The Right to contract

The Right to contract

A contract is an agreement between two persons or parties, imposing obligations on each other for reciprocal advantages, called considerations in the language of law. The contract must be honestly executed, otherwise economic life and enterprise would be disrupted. Hence the State grants the freedom and right of contract. But, like other civil freedoms, the freedom of contract is also not an unlimited right. The State forbids such contracts which are immoral or dangerous to the security of the State. The Individualists of the 19th century believed the freedom of contract to be unlimited. This led to misery and injustice to the working classes. The State now assumes the duty of regulating the freedom of contract so as to protect the interests of the weaker party, e.g., the workers viz-a-viz their employers, or servants viz-a-viz their masters.

Right to Family Life

Family is mainly a private affair of the members of a family group. Law grants several family rights, as the right to marry without any legal restrictions in the choice of one’s partner, the right to divorce and the right of wife to be maintained by her husband and of the children by their parents, the right of inheritance, etc. In this way the State regulates family life. The institutions of marriage and family are so essential for the happiness of the individuals, young or old, men or women, children and adults, and also for the social and economic relationships and progress, that the State must carefully regulate and safeguard them. It is, moreover, essential for modem life and progress that the family life should be so regulated as to provide liberty and equality to women with men. It means the State should prohibit polygamy and institute monogamy so that unequal relations may not prevail in family life.

Right to Equality before Law

It is derived from the right to justice. It means that all citizens, regardless of differences of wealth, social position, etc, should be equally protected by law.

 

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