UPSC MainsPHILOSOPHY-PAPER-II201212 Marks150 Words
Q6.

Can we dissociate rights of citizens from their duties ?

How to Approach

This question requires a nuanced understanding of the relationship between rights and duties within a political and philosophical framework. The answer should avoid a simplistic 'yes' or 'no' response. It needs to explore the historical evolution of this relationship, the philosophical underpinnings (like social contract theory), and the practical implications for governance. Structure the answer by first defining rights and duties, then examining arguments for their interdependence, followed by potential scenarios where dissociation might seem possible, and finally, a balanced conclusion emphasizing their essential connection. Referencing relevant constitutional provisions and philosophical thought will strengthen the response.

Model Answer

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Introduction

The concept of rights and duties forms the bedrock of any just and well-ordered society. Rights, often understood as entitlements inherent to individuals, are frequently juxtaposed with duties, which represent moral or legal obligations. Historically, the debate has revolved around whether these two are mutually exclusive or intrinsically linked. The Universal Declaration of Human Rights (1948) emphasizes inherent dignity and equal rights, but doesn’t explicitly detail corresponding duties. However, a purely rights-based approach, devoid of a sense of civic responsibility, can lead to societal imbalances. This answer will explore whether a complete dissociation of citizens’ rights from their duties is feasible or desirable, considering both philosophical and practical perspectives.

The Interdependence of Rights and Duties

The philosophical basis for linking rights and duties can be traced back to thinkers like Thomas Hobbes and John Locke. Hobbes, in his *Leviathan* (1651), argued that individuals surrender certain rights to the sovereign in exchange for protection and order, implying a duty of obedience. Locke, while advocating for natural rights, also emphasized the importance of fulfilling one’s obligations to society. This social contract theory suggests that rights are not absolute but are contingent upon the fulfillment of corresponding duties.

Constitutional Framework in India: The Indian Constitution, while primarily focused on fundamental rights (Part III), also outlines fundamental duties (Part IV-A) added by the 86th Amendment Act, 2002. This amendment explicitly recognizes the importance of duties alongside rights. Article 51A lists eleven fundamental duties, including respecting the Constitution, national flag, and national anthem, cherishing and following the noble ideals of the freedom struggle, and protecting public property.

Arguments for Dissociation

Some argue that rights are inherent and predate any notion of duty. This perspective, often associated with libertarianism, emphasizes individual autonomy and minimal state intervention. They contend that individuals should be free to exercise their rights without being burdened by excessive obligations. Furthermore, the concept of negative rights – rights *against* interference – suggests that the primary duty of the state is to protect these rights, rather than impose duties on citizens.

Practical Implications of Dissociation

However, a complete dissociation of rights from duties can have detrimental consequences. Consider the following:

  • Erosion of Social Order: A society where individuals demand rights without acknowledging responsibilities can become chaotic and unsustainable.
  • Increased Burden on the State: If citizens do not contribute to the common good, the state is forced to shoulder a disproportionate burden in providing welfare and maintaining order.
  • Inequality and Injustice: A purely rights-based approach may exacerbate existing inequalities if those with greater resources are able to exercise their rights more effectively than those who are disadvantaged.

Balancing Rights and Duties

The ideal scenario is not a complete dissociation but a harmonious balance between rights and duties. This requires:

  • Civic Education: Promoting awareness of both rights and duties among citizens.
  • Responsible Governance: Ensuring that the state fulfills its duty to protect rights and provide essential services.
  • Accountability: Holding individuals accountable for their actions and ensuring that they fulfill their obligations to society.

Example: Taxation: The right to benefit from public services (education, healthcare, infrastructure) is linked to the duty to pay taxes. Without the latter, the former becomes unsustainable.

Rights Corresponding Duties
Right to Freedom of Speech Duty to not incite violence or hatred
Right to Education Duty to attend school and respect teachers
Right to a Clean Environment Duty to not pollute and conserve resources

Conclusion

In conclusion, while philosophical arguments exist for prioritizing inherent rights, a complete dissociation of rights from duties is neither feasible nor desirable. Rights and duties are two sides of the same coin, mutually reinforcing and essential for a just and stable society. The Indian Constitution’s inclusion of fundamental duties underscores this principle. A balanced approach, emphasizing civic responsibility alongside the protection of individual liberties, is crucial for fostering a harmonious and progressive nation. Strengthening civic education and promoting a culture of accountability are vital steps towards achieving this balance.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Fundamental Rights
Basic human rights guaranteed to all citizens by the Constitution of India, enshrined in Part III (Articles 12-35).
Negative Rights
Rights that require others to refrain from certain actions, such as the right to life, liberty, and property. They focus on freedom *from* interference.

Key Statistics

As of 2023, the National Legal Services Authority (NALSA) provided legal aid to over 1.7 crore people in India, highlighting the importance of access to justice as a fundamental right.

Source: NALSA Annual Report, 2023

According to the National Crime Records Bureau (NCRB) data (2022), there were over 4.5 lakh cases of crimes against women in India, highlighting the need for effective enforcement of rights and duties related to gender equality and safety.

Source: NCRB Crime in India Report, 2022

Examples

Right to Information Act (RTI)

The RTI Act, 2005, exemplifies the exercise of a right (access to information) coupled with a duty on public authorities to provide that information, promoting transparency and accountability.

Frequently Asked Questions

Can fundamental duties be enforced by courts?

While fundamental duties are not legally enforceable in the same way as fundamental rights, the courts have held that they should be taken into consideration when interpreting laws and resolving disputes. They serve as a moral guide for citizens and lawmakers.

Topics Covered

PolityGovernanceFundamental Rights, Fundamental Duties, Constitution