Rights have duties

The proliferation of rights and dilution of corresponding duties has been a cause for concern. One response was the Forty Second Constitutio...

The proliferation of rights and dilution of corresponding duties has been a cause for concern. One response was the Forty Second Constitutional Amendment which incorporated certain fundamental duties of citizens in Article 51-A of the constitution. The concept of duties of citizens was not a new fangled idea. Our ancient rishis and sacred texts emphasise the importance of duties. The Bhagawad Gita says 8216;8216;Your duty is your right8217;8217;. Gandhiji summed it up: 8216;8216;I learned from my illiterate but wise mother that all rights to be deserved and preserved come from duty well done8217;8217;.

Einstein stated 8216;8216;Every day, on hundred occasions, I remind myself that my mental and physical life depends on the toil of other persons, living or dead. So I must try to repay whatever I have received and am receiving8217;8217;. Walter Lippman, the philosopher journalist, was emphatic that 8216;8216;For every right that you cherish you have a duty which you must fulfill. For every hope that you entertain, you have a task you must perform. For every good that you wish could happen8230; you will have to sacrifice your comfort and ease. There is nothing for nothing any longer8217;8217;.

Article 291 of The Universal Declaration of Human Rights 1948 UDHR, regarded as the Magna Carta of mankind, declares that 8216;8216;everyone has duties to the community in which alone the free and full development of his personality is possible8217;8217;. It is interesting that the American Declaration of Rights and Duties of Man, May 2 1948, which predated the UDHR, has two chapters. One chapter enumerates rights and another mentions duties. The preamble to this declaration contains a fine exposition of the correlation between rights and duties: 8216;8216;The fulfillment of duty by each individual is a prerequisite to the rights of all. Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty. Duties of juridical nature presuppose others of moral nature which support them in principle and constitute their basis8217;8217;. One of the duties mentioned is the duty to society. The African Charter of Human and Peoples Rights of June 1981 also has a separate chapter on duties of individuals. 8216;8216;Every individual shall have duties towards his family and society, the State and other legally recognised communities and the international community8217;8217;.

The thinking that every right gives rise to a corresponding duty has acquired increasing acceptance. The Inter-Action Council comprising of eminent persons proposed to the UN a draft 8216;8216;A Universal Declaration of Human Responsibilities8217;8217; on September 1 1997. The basic premise is that freedom without acceptance of responsibility can destroy the freedom itself, whereas when rights and responsibilities are balanced, freedom is enhanced.

If we closely examine our constitution, especially Part III which guarantees certain Fundamental Rights, it would appear that every right is coupled with a duty. Duties are implicit in Article 19 which guarantees fundamental freedoms to citizens. Indeed that is the rationale of the various sub-clauses of Article 19 which permit imposition of reasonable restrictions in public interest on the exercise of fundamental rights.

Article 51-A lists ten fundamental duties. Each has a distinct role and importance in our polity. One of the duties specified in Article 51-Ae reads as follows: 8216;8216;to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities8230;8217;8217;

At present, when fanaticism and bigotry stalk our land, utmost importance should be given to this duty. Intolerance stems from an invincible assumption of the wisdom and infallibility of one8217;s beliefs and the mind set which regards any questioning of these cherished beliefs as pernicious and subversive. We talk eloquently about freedom of speech and expression but freedom for the thought we hate is noticeably absent. Freedom to dissent which is a prerequisite of democracy is under siege. Religious strife and communal disharmony are generated by propagating stereotypes and prejudices. Ancient historical events are resurrected for that purpose.

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Our people are steeped in superstition. Irrational beliefs, practices and customs are pervasive. Priests and pujaris and soothsayers thrive on superstition. Rational dispassionate thinking and the spirit of inquiry has taken a back seat. These phenomena need to be countered by implementing the fundamental duty listed in Article 51-Ae of developing a scientific temper and the spirit of inquiry and reform.

It is debatable whether fundamental duties by themselves are justiciable and can be directly enforced in a court of law. Perhaps our Supreme Court may, by innovative interpretation, make certain duties partly justiciable by infusing them into some Directive Principles and gradually incorporating them in the Fundamental Rights. But that is 8216;8216;a perpetual possibility only in a world of speculation8217;8217;.

What is urgently needed is the creation of a citizenry conscious of their rights and duties. Measures must be adopted by the Union and state governments to promote an awareness of constitutional rights and responsibilities among citizens and to sensitise them to the values embodied in our constitution.

The Justice Verma Committee on Fundamental Duties of Citizens has rightly observed that 8216;8216;The desired enforceability can be better achieved by providing not merely for legal sanctions but also combining it with social sanctions and to facilitate the performance of the task through exemplar, role models8230; The real task, therefore, is to devise methods which are a combination of these aspects to ensure a ready acceptance of the programme by the general citizenry and the youth, in particular8217;8217;. Value based education has to play a pivotal role in this field. The importance of fundamental duties must be emphasised at all stages of education. This is essential for preparing the younger generations for assuming their roles as responsible citizens. And youth, who still retain some idealism, are our best investment and ultimate hope in a society which knows the price of everything but the value of nothing.

The writer is former attorney general for India