes a right. But this does not mean that rights are originated by the state. They are born in the society, the state only recognizes them.

definition of right

According to Laski, “Rights are those conditions of human life, without which a person cannot develop himself to the fullest.

According to Barker, “Rights are the result of the general system of justice upon which the state and its laws are based.”

GD According to Ritchie, “moral rights are claims from one person to another that are recognized by society. When the state gives legal recognition to these claims, they become legal rights.”

According to Bosnack, “A right is a demand accepted by the society and implemented by the state.

According to Garner, “Rights are those forces which are necessary for the fulfillment of the functions of man as a moral being.”

According to Bild, “Right is the rational demand for freedom to do certain things.

On discussing the above definitions, a few things become clear. That all scholars believe that rights are basically helpful in the development of the personality of the individual. Rights are those claims of the individual which are accepted by the society and the nation. Right is a rational demand of the individual. Selfishness is not the basis of rights. Every right has a duty attached to it because what you want for yourself, others also have to give it to you. In this form, rights and duties are considered to be two sides of the same coin. Rights are protected by the state, the state itself creates the right conditions for the use of rights.

 

Types or classification of rights 

Types or classification of rights 
Types or classification of rights

Generally, rights are divided into two categories-

1. Moral Rights

These are the rights which are related to the moral development of man. It is necessary to keep human beings moral. It is not necessary that these rights should be protected by the state. They make the society better and better.

2. Legal Rights

These are the rights which the state legally obtains or makes available to individuals. In the words of Leacock, “These are received by one citizen against another.” The state makes arrangements for the enforcement of these rights by law, their violation is considered a punishable offense.

Legal rights can be divided into two categories-

(a) Civil Rights

(b) Political Rights

The details of these two rights are as follows-

(a) Civil Rights

 

Civil Rights
Civil Rights

Civil rights are those rights of the person which he gets from the society, these rights provide protection to the person against physical and mental pressures. Whether this pressure is of the state, of the society or of the individual. This right includes the freedom to act independently and freedom from interference. Civil rights are provided to all the persons living in the state, even if they are not citizens of the state. Their aim is to make possible the high social life of the individual, the following are the main civil rights-

1. Right to Life

Every human being has the right to life, this right is fundamental and fundamental because without it other rights are impossible. It means that a person can enjoy his life without any hindrance. It is the duty of the state to protect the life of the individual. How valuable is the right to life, it is because a person cannot end his own life, that is, he cannot commit suicide. Human life is a valuable treasure of society. Therefore, causing any kind of damage to him is a punishable offence.

2. Right to Equality

Equality does not mean equalization. Its meaning is that in every sphere of life the individual should be respected equally as an individual and he should be given equal opportunities to progress. Rich and poor Sabbal or Nirmal should all be given equal rights to progress and all should be equal before the law.

3. Right to Political Equality

This means that every citizen should get an opportunity to participate actively in the work related to governance according to their ability without any discrimination. Adult suffrage, the right to be elected and the right to hold public office, should be enjoyed by all equally. There should not be any kind of discrimination on the basis of religion, caste, color, link, varna.

4. Right to Economic Equality

It also means that every person in the society must have at least enough resources to meet the minimum requirements of food, shelter and clothes. Every person should get work according to his ability and everyone should get equal opportunities to make a living.

5. Right to Social Equality

Equality in the social sphere means that no one class in the society should enjoy any privileges. The place of a person in the society should not be determined on the basis of religion, caste and wealth etc., but he should be respected in the society as a human being.

6. Right to Freedom

According to Laski, it refers to that power by which individuals can choose the way of development of their life according to their will without any hindrance and bondage. According to the positive definition of freedom, it is considered as an opportunity for the development of the individual, citizens should get full opportunity to make their physical and moral progress. This opportunity can be found only when society does not allow undue interference by another person in one’s life by making some rules.

7. Right to personal liberty

Everyone has the right to personal liberty, no one can have the right to attack another person, to use another person for the fulfillment of his selfishness and to restrict the stay and movement of anyone. No person can be made a slave, nor can he be taken prisoner without proving the crime.

8. Right to Freedom of Speech and Expression

For the development of the personality of man, he should get the right to express his thoughts. He should be given the facility to express his views by speaking or writing. Right to freedom of thought s. Scholars like Mill and Lock, etc. considered the person indispensable for the advancement of the soul, but it is not an unlimited right, the government can ban it to prevent the misuse of this right.

9. Right to freedom of movement

The person should be given the facility of movement within his country as per his wish. This freedom is necessary for his mental, social and economic development.

