Theories of Rights:

Natural Theory of Rights:

From time to time various explanations regarding the origin and nature of rights have
been put forward have led to the emergence of a number of theories. The earliest
explanation in this regard was put forward by the ‘natural theory of rights’. According to
this theory, the nature is the author of certain rights that have a universal, rational,
eternal and immutable character. Further, it holds that rights belong to man by nature.
They inhere in him. They are as much a part of man’s nature as the color of his skin.

The origin of the natural theory of rights goes back to ancient Greece. Later, Romans
held that civil law should conform to the law of nature. During the middle ages the law
of nature became the law of God. In the seventeenth century social contractualists
accepted this version to establish a proper relationship between the liberty of the
individual and the authority of the state. John Locke termed right to life, liberty and
property as natural rights. According to Locke, the main function of the state is to
protect these natural rights of the individuals. The individuals have every right to resist,
even overthrow the government in case the rulers violate the sanctity of the natural
rights. These rights cannot be surrendered to any authority. Thus, the rights are an
integral part of human personality. If any government seeks to encroach upon them,
people can revolt against the authority to preserve their natural rights.

In the 18th century, some of the important political documents found their basis in the
theory of natural rights. For instance, the American Declaration of Independence of
1776 declared that, ‘all men are endowed by their creator with certain inalienable
rights’. Similarly, the French Declaration of the Rights of Man and Citizen of 1791
declared, `men are born free and live free and are equal in their rights.’ Even the
Universal Declaration of Human Rights of 1948 says, ‘All human beings are born free
and equal in dignity and rights.’

Legal Theory of Rights:

According to this, rights are neither absolute nor given by nature. They are the creations
of the law of the state. Hence, the state is the only source of rights. It provides the
machinery to guarantee the enjoyment of rights. Rights are dynamic as they Change
with the law of the land. The legal theory of rights which is also called the positive
Theory of rights , finds its exposition in the works of Jeremy Bentham who decries
natural rights as ‘rhetorical nonsense’ and Insists that rights are the creature of law and
of organized society. The legal theory is, therefore, partly correct in asserting that rights
Are no rights until they are secured by the state. Mere social Recognition is not enough.
There has to be a coercive authority to Give protection to the moral rights. Law,
therefore, serves the Desired purpose.
Kinds of Rights:

Rights are of different kinds. Barker groups them into three Main heads relating to
fraternity, equality and liberty and divides the Last one into two categories – political
and economic. He prefers to Put rights to public assistance, education and public
employment Under the head of ‘fraternity’. He includes rights to be treated Equally in
the eyes of law and matters relating to justice, taxation And admissibility to honors and
office of public employment under The second category of ‘equality’. Finally, he lists
well-known Political and economic freedoms under the category head of ‘liberty’.
However, Laski puts them into two broad categories-General and particular. To discuss
the specific kinds of rights in a Simple form, a classification could be presented in the
following Manner.

Moral Rights: Moral rights are the claims recognized by the

conscience of the community. For instance, a teacher has a moral

right to be respected by his students. Moreover, moral rights have

the support of the good sense of the society. There is no coercive

power to enforce them. Thus, one cannot move the courts for

seeking an enforcement of a moral right. The moral rights are like

pious principles whose enforcement depends upon the good sense

of the community. When moral rights are recognized by state and

translated into legal terms, they become legal rights enforceable by

the coercive power of the state. Any violation of law invites

punishment.

Civil Rights: These rights relates to the person and property of the

individuals. They are called ‘civil’ rights as they relate to the

essential conditions of a civilized life. This includes a number of

rights like those relating to life, personal liberty, thought and

expression, property, religion and the like. Of all the civil rights, right

to life is the most important, since enjoyment of all other rights

depends upon it. It implies that no person can take the life of

another. Not only this, a person has the right to save his life even

by killing another in case his opponent has the intention to kill him.
It is called right to ‘self- defense.’ So significant is right to life that

suicide is a crime and a person trying to commit it, is held liable for

punishment. Thus, a person accused of committing murder gets the

punishment of death. This right however, is not absolute and the

state may restrict it in ‘national interest’.

The right to personal liberty is the next most important civil

right. It includes abolition of slavery, free movement, and freedom

from arbitrary arrest and detention. Then, the next important civil

right is the right to think and express. An individual should have

freedom to think and express his ideas by tongue or print or any

other acceptable way. This right therefore, includes freedom of

publication broadcasting and telecasting. Right to property is

another important civil right. It means right to hold, transfer or

dispose-off property by a person. Equality before law and its equal

protection also constitutes an important civil right. Right to freedom

of religion is also significant civil right. According to this right, a

person should have right to profess and practice any religion as per

his conscience.

Political Rights: These rights relate to a man’s participation in the

affairs of the state. This includes the right to vote as in a democratic

state all citizens who have attained the age of 18 years (in case of

India) must have the right to choose their rulers. This category

includes right to contest elections that take place from time to time

where by people choose their representatives. This category also

includes right to hold public offices. All able and qualified citizens

irrespective of any difference on the grounds of religion, race,

also includes the right to address individually or collectively

petitions to the government embodying their grievances. Finally,

this category also includes people’s right to appreciate or denounce

the actions of their government so that they may renew their

confidence in their rulers or change them in case they forfeit their

trust or goodwill.

Economic Rights: This category of rights relates to man’s

vocation, his engagement in a gainful employment of his choice so

as to solve problem of food, clothing and shelter. Every person

should have the right and opportunity to work so that he may earn

his livelihood. Besides this, he should have the right to rest and leisure. It also includes
the right to form trade union so as to protect

and promote their specific interests. Workers should have right to

bargain freely for remunerative work. This category of rights also

includes the right of the workers to have a say in the general control

and running of the industry.

Human Rights: Human Rights have assumed a significance of its

own ever since the formulation of the Universal Declaration of

Human Rights by the Human Rights Commission and their

adoption by the General Assembly of the United Nations in 1948.

Human rights are more a declaration of ‘a common standard of

achievement for all peoples and all nations’ which is quite

comprehensive. Human rights are more a modified version of what

was once called ‘natural rights coupled with certain civil rights. It

incorporates a host of other rights that have their necessary

connection with moral or natural and civil rights.

Mere conferment of rights on the citizens is not sufficient.

There should be proper safeguards for their realization. They could

be listed as provided below.

Important rights of the citizens should be provided in the

basic law of the land generally called as `Fundamental Rights.’ By

including basic rights in the category of fundamental rights, the

state accords them constitutional protection and empowers the

courts to issue the writs for their enforcement.

The rule of law is another important safeguard. Rule of law

has too important characteristics. First, it ensures equality before

law and its equal protection. It refers to the fact that every citizen is

under the same legal obligation irrespective of differences based on

religion, caste, creed, wealth, race, sex etc. Second, it guarantees

personal liberty so that no person can be arrested without valid

cause and that he cannot be punished unless the case is decided

against him by a competent court.

Another safeguard is free and honest press so that people

have an uninterrupted and straightforward dissemination of news. If

the facts are not presented in their true perspective, or they are

deliberately distorted, the judgment of the people is likely to be

incorrect. A free press is also expected to safeguard the rights of

the people. Newspaper is also the effective means to check political

despotism. People may write in the columns of newspapers about

the lapses on the part of their rulers.

In order to prevent the abuse of authority, the state should

follow the principle of decentralization of powers. Local government

should enjoy power to deal with the local issues. Similarly matters
of regional importance should be dealt by the regional or provincial

government.