shine india monthly magazine subscription Rights
are precursors to Duties: Without basic dignity and fulfillment of rights,
individuals can’t perform their duties. ○ E.g. Without fulfillment of the Right
to education, duties of respecting others rights, social justice, gender
equality etc. are difficult to expect. Different legal status: Justiciability
is a key feature of rights. Rights can be enforced through writ of the court or
remedy can be sought. But duties are non-enforceable. They only guide or aid to
interpret constitutional and legal issues (AIIMS Students Union v. AIIMS,
1983). Provide a potential leeway to State from its responsibilities: Protection
of Rule of law and human rights is a state responsibility for which it enjoys
special powers under laws. E.g., non-fulfillment of duties cannot be given as a
reason for non-enforcement of rights. Risks of subordination: In a democracy,
the fundamental unit of the constitution is an individual. Equal focus on
duties carries risk of individual subordination to collective will. Vague and
Subjective Nature: Another issue is the vague nature of duties and its clash
with certain religious principles. E.g., the noble ideals of our freedom
struggle cover a wide diversity and at times conflicting interpretations with
other principles.shine india monthly magazine Way Forward To preserve human rights and dignity, a minimum
balance alongside independent application should be maintained by- State accepting
its primary responsibility for the promotion and protection of human rights
irrespective of fulfillment of duties by citizens. Meeting the minimum core
rights of each citizen such as the ESC right of individual to ensure an
adequate standard of living before any duties. o Independent Human Rights
Institutions for monitoring State institutions(police, judiciary or civil
administration) on fulfillment of their obligations to protect human rights and
prevent violations. Deepening the roots of democracy to address the fundamental
issues of inequality, intolerance etc. based on caste, creed, religion, region
etc. minimizing risks of subordination of rights and maximizing the possibility
of fulfillment of duties. Creating a basic charter for people to cultivate
constitutional morality and create responsible citizens. As Article 29 (1) of
the Universal Declaration of Human Rights says, “Everyone has duties to the
community in which alone the free and full development of his personality is
possible” shine india monthly magazine telugu
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