10. Right to form organization

Communities and organizations are considered essential for the growth and development of life. Therefore it is generally accepted that citizens have the right to freely form such communities. The most important right under the right of organization is that of political organizations because the formation of political parties is necessary for the efficient operation of democracy. Along with the right to form organizations, the right of public meeting is also important, through such meetings, various political parties put their policies and ideologies in front of the public.

11. Right to Freedom of Education and Culture

Everyone should be given full access to education up to a minimum level. In this lies the benefit not only of the individual but of the whole society. Elementary education of children belonging to minority groups should be made available through their mother tongue. All sections of the society should have the right to establish schools as per their wish. Right to freedom of conscience or religion. The meaning of this right is that every citizen should have the freedom to adopt any religion according to his belief, preach worship, participate in religious rituals etc. The state should not interfere in the matter of religion.

12. Right to Property

It means that every person acquires property by lawful means and can use it according to his wish. Locke was of the view that every citizen should have an individual right to hard earned money. He should have the freedom to use the money he earns for the development of his personality as per his wish. If the state nationalizes any kind of personal property, then the owners of that property should get full compensation. Right to property is a controversial right nowadays.

13. Right to Family

The existence of mankind cannot be possible without the right of family. This right means that every person has the right to lead a family life freely. Everyone has the right to marry, form a family and raise children.

14. Right to Employment

The right to employment is linked with the right to life. Working for each person can get employment as per their wish. A person should have the right to get work and in return for this work, the person should get proper remuneration.

(b) Political Rights

 

Political Rights
Political Rights

 

Political authority refers to the way in which the power of the state should be used by the individual by the opportunity to participate in the governance of the state. Opportunities to make decisions in this regard are considered political rights of the individual. Political rights are available only to the residents of the country, these rights are either given by the constitution of the country or made by the government from time to time. By laws these rights are not given to foreigners, lunatic and bankrupt etc. The following are considered political rights-

1. Right to vote

The convenience of a citizen to participate in elections is regarded as the right to vote. This right is a product of democracy, by using this right the citizen chooses the representatives of the national, state and local level assemblies. This right is free from restrictions of religion, caste, sex, property, etc. and is available to every citizen on attaining the age of majority.

2. Right to be elected

In the modern state where another citizen has the right to choose the representative of his choice by the right to vote, on the other hand he also has the right to be himself elected for political or public office. Because public participation is necessary in a democratic system, until the citizens are not given the right to be elected, practical implementation of public participation in governance will not be possible. Therefore, the right to vote and the right to be elected are complementary to each other and are also an active factor in increasing public participation.

3. Right to hold public office

This right means that every citizen should have the opportunity to get a government post without any discrimination and on the basis of the prescribed qualifications. No citizen can be denied government jobs on the basis of discrimination of caste, religion, gender etc.

4. Right to Criticism

Reporting to the government and criticizing the government has also been included in the political right. Through this right, people can convey their demands and inconveniences to the government in a constructive manner. In modern democracy this right makes civil society active.

Different theories of rights

This theory has been propounded by various scholars in this regard that how did the above different types of rights come into existence? Following are the principles of rights and their brief explanation-

1. Theory of Natural Rights

This theory is very ancient. It has also been advocated by Hobbes, Locke and Rousseau. According to those who believe in this theory, rights are birthright or natural or have been going on before the birth of the state. These are not provided by the state. Ashirwad has written that in the same way it is a part of human nature as is the color of our skin. Some people also criticize it, saying that the term natural is uncertain and misleading. There can be no rights before the birth of the state. Their second precise meaning is natural rights.

2. Theory of Legal Rights

Some scholars consider rights to be a product of law. They believe that they are the result of the will or law of the state. They are of the opinion that in reality only those rights are real, behind which there is no legal dispute. The exponents of this theory are Bentham, Austin, Hobbes, Holland etc.

This theory is also criticized on the basis of the following arguments-

(a) Law is not the creator or creator of rights.

(b) Rights are based not on law but on customs.

(c) Law only declares rights as legal.

But this principle has its importance, that without practice, the right to base on legal recognition is of no importance.

3. Historical Theory of Rights

According to the historical theory, history is the result of experiences, because customs are also historical. The following arguments are also given in the criticism of this theory-

(a) Not all rights are based on historical customs.

(B) There is no possibility of social reform in them, because they are not correct.

(C) Theory of Social Welfare of Rights – According to this theory, rights are the gift of society and they are the conditions obstructing social welfare. Its supporters are Bentham and Mill. It has been criticized on the ground that the concept of public welfare is uncertain and sometimes there are conflicts between social and individual welfare.

