Liberty and Rights PDF

2. Liberty and Rights In a democracy, citizens have certain Thomas Hobbes : rights and duties. When those rights and Hobbes considers duties are secured by the State then we...

2. Liberty and Rights In a democracy, citizens have certain Thomas Hobbes : rights and duties. When those rights and Hobbes considers duties are secured by the State then we liberty as a natural can say the people have liberty. Right as right of an individual. a common privilege is given to its citizens According to Hobbes, by government. Liberty is an essential liberty is freedom feature of democracy. that an individual Liberty has to act without Thomas Hobbes (1588-1679) restraint. Fear and In this chapter we will study Liberty an English philosopher necessity inspires an as absence of restraints, freedom of individual to achieve choice, and availability of favorable liberty. Therefore, according to him conditions and attainment of happiness. absence of restraint is liberty. We will also study the negative and positive aspects of liberty and the concept John Locke : Locke considers liberty of liberty and rights as given in the as natural right of an individual. He has Constitution of India. explained the concept of liberty within the context of morality. It is morally wrong Liberty is also understood as freedom to hurt the right of or self-rule. Liberty means freedom. life and liberty of Emancipation from slavery, freedom from any individual. autocratic rule, and freedom from foreign One should enjoy rule is liberty. Liberty deals with personal, liberty without social and national freedom. Social, affecting the economic and political rights which an principle of individual needs for all-round development equality. Liberty is is also called liberty. an integral part of an individual. He Do you know ? John Locke (1632- 1704) has given great an English philosopher Freedom from foreign rule is importance to national liberty. Freedom given to an liberty. He maintains that all human individual for development of one’s beings are rational; therefore liberty personality is personal liberty. This should be enjoyed rationally. He does not is the difference between national advocate unrestrained freedom. In short, and personal liberty. Locke’s concept of liberty focuses on absence of restraint and freedom of Nature of Liberty : To understand choice. the nature of Liberty we will have to Jean Jacques Rousseau : Rousseau study the views of the following thinkers. looked at liberty from a collective 9  perspective. perspective of attainment of happiness. According to him He considered liberty and happiness as an individual interconnected concepts. To achieve liberty should keep one must gain happiness and eliminate personal interests sorrow. aside for social interests. His Jeremy Bentham’s principle of concept of liberty liberty : ‘The greatest happiness of frees the greatest numbers’. This is called Jean-Jacques Rousseau individual from a negative liberty. ( 1712-1778) class based system a Genevan philosopher and inequality. John Stuart Mill : Mill has supported According to him individual liberty and opposed unrestrained inequality is an obstacle in the attainment controls by the State. of liberty. He maintains that liberty frees His ideas are based an individual from the hurdles created by on the concept, that the rise of civil and political society. He ‘man has full control describes two hurdles on liberty: over his body and (i) One which prohibits an individual to mind’. These ideas think about public interest. (ii) One which of Mill are relevent is created due to inequality in society. John Stuart Mill even today. His Rousseau (1806-1873) ideas regarding liberty a British philosopher are found in his work ‘Man is born free but everywhere in chains.’ Rousseau was born in ‘On Liberty’. Geneva. He was considered the father Two Concepts of Liberty of the French Revolution. In his famous Rousseau did not consider liberty as essay, ‘Two a natural right as advocated by Hobbes Concepts of and Locke. He believed that the society Liberty’, first comes together to protect the life and published in interest of the individual. Therefore he 1958, Isaiah gave more importance to emancipation Berlin has from social inequality. He also stressed discussed about the freedom of Negative and Isaiah Berlin (1909- 1997) choice and Positive liberty. Russian-British, philosopher availability of Positive liberty and historian of ideas. favorable conditions emerged from in the concept of modern liberalism, whereas, negative liberty. liberty emerged from classical and neoclassical liberalism. Isaiah Berlin Jeremy Bentham : believed that liberty is unrestrained. Bentham looked at Jeremy Bentham (1748 -1832) liberty from the an English philosopher 10  Freedom of thought is the base of Do you know ? negative liberty. Jeremy Bentham strongly advocated negative liberty. He argued Explanation of some terms: that an individual knows how to protect Liberalism is a political ideology. Its his own interest; therefore the State should central theme is based on not bring any obstructions. In his book individualism. The core values of ‘Manual of Political Economy’, he liberalism are individualism, advocated free economy. Similarly, rationalism, individual freedom, J.S.Mill also spoke of negative liberty in justice and toleration. his book ‘On Liberty’. He supported non- Classical liberalism is based on a interference of socio-political system for belief of ‘minimum government’. In