Liberty and Rights
Exercise
1. (A) Choose the correct alternative and complete the following statements.
1. The book, ‘On Liberty’ was written by J.S. Mill. (Robert Nozick, Thomas Hobbes, J.S.Mill, Isiah Berlin)
2. The concept of Swaraj was spelt out by Mahatma Gandhi. (Mahatma Gandhi, Mahatma Phule, Dr.Ambedkar, Dr.Rajendra Prasad)
(B) Complete the following sentence by using appropriate reason.
According to Jeremy Bentham, the State should not bring any obstructions in liberty because
Answer: (b) individual knows how to protect his own interests.
Explanation: The document explains that Jeremy Bentham advocated negative liberty, arguing that an individual knows how to protect their own interests, so the State should not interfere.
1. (C) State the appropriate concept for the given statement.
1. Fundamental right introduced in Constitution of India by 86th Amendment
Answer: Right to Education
Explanation: The document notes that the Right to Education was introduced as a Fundamental Right by the Constitution (Eighty-sixth Amendment) Act, 2002.
2. Rights based on the conscience of the individual and the community
Answer: Moral Rights
Explanation: The document defines moral rights as those based on the conscience of the individual and the community, such as respect for a teacher or elderly person.
2. Complete the concept map.
Answer –
Fundamental Rights in Indian Constitution
- Right to Equality
- Right to Freedom
- Right Against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
Explanation: The document lists these six Fundamental Rights guaranteed under Part III of the Indian Constitution.
3. State whether the following statement is true or false with reasons.
Statement: Legal rights are not universal.
Answer: True
Reason: The document explains that legal rights are granted by the State and are not universal, as different countries with different governments specify different rights for their people, unlike natural or human rights which are universal.
4. Explain co-relation between the following.
1. Concept of Liberty by Thomas Hobbes and John Locke
Answer: Both Thomas Hobbes and John Locke consider liberty as a natural right of an individual. Hobbes defines liberty as the freedom to act without restraint, driven by fear and necessity. Similarly, Locke views liberty as a natural right but emphasizes that it should be exercised rationally within the context of morality, ensuring it does not harm others’ rights or equality. While Hobbes focuses on the absence of restraints, Locke highlights rational enjoyment of liberty without affecting equality, showing a shared belief in liberty as inherent but differing in their approach to its application.
2. Constitution of India and Liberty
Answer: The Constitution of India combines both negative and positive liberty. Article 19 provides liberties such as freedom of speech, movement, and association (reflecting negative liberty by ensuring freedom from restraints), while Article 21 ensures the right to life and personal liberty, limiting deprivation except by law (supporting positive liberty through State-guided protections). The judiciary’s interpretations, like in the Kharak Singh case (Right to Movement) or Puttaswamy case (Right to Privacy), expand liberty’s scope, ensuring it aligns with human dignity, equality, and social welfare, balancing individual freedom with societal good.
5. Answer the following.
1. Explain Mahatma Gandhi’s idea of liberty.
Answer: Mahatma Gandhi’s idea of liberty is centered on the concept of Swaraj, meaning self-rule. In his work ‘Hind Swaraj’, he described Swaraj as not just freedom from British rule but also liberation from Western cultural domination. For Gandhi, liberty meant self-governance, self-discipline, and upholding human values. It included freedom from social constraints like caste inequality and the trampling of humanitarian principles, aiming for both national independence and personal moral development.
2. Discuss the concept of Human Rights.
Answer: Human rights are fundamental rights that every person enjoys by virtue of being human, as per the document. They are inalienable, universal, and not conferred by any ruler or society. Examples include the right to life, livelihood, freedom of expression, and the right to form organizations. Human rights are linked to justice and are essential for developing abilities, intellect, skills, and upholding human dignity. The Universal Declaration of Human Rights (UDHR), adopted by the UN in 1948, combines natural and civil rights, emphasizing liberty, equality, justice, and fraternity. These rights evolve with time, now including rights to information and a pollution-free environment, but violations like caste discrimination in India or unequal status for African Americans show challenges in implementation.
3. Explain Isaiah Berlin’s concept of Liberty.
Answer: Isaiah Berlin, in his essay ‘Two Concepts of Liberty’, distinguishes between negative and positive liberty. Negative liberty, rooted in classical and neoclassical liberalism, emphasizes freedom from restraints, meaning the State should not interfere in an individual’s life. It prioritizes complete freedom of choice and opposes coercion, force, or State control, focusing on the opportunity to act rather than the outcome (e.g., choosing education or profession without restriction). Positive liberty, linked to modern liberalism, focuses on self-mastery and achieving happiness through rational collective interests. It supports State intervention to guide individuals, as seen in Rousseau’s idea of moral laws enhancing liberty. Berlin’s negative liberty statement is “I am slave to no man,” while positive liberty is “I am my own master.”
6. Answer the following in detail with reference to the given points.
Elaborate the concept of Rights
(a) Meaning
Rights are conditions of social life essential for a person to live and develop their personality to the fullest, as defined by Harold Laski. They enable individuals to be their best selves and are crucial for personal and societal growth.
(b) Natural Rights
Natural rights are inherent to human nature and reason, universal in character. They exist regardless of laws or governments. Examples include the right to life and liberty, which no authority can take away.
(c) Moral Rights
Moral rights are based on the conscience of individuals and communities. They stem from ethical values, such as respecting teachers or elderly persons. These rights depend on societal norms and moral understanding rather than legal enforcement.
(d) Legal Rights
Legal rights are granted and enforced by the State through laws. They are not universal, varying across countries based on their governments. Legal rights are divided into:
- Civil Rights: Related to person and property, like the right to life, liberty, equality, and property, protected by the State.
- Political Rights: Enable participation in governance, such as the right to vote, contest elections, hold public office, or criticize the government, typically available in democratic states.
(e) Human Rights
Human rights are universal, inalienable rights every human possesses by birth, linked to justice and dignity. They include rights to life, livelihood, expression, and forming organizations. They evolve with time, now covering rights to information and a pollution-free environment. The UDHR (1948) codifies these rights, but violations like caste discrimination or gender inequality highlight implementation challenges.
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