4. Idealistic Theory of Rights

It has been propounded by this theory that rights are those conditions which are necessary for the spiritual development of the individual. It has been propounded by idealist thinkers. From the point of view of logic, these principles are the best. But these principles are also not practical, because the state considers the rights related to the development of personality as public. Whereas rights are personal.

Along with rights, there are also duties of a person. Rights without duties have no value. In fact, rights and duties are two sides of the same coin. The rights of one person are the duties of other persons living in the community. For example, a person has the right to life, but this right is possible in practice only when other people living in the society allow him to survive. Therefore the duty of other people is to live yourself and let others live. When we are not fit to perform our duties, rights are of no value. Therefore, in modern political science, along with rights, there is a strong emphasis on the system of duties and their performance. That is why the description of some fundamental duties of citizens has been added to the Indian Constitution by the 42nd Amendment. The Constitution has been made practical by arranging these duties. Otherwise, there is a tendency of man that he gives enough emphasis on rights and talks loudly about the protection of his rights, but when it comes to performing duties, he ignores them. Therefore, the system of duties and their performance is a matter of national character.

authority and state

The relation of state and rights We get two answers to the question of what is the relation between rights and state. One answer is from the supporters of the theory of natural rights. According to this principle, rights precede the state. Nature provides them to humans. In other words they are innate. The second answer about the relation of rights and the state belongs to the proponents of the legal theory of rights. According to this principle, rights are created by the state. A citizen can enjoy only those rights which are enjoyed by the state. The act which the state law does not permit a citizen to do, cannot take the form of a right.

Although there is an important truth inherent in the theory of natural rights, it cannot be accepted in general. It is true that the state does not create all the rights. But it cannot be assumed that the existence of rights is separate from the institution of the state or that they are completely independent of the control of the state. It is very clear that rights can be enjoyed only in a civilized society, nothing called rights cannot exist apart from society. In primitive society, human beings used to enjoy powers, not rights; the basic of powers is physical force, whereas rights are based on the general consent and common motivation of the society as a whole. Similarly the animals of the forest enjoy powers, not rights. In a civilized society, there is a difference in the physical and mental abilities of different people, but despite this difference, they exercise common rights in the same way, for example we can take the right to save life. People can exercise this right only because they have the power of the state on their back. If they do not have the authority of the state on their back, then there can be doubts that some people may infringe on this right.

In a civilized society, if a person violates this right, the state punishes him. Thus we cannot say that the state is the creator of all rights. But we can definitely say that the state protects the rights. This is what Wilde said, “Laws do not create rights but acknowledge and protect them.” The essence of saying is that the exercise of rights is possible only under the laws in the state.

What are rights

Authority is a legal power that a person has from his superior officers and with the help of which he is successful in getting things done by his subordinates. Authority is the key to managerial functions. If managers do not have the necessary authority, they will not be able to perform their duties properly.

A manager is in a position to influence his subordinates only by the exercise of his authority. It is the authority which enables him to discharge the vital functions of planning, coordinating, motivating and controlling etc. in the enterprise.

If proper authority is not vested in him, he cannot perform. Performs these functions in a necessary manner and cannot be responsible for all these actions in the absence of proper authorities. It is only the authority by which he dominates his subordinates and gets the work done by them.

The word authority/authority (derived from the Latin word auctoritas) is used to refer to a power given by the state (as a government, judge, police officer, etc.), or to exercise the right of academic knowledge (by someone) of an area. can go. may have authority over any subject).

The power or authority to give orders, make decisions, and enforce obedience. The right from one person or organization to another to act in a specified way. A person or organization having political or administrative power and control. The power to influence others, especially because of one’s commanding manner or one’s recognized knowledge of something. a person having extensive or specialized knowledge of a subject; a specialist.

What is the right?

Authority is the decision-making power, which guides the action of others. A delegation of authority contributes to the creation of an organization. No individual is in a position to discharge all the duties in an organisation. In order to finish the work in time, there is a need to delegate authority and follow the principles of division of labour.

What is a human right

Human rights mean all those rights which are related to life, liberty, equality and dignity of an individual. These rights have been described in Part III of the Indian Constitution as Fundamental Rights and are enforceable by courts. Apart from this, such rights which have been accepted by the General Assembly of the United Nations as a result of international agreement and are enforceable by the courts of the country, are considered as human rights.

These rights include the right to live in a pollution-free environment, the right not to be subjected to torture and degrading treatment in custody, and the right to dignified treatment for women.

Human rights are the rights of everyone i.e. women, men, children and old people, and everyone has equal access. These rights cannot be violated on the basis of caste, religion, language, gender.

All these rights are innate rights. Human rights are inherent in human nature and the imperative of these rights has always been for the overall development of human personality.

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