Month: January 2023

We have discussed the concepts of positive rights (legal rights), negative rights, residual rights and fundamental rights and also rights, which are available in terms of Bill of Rights or Fundamental Rights in the Constitution. There could be various other dimensions, such as civil, economic, human, legal, moral, natural, political, social and cultural, which require… Continue reading Dimensions or Kinds of Rights

Rights as claims or entitlements imply legal relationship between the individuals or the groups and the State or amongst the individuals and groups themselves. Morality and immorality of a claim or entitlement may not have to do anything with legality or illegality of the same thing. For example, till the Child Labour (Eradication and Rehabilitation)… Continue reading Forms of Rights

The way rights of individuals and groups should be secured and guaranteed has been attempted differently. In some countries, rights are in the nature of Residual Rights as in England; in another, they are protected as Bill of Rights as in USA and yet another, as Fundamental Rights as in India. There have been different conventions of securing rights by either… Continue reading Conventions of Guaranteeing Rights

There could be certain rights in which the State is not authorized to interfere with individual. They consist of what remains after taking into account all the legal restraints that impinge upon an individual. Rights, which arise due to authorities not interfering, are negative rights. In other words, an individual has rights because public authorities… Continue reading Positive and Negative Rights

Relationship amongst the ingredients of rights suggests that claims emerging on various grounds could be recognized by the State as rights. Although this may not be coterminous with what all rights individuals and groups perceive they should enjoy in society. For example, many states may not accept the right to self-determination of various ethnic groups. It… Continue reading Ingredients of Rights

T. H. Green, an idealist and advocate of positive liberty, in his Lectures on the Principles of Political Obligations has defined right as ‘a power of acting for his own ends … secured to an individual by the community on the supposition that it contributes to the good of the community.’ Power of acting for his own ends implies… Continue reading Rights Defined

Defined and interpreted differently by writers and thinkers, rights are moral and legal entitlements or claims of individual or groups against society, state or a group of individuals. Rights could be claimed on various grounds such as inherent human personality, natural basis, legal basis, moral and idealist basis, historical basis, social basis, etc. Generally, society or community admits certain… Continue reading Definition and Meaning of Rights

We, as individuals, groups and classes, require liberty and freedom for exercising our choices w.r.t. skills, business or place of residence, to move freely in the country choose our representative in a free and fair election. Liberty and freedom are also required for self-realization and development of our faculties and capacities of expression, speech, belief,… Continue reading Introduction