INDORE INSTITUTE OF

LAW
(Affiliated to D.A.V.V and BCI , New Delhi)
SUBJECT – POLITICAL SCIENCE
WWW.INDOREINSTITUTEOFLAW.ORG
PRESENTED BY DR. VARSHA SHARMA UPADHYAY
B.A.L.L.B SEMESTER – I
UNIT - III
 RIGHTS INTRODUCTION

 The rights are essential for the adequate 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. 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 ".
 DEFINITIONS

 “ rights are nothing more an nothing less than those social condition
which are necessary or favourable to the development of personality”. -
Dr.Beniprasad
 “right is a power claimed and recognised as contributory to common
good”. - T.H.green
 .”rights are those condition of social life without which no man can be his
best self”.

 Rights as " the external conditions necessary for the greatest possible
development of the capacities of the personality"
- Prof. Barker
 VARIOUS TYPES OF RIGHTS

 HUMAN RIGHTS
 MORAL RIGHTS
 SOCIAL RIGHTS
 POLITICAL RIGHTS
 ECONOMIC RIGHTS
 HUMAN RIGHTS

 Human rights are rights inherent to all human beings without any
discrimination on ground of nationality, region, language, origin, etc.
These rights are often expressed and guaranteed by law , which is in
the form of treaties , customary international law and such other
general principles.
The Universal Declaration of Human Rights (UDHR- December 10, 1948)
constitutes for the most significant effort in the direction of protection,
preservation and promotion of human rights in the international sphere.
 MORAL RIGHTS

 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. Ritchie defines moral rights as"
the claim of an individual on others recognised by the society
irrespective of its recognition by the state
 SOCIAL RIGHTS OR CIVIL RIGHTS

 They are those rights without which no civilised life is possible.

Civilised life is impossible under the fear of being hurt, attacked, killed
or our property confiscated.
 Social 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.
 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 criticise 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.
 THEORIES OF RIGHTS

 THE THEORY OF NATURAL RIGHTS

 THE LEGAL THEORY OF RIGHTS
 THE HISTORICAL THEORY OF RIGHTS
 THE SOCIAL WELFARE THEORY OF RIGHTS
 THE IDEALIST THEORY OF RIGHTS
 THEORY OF NATURAL RIGHTS

 Oldest theory, we find traces of this theory in the writing of Greek and
Roman thinkers
 In 17th n 18th theory this theory was popularised by Hobbes Locke and
Spinoza
 According to this theory the rights inherent in human nature and
existed even prior to the creation of the state
 Basics of this theory are- rights are natural, unchangeable, absolute
and have universal application
 CRITICISM OF NATURAL RIGHTS
THEORY

 The word natural is not clear

 Rights can exist only in the state
 No right of the individual is absolute
 But theory is significant in this sense that it insists that the state must
provide certain conditions or facilities which are essential for the
development of individual and society
 THE LEGAL THEORY OF RIGHTS

 The legal theory of rights is an offshoot of the monistic theory of

sovereignty
 The rights are the creation of the state
 A person can have only those rights which are granted to him by the
law or state
 The state not only creates but also maintains and enforces these rights
 CRITICISM OF LEGAL THEORY OF
RIGHTS

 State is not the creator of rights

 This theory supports state absolutism
 This theory ignores the importance of society in the formulation of
rights
 Ignores moral rights
 Despite of criticism this is a fact that legal theory is essential for the
legal part of the rights
 THE HISTORICAL THEORY OF
RIGHTS

 The rights are the product of history

 Edmund Burke was a strong supporter of this theory
 Whatever men enjoyed in the past have become his rights at present
 CRITICISM OF HISTORICAL THEORY

 All the rights are not the creation of traditions

 Traditions are not always in the interest of society
 Minimum possibility of reforms
 Significance of this theory is this that we cannot ignore the history
customs and traditions in the evolution of state and government
 THE SOCIAL WELFARE THEORY OF
RIGHTS

 The rights are the those conditions which make the individual and the
society happy
 An individual cannot have any rights against the public welfare
 The Utilitarians fully supported this theory and propounded the theory
of Greatest happiness of greatest number
 The rights are conditions of social welfare
 Propounded by Harold laski
 CRITICSM OF SOCIAL WELFARE
THEORY

 Difficult to define social welfare

 Greatest good of greatest number is irrational
 Sacrifices individual welfare in the name of social welfare
 Theory is commendable because tries to reconcile the principle of social
good and welfare of the individual
 THE IDEALIST THEORY OF RIGHTS

 This theory views the rights in purely moral terms and considers them
essential for the moral development of the individual
 The rights enable the individual to develop his physical mental and
moral faculties to the full and ultimately contributes to the
development of the society
 T. H.Green is the main supporter of this theory
 Rights demand of individual
 Purpose development of personality
 Moral aspect of rights and acceptance of society
 CRITICISM OF IDEALIST THEORY

 Vague theory
 Difficult to determine the needs of personality development
 Development of personality is possible only through individual efforts
 More importance to the individual than the racial good
 Relevant because personality development is the essence of rights
 Relation between duties and rights
 Harmony between state and individual