the protection of liberty. Mill also pointed such a system, the role of the state out the correlation between the freedom is limited to the maintenance of law of thought and the freedom of action. He and order along with personal promoted freedom of thought for the security. development of an individual as negative Modern liberalism propounds the liberty. But he also calculated the impact importance of the state. State of any action on society. He argued that intervention through welfare policies if any action can qualitatively impact on can therefore enlarge liberty by the society rather than an individual; then safeguarding individuals from the in such a situation Mill rejects the idea social evils. of negative liberty. Therefore Mill’s Neoliberalism has a strong belief in concept of negative liberty is different free market economies and from Isaiah Berlin. individualism. Key neoliberal policies According to Isaiah Berlin, freedom include privatisation, spending cuts of action is negative liberty. As per this in welfare schemes, tax cuts for principle, opportunity to act is important corporate among others. while the action itself is secondary. Negative Liberty : Negative liberty According to him, the impact of action is emerged from classical and neoclassical not considered important and hence it is liberalism. Thoughts of J.S. Mill, Isaiah not measured. Therefore, this principle Berlin, Fredrick Hayek and Robert Nozick does not give importance to quality. For have explained negative liberty. Negative example, this concept does not make a liberty opposes all restraints on liberty. It qualitative difference between choosing believes that the State should not interfere one’s education, profession, or suffer in the life of an individual. Non deprivation. He would rather give interference of the State in the social and importance to give opportunity to do these economic life of an individual is a actions than the outcome of the action characteristic of negative liberty. Any itself. restriction on the freedom of an individual Isaiah Berlin has mentioned the endangers liberty. Therefore, Negative following features of negative liberty. liberty opposes force, terror, coercion and (i) Individual should have complete the interference of the State. freedom of choice. He should not 11  have restraints on choice of Positive Liberty : Positive liberty is alternatives. Opposition to such advocated by Rousseau and Herbert restraints is a feature of negative Marcuse. The concept of positive liberty liberty. has emerged from modern liberalism. The (ii) Negative Liberty is based on Neo- concept of negative liberty cannot liberalism appropriately explain the idea of liberty. Modern liberals have advocated that there Fredrick Hayek and Robert Nozick is a correlation between liberty, equality, have also explained the concept of justice, fraternity and collective interest. Negative Liberty. Fredrick Hayek was a They also state that liberty affects equality neo-liberal thinker and an individualist. and justice. He described liberty as a hurdle-less situation. He opposed state interference in Positive liberty believes that law an individual’s life. He advocated guides an individual. It helps an individual economic freedom. According to him to enrich his personality. Rousseau has economic freedom is true liberty. There put forth the concept of Positive liberty should not be any control or restriction because he believed that the obedience to on true liberty. moral laws will enhance liberty. He accepted rational collective interest of the society. State is a sovereign power which represents the ‘General Will’ hence he supports the idea of state control over individual. Herbert Marcuse was a neo-Marxist thinker. He advocated positive liberty. According to him Friedrich Hayek Robert Nozick workers are unaware (1899-1992) (1938- 2002) an Anglo-Austrian an American of their objectives philosopher philosopher. and needs, hence for achieving liberty Robert Nozick is also a neo-liberal they need guidance thinker. He believed that whenever any from senior restriction is put on an individual without revolutionaries. his consent, his liberty is at risk. He Marcuse has advised that liberty should be protected explained his Herbert Marcuse from such restrictions. Hence, he suggested thoughts about (1898-1979) a German- that individual should be free from social, positive liberty in American philosopher. economic and State restrictions. his books, ‘One Dimensional Man’ and ‘Eros and Isaiah Berlin’s statement on Civilisation’. He said, “Scientific and Negative liberty : ‘I am slave to no technological development, has increased man’. standard of living but has not reduced Isaiah Berlin’s statement on inequality in society”. This has obstructed Positive liberty : ‘I am my own master’. cultural development of the society. 