AMITY LAW SCHOOL, AMITY UNIVERSITY RAJASTHAN

The Concept of Rights

Submitted by:- Sameer Pradhan Submitted to:- Dr. Avinash Kumar

Enrolment no.:- A21511123087

COURSE:- B.A.Ll.B (Hons.)

Semester: 4th
Introduction

Rights are fundamental entitlements or privileges that individuals possess within a society.
They form the foundation of justice, equality, and democracy, ensuring that every person is
treated with dignity and fairness. The concept of rights has been widely discussed in
philosophy, law, and political science, evolving over time to address the needs of different
societies. Rights not only safeguard individual freedoms but also create a framework for
collective harmony. While rights empower individuals, they also come with responsibilities
and limitations to maintain social order. This essay explores the meaning, classification,
theories, and importance of rights in contemporary society.

Meaning and Definition of Rights

Rights are claims or privileges that are recognized and protected by law or moral principles.
They ensure that individuals can live with dignity and freedom, free from oppression or
arbitrary interference. Various scholars have defined rights differently. For instance, Laski
described rights as "those conditions of social life without which no man can seek, in general,
to be himself at his best." Similarly, H.L.A. Hart viewed rights as "benefits or privileges
recognized and protected by a legal system." Regardless of the definition, the fundamental idea
behind rights remains the same—they serve as guarantees of freedom and justice.

Several key characteristics define rights. Firstly, rights are universal, meaning they apply to all
individuals irrespective of race, gender, or nationality. Secondly, they are enforceable by law,
ensuring that individuals can seek legal remedies if their rights are violated. Thirdly, rights are
not absolute and may be subject to reasonable restrictions to maintain public order and national
security. Lastly, rights come with corresponding duties, implying that individuals must respect
the rights of others while exercising their own.

Types of Rights

Rights can be broadly classified into different categories based on their nature and legal
recognition. The major types of rights include natural rights, legal rights, human rights, and
fundamental rights.

1. Natural Rights: These rights are inherent to human beings by virtue of their existence.
Enlightenment philosophers like John Locke argued that natural rights—such as the
 right to life, liberty, and property—exist independently of any government and cannot
be taken away.
2. Legal Rights: These are rights granted and protected by a legal system. They can vary
from one country to another and include civil, political, economic, and social rights.
Examples include the right to vote, the right to own property, and the right to a fair trial.
3. Human Rights: These are universal rights that apply to all human beings, irrespective
of nationality or background. The Universal Declaration of Human Rights (1948) by
the United Nations outlines fundamental human rights such as the right to freedom of
speech, education, and protection from torture.
4. Fundamental Rights: These rights are enshrined in a country's constitution and are
legally enforceable. In India, fundamental rights include the right to equality, freedom,
protection against exploitation, and the right to constitutional remedies, ensuring that
citizens can seek redressal for rights violations.

Theories of Rights

Over time, different theories have been proposed to explain the concept of rights. These
theories help in understanding the moral, legal, and philosophical foundations of rights.

1. Natural Rights Theory: John Locke argued that certain rights, such as life, liberty, and
property, are inherent and exist independent of any government. He believed that
governments should protect these rights rather than grant them.
2. Legal Positivism: Thinkers like Jeremy Bentham and H.L.A. Hart argued that rights are
not natural but are created and enforced by the state. According to this theory, a right
exists only if it is recognized by law.
3. Social Welfare Theory: Proposed by Roscoe Pound, this theory suggests that rights
should promote social justice and public welfare. The state has the responsibility to
balance individual rights with the larger good of society.
4. Historical Theory: Sir Henry Maine emphasized that rights evolve over time based on
societal changes. This theory views rights as a product of historical developments rather
than fixed natural entitlements.

Relationship Between Rights and Duties

Rights and duties are interconnected. Every right comes with a corresponding duty. For
example, while individuals have the right to free speech, they also have the duty not to spread
hate speech. Similarly, the right to education imposes a duty on the state to provide educational
facilities. Mahatma Gandhi emphasized the importance of duties, arguing that focusing on
fulfilling one's duties ensures the protection of others' rights. A balanced approach between
rights and duties is essential for the smooth functioning of society.

Limitations and Restrictions on Rights

Although rights are fundamental, they are not absolute. Governments and legal systems impose
reasonable restrictions on rights to maintain public order, national security, and social harmony.
Some common limitations on rights include:

1. Public Order: Freedom of speech may be restricted to prevent violence and unrest.
2. National Security: During times of war or emergency, certain rights, such as movement
and privacy, may be curtailed.
3. Morality and Decency: The right to expression does not permit obscenity or hate
speech.
4. Protection of Others' Rights: One's rights should not infringe upon the rights of others.

A landmark case that highlights the balance between rights and restrictions is Kesavananda
Bharati v. State of Kerala (1973), where the Indian Supreme Court ruled that fundamental
rights cannot be altered in a way that affects the basic structure of the Constitution.

Evolution of Rights: A Historical Perspective

The concept of rights has evolved over centuries. Some key milestones include:

• 1215 – Magna Carta (England): Limited the power of the monarchy and recognized
certain individual rights.
• 1689 – English Bill of Rights: Established parliamentary supremacy and guaranteed
civil liberties.
• 1776 – American Declaration of Independence: Declared natural rights such as life,
liberty, and the pursuit of happiness.
• 1789 – French Declaration of the Rights of Man and Citizen: Promoted liberty, equality,
and fraternity.
 • 1948 – Universal Declaration of Human Rights (UDHR): Established fundamental
human rights at the international level.

Conclusion

The concept of rights is fundamental to ensuring justice, equality, and human dignity. While
rights empower individuals, they also come with responsibilities and reasonable limitations.
The evolution of rights reflects society’s progress in recognizing and protecting individual
freedoms. However, rights must continue to adapt to new challenges, ensuring that they remain
relevant in an ever-changing world. A just and democratic society can only function effectively
when rights are balanced with duties, fostering both individual and collective well-being.