Notes Class 11 Chapter 2 Political Science Maharashtra Board

Liberty and Rights

1. Introduction to Liberty and Rights
In a democracy, citizens have rights (privileges given by the government) and duties (responsibilities towards the state).
When rights and duties are protected by the state, citizens enjoy liberty.
Liberty is a key feature of democracy. It means freedom for individuals, society, and the nation.

2. What is Liberty?

Liberty means:

• Absence of restraints (no restrictions on actions).
• Freedom of choice (ability to make decisions).
• Favorable conditions for growth and happiness.

Liberty includes:

• Personal liberty: Freedom to develop one’s personality.
• Social liberty: Freedom from inequalities like caste or gender.
• National liberty: Freedom from foreign or autocratic rule.
• Economic and political liberty: Rights to participate in governance and economic activities.

Liberty is also about emancipation (freedom from slavery, oppression, or inequality).

3. Views of Thinkers on Liberty

Thomas Hobbes (1588–1679)

• Idea: Liberty is a natural right.
• Liberty means freedom to act without restraints.
• People are motivated by fear and necessity to achieve liberty.
• Example: A person should be free to do what they want as long as it doesn’t harm others.

John Locke (1632–1704)

• Idea: Liberty is a natural right tied to morality.
• Liberty should not harm others’ rights to life and equality.
• People should use liberty rationally (with reason), not recklessly.
• Locke valued both personal liberty (individual freedom) and national liberty (freedom from foreign rule).

Jean-Jacques Rousseau (1712–1778)

• Idea: Liberty is about collective happiness, not just individual freedom.
• Famous quote: “Man is born free but everywhere in chains.”
• Liberty means freedom from social inequalities and class-based systems.
• Individuals should prioritize social interests over personal desires.

Two obstacles to liberty:

1. Thinking only about personal gain, not public good.
2. Inequality in society.

Jeremy Bentham (1748–1832)

• Idea: Liberty is about “the greatest happiness for the greatest number.”
• This is called negative liberty (freedom from restrictions).
• The state should not interfere in people’s lives because individuals know how to protect their own interests.

John Stuart Mill (1806–1873)

• Idea: Supported individual liberty but opposed unrestrained freedom.
• People have control over their body and mind.
• Liberty includes freedom of thought and freedom of action.
• Actions should not harm society. If they do, restrictions are justified.
• Book: On Liberty (explains his ideas).

Isaiah Berlin (1909–1997)
Idea: Explained two types of liberty in his essay Two Concepts of Liberty (1958).

1. Negative Liberty:
Freedom from restrictions or interference (e.g., by the state).
Focuses on freedom of choice without restraints.
Example: You can choose your career without government interference.
Supported by thinkers like Mill, Hayek, and Nozick.
Features:

• Complete freedom to choose.
• Opposes force, terror, or coercion.
• Based on neoliberalism (belief in free markets and minimal government).

2. Positive Liberty:
Freedom to achieve your potential with guidance from laws or society.
Focuses on self-mastery and collective well-being.
Example: Laws that ensure education for all help people achieve their goals.
Supported by Rousseau and Marcuse.
Features:

• Laws guide individuals to improve their lives.
• State intervention is acceptable for the common good.

Friedrich Hayek (1899–1992)
Idea: Liberty means no hurdles in life.
Opposed state interference in personal or economic matters.
Believed economic freedom (free markets) is true liberty.

Robert Nozick (1938–2002)
Idea: Liberty is at risk if restrictions are imposed without consent.
Individuals should be free from social, economic, or state controls.

Herbert Marcuse (1898–1979)
Idea: Supported positive liberty.
Said modern society traps people like birds in a golden cage—they have comforts but no true freedom.
Collective action and state control are needed for true liberty (e.g., laws to reduce pollution).
Books: One-Dimensional Man, Eros and Civilization.

4. Negative vs. Positive Liberty

Isaiah Berlin’s Quotes:
Negative Liberty: “I am slave to no man.”
Positive Liberty: “I am my own master.”

5. Indian Concept of Liberty
In India, liberty is understood as emancipation (freedom from constraints).
Traditional View: Liberty meant spiritual salvation (freedom from the cycle of birth and rebirth).
Modern View: Liberty means freedom from social inequalities (e.g., caste, gender).

During British Rule

1. British Laws: Introduced rights like the abolition of Sati and promoted Western education, which spread ideas of liberty.

2. Social Reformers:

• Mahatma Jyotirao Phule and Dr. B.R. Ambedkar:
• Liberty meant freedom from caste inequality and social constraints.
• Focused on ending humiliation, gender inequality, and upper-caste domination.

3. Mahatma Gandhi:

Introduced the concept of Swaraj (Self-Rule).

Swaraj meant:

• Freedom from British rule.
• Freedom from Western cultural domination.
• Emphasis on self-governance, self-discipline, and human values.

Book: Hind Swaraj (explains his ideas).

6. What are Rights?
Definition: Rights are conditions that allow a person to live well and develop their personality.
Harold Laski’s Definition: Rights are “those conditions of social life without which no man can seek, in general, to be himself at his best.”

Types of Rights

1. Natural Rights:
Universal rights given by nature.
Examples: Right to life, right to liberty.

2. Moral Rights:
Based on the conscience of individuals and society.
Example: Respecting elders or teachers.

3. Legal Rights:
Given and protected by the state through laws.
Not universal; vary by country.

Two types:
Civil Rights: Related to personal life and property (e.g., right to equality, liberty, property).
Political Rights: Related to participation in governance (e.g., right to vote, contest elections, criticize the government).

7. Human Rights
Definition: Fundamental rights every human has just for being human.
Features:

Inalienable: Cannot be taken away.
Universal: Apply to everyone, everywhere.
Natural: Not given by rulers or society.
Linked to justice, equality, and human dignity.

Examples:
Right to life, livelihood, freedom of expression, right to form organizations.
Newer rights: Right to information, right to a pollution-free environment.

Universal Declaration of Human Rights (UDHR):
Created by the United Nations on 10th December 1948.
Combines natural and civil rights with principles like liberty, equality, justice, and fraternity.

8. Liberty and Rights in the Indian Constitution
Part III of the Indian Constitution lists Fundamental Rights for citizens.
Fundamental Rights:

1. Right to Equality.
2. Right to Freedom.
3. Right Against Exploitation.
4. Right to Freedom of Religion.
5. Cultural and Educational Rights.
6. Right to Constitutional Remedies (to protect other rights).

Key Articles:
Article 19: Guarantees freedoms like speech, movement, and association (negative liberty).
Article 21: Protects life and personal liberty, except by lawful procedure (positive liberty).

Applies to both citizens and foreigners.
Includes the Right to Privacy (declared in 2017).

Other Notes:
Right to Education: Added by the 86th Amendment (2002), implemented in 2010.
Right to Property: Removed as a Fundamental Right in 1978; now a statutory right under Article 300A.

Important Supreme Court Cases

1. Kharak Singh vs. State of Uttar Pradesh (1963):
Upheld the Right to Movement across India.

2. Francis Coralie Mullin vs. Union Territory of Delhi (1981):
Defined Right to Life as living with dignity (includes food, shelter, expression, movement).

3. Bandhua Mukti Morcha vs. Union of India (1984):
Linked liberty to healthcare, education, maternal care, and worker safety.

4. Ramsharan vs. Union of India (1989):
Included culture, tradition, and legacy as parts of liberty.

5. K.S. Puttaswamy vs. Union of India (2017):
Declared Right to Privacy as a Fundamental Right.

6. Recent Cases:
Included clean water and pollution-free air as aspects of liberty.