12 Therefore according to him, American individuals faced a sense of society has lost individual liberty and subordination in social life. An end self-esteem. He argues about positive to this subordination is another liberty that an individual is like a bird in dimension of liberty. For example, a golden cage; who has lost the ability ending of humiliation and insult, to fly high in the sky. He does not even gender inequality, superiority- think of rebelling as he has not experienced inferiority complex. They also the joy of freedom. He advocates collective suggested liberation of lower castes control as essential in community life, as from the domination of the upper a principle of positive liberty and hence castes as an essence of liberty. supports State interference. For example, in order to maintain a pollution free environment, collective action for community good is required. Therefore, use of force is justified for community well-being. Indian Concept of Liberty In India, Liberty is understood as Mahatma Jyotirao Phule Dr. Babasaheb Ambedkar emancipation. Traditionally, this is a (1827-1890) (1891-1956) spiritual idea, salvation or emancipation an Indian social activist an Indian jurist, economist and a thinker and social reformer from the cycle of birth and rebirth is considered as liberty. However, in modern times, liberty is understood as liberation (iii) Mahatma Gandhi accepted the concept from social constraints. of Swaraj as liberty. He spelt this out in During British India, the concept of his work, ‘Hind liberty was accepted in three ways, Swaraj’. The term (i) The British made some laws for Swaraj implies a protection of individual’s rights and combination of two liberties. For example, law of abolition ideas: Self (Swa) and of Sati system. The British propagated Rule (Raj). Swaraj and promoted western education means Self-Rule. His which introduced western idea of Mahatma Gandhi concept of Swaraj liberty in India. This influenced the (1869-1948) Leader of the Indian was comprehensive. social reformation and Indian freedom Independence movement Mahatma Gandhi did struggle in India. not accept Swaraj (ii) Mahatma Phule and Dr. Babasaheb only as freedom from British rule but Ambedkar spelt out various dimensions also as freedom from western cultural of liberty in India in the context of domination. Swaraj would mean a Indian society. Firstly, liberty means freedom from the trampling of freedom from caste inequality. humanitarian values. This concept Secondly, freedom from social gives more importance to self- constraints was also an important governance, self-discipline and human dimension of liberty. Similarly, some values. 13  Rights to hold public office and right In order to live, a person must have to criticise and oppose the some rights. Similarly, in order to develop government. Political rights are his personality to the best possible extent, normally available to citizens he must have some particular rights. in a democratic state. Harold Laski defines rights as ‘those conditions of social life without which no Preamble to the American man can seek, in general, to be himself Declaration of Independence at his best’. We hold these truths to be self- Rights can be classified as follows: evident, that all men are created equal, that they are endowed by their (i) Natural rights: Natural rights are Creator with certain unalienable parts of human nature and reason. Rights, that among these are Life, These are universal in character. The Liberty and the pursuit of Happiness. right to life and liberty are some examples of natural rights. Human Rights (ii) Moral rights: These rights are based on the conscience of the individual Every human being by virtue of being and the community. For example, a human being enjoys certain fundamental respect for a teacher or an elderly rights. These are called Human Rights. person is a moral right of that We are born with these rights, no one person. can take away these rights from us. These rights are not conferred by a ruler or by (iii) Legal rights: These are granted by the society, these rights are inalienable. the State to the people. They are Human rights are natural rights. They are usually enumerated or codified in related to the concept of Justice. These law. These rights are not universal, rights are universal in nature and are different countries with different given to all humans without any social governments would specify what discrimination. Human beings need these rights the people of that country have rights for development of their abilities, been granted. Legal rights are intellect and skills. Similarly, these rights enforced by law. are necessary to uphold human dignity Legal rights are of two types: and values. (a) Civil Rights: These rights relate Human rights include right to life, to the person and property of right to livelihood and freedom of the individuals. Right to life, expression along with the right to establish liberty, equality and property an organisation. These rights are dynamic, are civil rights. Civil rights are they develop with changing times, hence protected by the state. today we not only speak about civil and (b) Political Rights: These allow political rights but also discuss about people to take an active part in right to information and right to pollution the political process. These free environment. rights include right to vote, United Nations created the Universal right to contest elections, right 14 Declaration of Human Rights (UDHR) on 10th December 1948. This declaration tries Do you know ? to combine natural and civil rights and also includes the principles which are Right to Education was introduced essential for mankind like liberty, equality, as a Fundamental Right by the justice and fraternity. Constitution (Eighty-sixth Amendment) Act, 2002. This was implemented from 2010. Do this ! Make a list of the human rights enumerated in the Universal Do you know ? Declaration of Human Rights. The Right to Property was a Fundamental Right in the Indian The implementation of human rights Constitution. The Constitution (Forty- requires favourable social, political and