Classification Of Rights

Rights are, broadly, divided into moral and legal rights. The legal rights are further divided into civil and political rights.

Moral Rights

A claim which is recognised by the moral sense of the people and backed by their opinion is called a moral right. Moral rights are based on our sense of morality or justice. They cover our whole conduct and refer to nil those actions and forbearances which is our moral duty to perform and uvoid. For instance, it is a moral right of an aged father to be maintained by his son, or of a wife to be kindly treated by her husband or of a man to be treated decently by others. A moral right differs from the legal right in respect of its enforcement. It is not enforced by law, that is, the State. A son cannot be forced by law to maintain his aged father if he neglects him or the husband cannot be forced to live with his wife if he does not or a man cannot be forced by law to be polite and decent towards others. Nevertheless, moral rights are the sources of legal rights. What is morally recognised by a people often becomes legally so.

Legal Rights

A legal right is a privilege enjoyed by a citizen against other citizens, associations or government, recognised by the State and upheld by its authority and laws. If it is violated or interfered with, the courts protect it by punishing those who do so or by compelling them to fulfil their corresponding duties. Laws are the Statements of legal rights and duties, and the courts are their custodians the coercive power of the State is the sanction or guarantee of the rights. This is the basic difference between legal and moral rights. Legal rights are of two kinds, civil and political.

Civil Rights

 The rights which concern the life and property of the citizens are called civil rights. Without them civilised life is impossible. They provide opportunities to the citizens to seek happiness, and develop their personality. The content of civil rights varies with time and place. They are guaranteed against other individuals, associations and the government. They are the rights to life and property, freedom of speech, press, of association, of religion, the right to family relations, etc.

Political Rights

 Political rights are those by which the citizens are able to participate in the formation of the government and in the administration of the State. These rights are not granted to the aliens. Even the citizens enjoy them fully in a democratic form of State. They consist of the right to vote, the right to hold a public office, the right to be elected, etc. They should not be denied on grounds of sex, race, religion, property, etc.

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