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NCERT Class 11 Political Science Chapter 15 Rights
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Rights
Chapter: 15
| (PART-B) POLITICAL THEORY |
| TEXT BOOK QUESTIONS ANSWER |
1. What are rights and why are they Important? What are the bases on which claims to rights can be made?
Ans: A right is an entitlement or claim of a person recognised by society and sanctioned by law. Rights have great significance for people. In a democracy like India, rights play a critical role in its functioning by availing political, economic, and social rights to citizens.
Importance of Rights:
(i) Protection of Individuals:
(a) Promotion of Freedom and Autonomy: Political freedom has been described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfilment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society.
(b) Equality and Justice: Political justice implies that all citizens should have an equal opportunity to participate in the political system. One person-one vote is ensured irrespective not only of caste, sex or religion but also of proprietary or educational qualifications.
(c) Accountability of Governments and Institutions: Political accountability refers to constraints on executive power and comprises the mechanisms for holding an agent accountable and the means to apply sanctions when a principal (citizens) transfers decision making power to an agent (the government).
(d) Social Cohesion and Stability: As understood by the Council of Europe (CoE), social cohesion is the capacity of a society to ensure the welfare of all its members, minimising disparities and avoiding polarisation. A cohesive society is a mutually supportive community of free individuals pursuing these common goals by democratic means.
(ii) Bases on Which Claims to Rights Can Be Made:
(a) Constitutional Rights: Rights are to be sanctioned by the law, they need to have legal backing only then they are justiciable and enforceable. In case our rights are violated we can approach courts.
(b) International Treaties and Conventions: An international convention or treaty is an agreement between different countries that is legally binding to the contracting States. Existing international conventions cover different areas, including trade, science, crime, disarmament, transport, and human rights.
(c) Ethical and Moral Foundations: Claims to rights may be grounded in moral or ethical principles, such as principles of fairness, justice, and respect for human dignity.
(d) Natural Rights: The idea of a natural right is based on a political theory that every person has basic rights that the government cannot deny, now matter where they live.
(e) Ethical Rights: Claims to rights may be grounded in moral or ethical principles, such as principles of fairness, justice, and respect for human dignity.
(f) Social Contracts: The social contract is based on the express or implied consent of the people to give up some of the freedoms that they enjoyed in the state of nature in exchange for the protection of their remaining rights and the maintenance of social order.
2. On what grounds are some rights considered to be universal in nature? Identify three rights which you consider universal. Give reasons.
Ans: (i) Right to Life:
Reasons: The Right To Freedom is a fundamental right guaranteed by the Indian Constitution. This right gives all citizens the liberty to live and work freely within the territory of India. The constitution also protects the rights of individuals against arbitrary state action.
(ii) Freedom of Expression:
Reasons: Freedom of speech is the right to articulate opinions and ideas without interference, retaliation or punishment from the government.
(iii) Right to Equality and Non-Discrimination:
Reasons: Right to Equality (Articles 14 – 18) The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).
3. Discuss briefly some of the new right claims which are being put forward in our country today. For example the right of tribal peoples to protect their habitat and way of life, or the right of children against bonded labour.
Ans: (i) Right of Indigenous Peoples to Cultural and Environmental Protection:
Reasoning: Many Indigenous Peoples, local communities and governments seek intellectual property (IP) protection for traditional knowledge (TK) and traditional cultural expressions (TCEs) as intangible assets. Such assets can range from traditional medicine and environmental knowledge to art, symbols and music.
(ii) Right to Clean Environment and Sustainable Development:
Reasoning: The right to a healthy and clean environment is undoubtedly a part of this duty of care. States are compelled to take effective measures to mitigate climate change and ensure that all individuals have the necessary capacity to adapt to the climate crisis.
(iii) Rights of Children and Protection Against Exploitation:
Reasoning: The right against exploitation is a fundamental right guaranteed by the Constitution of India. It includes the dignity and freedom of a person and prohibits all forms of forced labour, child labour, and human trafficking.
(iv) Right to Privacy and Data Protection:
Reasoning: Privacy has both positive and negative content. The negative content restrains the state from committing an intrusion upon the life and personal liberty of a citizen. Its positive content imposes an obligation on the state to take all necessary measures to protect the privacy of the individual.
4. Differentiate between political, economic and cultural rights. Give examples of each kind of right.
Ans:
| Basic | Political Rights | Economic Rights | Cultural Rights |
| Meaning | Political rights are fundamental entitlements that empower individuals to participate in the governance of their society. They ensure that citizens have the freedom to express their opinions, vote in elections, and engage in political activities. | The economic rights include the right to prevent copying, distribution, performing a work and communicating it to the public. These rights can be licensed and assigned. These can be contrasted with moral rights. | Cultural rights are human rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non-discrimination. |
| Rights | Political rights are those rights by virtue of which citizens get a share in the political process. These enable them to take an active part in the political process. These rights include the right to vote, right to get elected, right to hold public office and right to criticise and oppose the government. | Economic social and cultural rights (ESCR) include the rights to adequate food, to adequate housing, to education, to health, to social security, to take part in cultural life, to water and sanitation, and to work. | Cultural and educational rights are human rights that promote equality and respect for all cultures, religions, and languages. They include the right to freedom of expression, the right to receive an education, and the right to participate in cultural life. |
5. Rights place some limits on the authority of the state. Explain with examples.
Ans: Rights place some limits on the authority of the state:
(i) No doubt the degree of success of rights depends on a number of factors, most important of which is the support of governments and the law.
Example: It includes freedom of speech and expression, assembly, association or union or cooperatives, movement, and residence. It also includes the right to practise any profession or occupation.
Right against exploitation: It prohibits all forms of forced and child labour and human trafficking.
(ii) Rights of citizens (or people) place an obligation upon the state to act in certain types or ways. Each right indicates what the state must do as well as what it must not do.
Example: It relates to an individual’s ability to determine for themselves when, how, and for what purpose their personal information is handled by others. Protecting privacy is key to ensuring human dignity, safety and self-determination. It allows individuals to freely develop their own personality.
(iii) Rights not only indicate what the state must do, they also suggest what the state must refrain from doing.
Example: Examples of meetings that are protected under the freedom of assembly include hosting a party, going to church, militia meetings, political party conventions, protests, public meetings, political demonstrations, rallies, and assemblies for any group of people.
(iv) Rights ensure that the authority of the state is exercised without violating the sanctity of individual life and liberty.
Example: It means that trials must be conducted by an impartial judge in an impartial environment where all parties are treated equally until proven guilty. A fair trial ensures that Article 21 of the Constitution is upheld and ensures justice.
