Q. What is right in the wider sense? Critically examine the concept of liberty and power. [20 marks - 2023]
Right in Wider Sense
In the wider sense, a right can be defined as liberty, power, or immunity. In a legal sense, a right is an interest that is recognized and protected by the state and can be enforced through the court of law. However, in a wider sense, legal rights do not necessarily correspond with duties. In this sense, a legal right can be defined as any advantage or benefit that a rule of law confers upon a person.
Concept of Liberty
Liberty may be defined as positive and negative liberty.
Negative liberty:
Liberty in negative sense means absence of restrictions. People were acting in such way that they got the license of doing so. Negative liberty is not accepted by the society as only the strong one could enjoy it. Many people are denied from the opportunity on the basis of societal factors.
Positive liberty
Positive liberty means freedom with certain restrictions which is necessary for the good of the society. These restraints are necessary so that everyone irrespective of the caste, creed, gender or any other societal factors which restrict a common man could enjoy the liberty. Positive liberty is happily accepted by the society and no person is denied to enjoy the opportunity.
Nature of Liberty
(a) Liberty doesn't imply that freedom without any restrictions. It means that an individual cannot do the unreasonable things or act which is not good for the society.
(b) Liberty means the presence of such favorable conditions which is necessary for the enjoyment of the rights of and individual and the development of his personality.
(c) Liberty is the freedom to do anything but that act or things must be considered by the state.
(d) It is the Liberty which provides enormous opportunities to all and to use their rights.
(e) Law is considered as an essential to maintain the conditions which are necessary for the enjoyment of liberty.
(f) Liberty got the priority just after the right to life.
Types of Liberty
1. Natural Liberty
Natural liberty means natural freedom of an individual without any restrictions. It is justified on the ground that since man is born free, he is to enjoy freedoms as he wills. Any kind of restrictions negates his freedom. It is believed that man has got the liberty from the nature.
2. Civil Liberty
Civil liberty is the one which is followed by the society and each individual enjoy it. It has some restriction based on the laws and rule and the people can enjoy it only under those restrictions. Civil liberty is not unrestrained. It is imposed by the state and it is just opposite of natural liberty.
Features of Civil Liberty:
(i) State guarantee: State by its laws guarantees the enjoyment of the liberty by everyone.
(ii) Protection of rights and freedom: Civil liberty protect the violation of rights of the people.
3. Political liberty:
Political liberty is related to the enjoyment of liberty in politics by the people. People have the freedoms like right to vote, right to contest elections, right to criticise, and oppose the government and right to change the government through constitutional means.
4. Individual liberty:
Everyone has got the fundamental rights and he/she can use it frequently but there are some restraints so that unlawful activity not happen.
Individual liberty is the enjoyment of his/her opportunity and desires, but in such a way that it would not restraints others liberty.
Individual freedom includes right to personal liberty, freedom of speech, freedom of conscience, freedom of residence, freedom to choose any religion.
5. Economic liberty:
Economic liberty related to the people who are suffering economically like people are mainly from backward classes and they are suffering from hunger, starvation and unemployment.
6. National liberty:
Freedom from each and every thing is national liberty. The liberty is defined itself as a Nation as well as its citizen. National liberty includes
(i) To have its own constitution
(ii) To form own government without any restraints.
(iii) Policies and programmed must be own and must be accepted by the people freely.
(iv) To enjoy independence.
(v)No external control.
6. Religious liberty:
Everyone has liberty to profess religious on which he believes. No one can force anybody to profess a particular religion. It is the duty of the state to protect and provide a religion equal status in the society.
7. Moral liberty:
Moral liberty states that freedom to choose to do the right things according to his own will. An individual is free to do such things which have moral values. Moral liberty is responsible for the people that how they live in the society means either with the harmony and peace or with a violence.
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