fourth Amendment) Act, 1978 economic conditions. Since it is difficult removed this right as a Fundamental to implement these rights, we find that Right and introduced the Right to human rights are violated in the world. Property as a Statutory Right in African Americans are struggling to get Article 300A. an equal social status in the United States. India continues to experience caste-based discrimination. Women and children are The Constitution of India combines in a vulnerable condition and they appear both, the concept of Positive and Negative to be deprived of the rights granted in the Liberty. Article 19 of the constitution of Universal Declaration of Human Rights. India deals with different types of liberty while Article 21 spells out the limitations on liberty. According to Article 21, no Activity : Discuss and make a person shall be deprived of his life or note of examples of human rights personal liberty except according to violations. a procedure established by law. This article does not make any exception or Concept of Liberty and Rights in pre-condition for attainment of liberty and the Constitution of India thus gives individual freedom the status Part III of the Indian Constitution of human rights. Consequently, both spells out the Fundamental Rights of Indian citizens and foreigners may enjoy Indian citizens. The constitution the Right to Life. guarantees the following fundamental Indian judiciary has interpreted the rights: meaning of rights and liberty in its Right to Equality various judgements. These interpretations Right to Freedom become important in the actual Right Against Exploitation implementation in the concept of liberty. Right to Freedom of Religion For example: Cultural and Educational Rights In the 1963 ‘Kharak Singh vs The Right to Constitutional Remedies 15 State of Uttar Pradesh’ case, the Discuss Supreme Court upheld the Right to Movement throughout the territory of When we discuss human rights India. in the Indian context what is more In the 1981 ‘Francis Coralie Mullin important? vs Union Territory of Delhi’ case, Political and civil rights OR right the Supreme Court spelt out a more to food, shelter, clothing, health and comprehensive meaning of liberty. It education? interpreted the Right to Life as the Right to live with dignity. This Discuss included nutritious food, clothing, and shelter, freedom of expression Read the following. and freedom of movement as - I clean my house daily and throw fundamental rights. the garbage on the road. In the 1984 ‘Bandhua Mukti Morcha - I take photographs of foreign vs Union of India’ case, the Supreme tourists without asking their Court interpreted Article 21 in the permission. context of Directive Principles of - Some patrons smoke in the cinema State Policy. The Court included theater. health care for workers, protection to Discuss each of these statements children from physical abuse, in the context of the Right to Liberty opportunity and facilities for in the classroom. development, good education facility, maternal care and healthy working conditions as dimensions of the Do this : Find out various concept of liberty. Supreme Court cases that have In the 1989 ‘Ramsharan vs Union of focused on the rights and liberty of India’ case, the Supreme Court again Indian citizens. Discuss them in the interpreted article 21 in a wider classroom. context. The court included the protection of tradition, culture and legacy which give meaning to life as In this chapter we have seen the concepts of liberty. meanings of Liberty and Rights and also tried to understand them in the context of In the 2017 ‘K. S. Puttaswamy vs. India. In the next chapter we would be Union of India’ case the Supreme looking at two other concepts, Equality Court has declared that the right to and Justice. privacy is a fundamental right under the Constitution of India. Recently, the Supreme Court has included clean and pollution free water and air as aspects of liberty. 16  Exercise 1. (A) Choose the correct alternative and 3. State whether the following statements complete the following statements. are true or false with reasons. 1. The book, ‘On Liberty’ was written Legal rights are not universal. by. 4. Explain co-relation between the (Robert Nozick, Thomas Hobbes, following. J.S.Mill, Isiah Berlin) 1. Concept of Liberty by Thomas 2. The concept of Swaraj was spelt out Hobbes and John Locke by. 2. Constitution of India and Librety (Mahatma Gandhi, Mahatma Phule, Dr.Ambedkar, Dr.Rajendra Prasad) 5. Answer the following. (B) Complete the following sentence by 1. Explain Mahatma Gandhi’s idea of using appropriate reason. liberty. According to Jeremy Bentham, the 2. Discuss the concept of Human Rights. State should not bring any obstructions 3. Explain Isiah Berlin’s concept of in liberty because - Liberty. (a) State does not give liberty. 6. Answer the following in detail with (b) individual knows how to protect reference to the given points. his own interests. Elaborate the concept of Rights - (c) liberty is a hurdle-less situation. (a) Meaning (C) State the appropriate concept for (b) Natural Rights the given statement. (c) Moral Rights 1. Fundamental right introduced in (d) Legal Rights Constitution of India by 86th (e) Human Rights Amendment - Activity : 2. Rights based on the conscience of Make a list of Civil Rights in India. the individual and the community - 2. Complete the concept map. Rights to equality Fundamental Rights in Indian Constitution Cultural and Education Rights 17