Definition and Meaning of Rights

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 claims of individuals and groups, which, in turn, are recognized by the State. The State gives sanctions to these claims either wholly or selectively. It is also possible that certain rights are introduced by the State itself and did not arise from a given society or community. For example, voting right in India was introduced as a result of adoption of a particular form of government—Westminster model of parliamentary democracy. Various rights sanctioned by the State could also be against prevalent social and religious practices. Right to adult marriage means that a minor should not be deprived of her/his right not to be married before attaining a certain age. This could be against the practice of child marriage followed by some sections in society. Similarly, right to widow remarriage, right to not to be discriminated on the basis of birth in a particular caste are rights for the individuals and groups introduced by the State.

Rights can be understood differently, in terms of claims, liberty, power, privileges and immunities, etc. Rights could also be associated with the end they serve. Rights serve the purpose of providing conditions for liberty and development of capacities of personality of individuals. For example, freedom of expression and speech constitute liberty of a person to express his or her views, ideas, feelings, etc. However, to secure this liberty or freedom of each individual against the other and also against the state, some safeguard is required. Rights provide this safeguard. Rights of citizens are also necessary to promote limited and constitutional governments. Provision of rights is considered as one of the limits put on the State. J. S. Mill in his On Liberty, while tracing the history of ‘struggle between Liberty and Authority’, mentions that ‘by obtaining a recognition of certain immunities called political liberties or rights’, a limit was put to the power of ruler or king.³