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 (+91) 09860816313

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
1. Right to life
2. Right to persona liberty / freedom.
3. Right to security.
4. Right to privacy.
5. Right to home
6. Right to own property.
7. Right to freedom from torture.
8. Right to freedom from inhuman treatment.

11. Political Rights
1. Right to thought
2. Right to religion
3. Right to freedom of movement.
4. Right to participate in the Government.
5. Right to vote.
6. Right to be elected in election.
7. Right to take part in the conduct of public office.
8. Right to choose public representative.
9. Right to equal consideration before the law.
10. Right to peaceful assembly and association.

12.  Economic, social & cultural Rights
1. Right to adequate food , clothing & housing.
2. right to adequate standard of living.
3. Right to freedom from hunger.
4. Right to work.
5. Right to social security.
6. Right to physical and mental health
7. Right to education.
8. Right to self determination or physical protection.
9. Right to free from discrimination
10. Right to free from slavery.
11. 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.