My Right to Have Rights

My urge to discuss this topic arose from my own experiences, where someone I know joked inappropriately with me and commented sleazily at another person in my presence. On informing them about my discomfort, I was informed that they were simply joking, that I don’t have a sense of humour, they didn’t mean any offence and it's their right to speak their mind at the least. On countering them, a few of them also reminded me that they are not responsible for what I’m thinking and feeling! After these enlightening opinions, they continued with these regressive gestures.

The Lok Sabha Elections were going on in India until 1st June. Everyone used their ‘Right to Vote’ to choose the new government. The results have been recently announced and the new government has been formed. New policies will be made and new ideas will be implemented for the Country’s development and growth. I want to address a different side to ‘Rights’ during this time, though it will seem like a cliche. From time to time, we all have witnessed the violation of our Rights - Human rights, Constitutional rights, Legal rights, Civil and Economic rights, Natural and even Social rights.

I’m sure some of you are feeling that I’m discussing something ‘trivial’ and wondering why I chose this as an example for a topic as robust as ‘Rights’. But, should it even be weighed as trivial? Knowing others who faced similar insults - be it a male or female colleague, friend, or family member - I wonder if anyone has the ‘right’ to be insensitive to another person. Knowing about our ‘Fundamental Right to Freedom of Speech’ is definitely important. But what if someone is exploiting their right to such freedom to hurt another Life?

On roads drivers park their cars blocking half the road, so that they can bargain and/or buy something from a street vendor from the comfort inside their cars. If I request them to park their car on the side a little distance up ahead and step out of the car to negotiate with the vendor rather than blocking and/or hindering the smooth movement for the rest of the traffic, they give me a cold shoulder or tell me to mind my own business. Are my rights and freedom not being violated this way?

Recently, the neighbouring RWA erected 2 loudspeakers on a pole facing the opposite surrounding areas convexly. They play festive music at different occasions at the highest volumes. Sometimes from as early as 8:00 am or till as late as midnight. So during such times, neither someone working in night shifts can get enough sleep in the morning. Nor aged people like my parents who preferably go to bed as early as 10:00 pm. To top this another RWA has joined their bandwagon to party, playing loud music (in the name of fun) way past midnight. Is this not an outright disrespect of others?

Under Sections 16 and 17 of the Air (Prevention and Control of Pollution) Act, 1981 no loudspeakers or public addressing systems shall be used during the night hours, i.e., between 10:00 pm to 6:00 am, even if it is for religious purposes. Does this reflect the mere use of the Freedom of Speech, or is this a misuse of the Right as allowed by the Constitution? While researching for this blog, I came across this news article which answered my question. Justice Bhagwati Prasad Banerjee, in his landmark judgment in 1996, had said - 

"Freedom of speech and expression includes, by necessary implication, freedom not to listen and/or to remain silent... One cannot exercise his right at the cost of and in total deprivation of others' rights."

Blocking roads for prayer meetings. A resisting victim silenced by murder. Pushing people around between desks in administrative offices without proper information about their query or advice to their problem. Someone from a ‘higher caste’ attacking, humiliating and violating a ‘lower caste’ just because psychologically it is believed possible. Someone with disposable wealth and hence the associated power, getting away with a crime or acquitted early from lack of evidence which have been tampered with to prove the powerful to be the natural victor. Someone's rightfully deserved rank, position or designation taken over, bought or snatched away using petty politics. An autonomous authority trying to silence other forthright voices, opinions and life experiences, so that a sleeping conscience can’t be awakened. A home snatched away without any adequate compensation or consideration, by government authorities just because it can be.

I'm sure there are many more incidents we all have faced in the past, are facing right now, and will keep facing way into the future. Should this blatant abuse of one's rights be endured? Our culture and the generations before us have taught us to tolerate. But for how long? On one hand, we have endured to the extent of being oppressed by our own countrymen for so long, that it now feels usual. Raising our voices to someone challenging or disregarding our rights seems like a hassle. For the ones who dare raise their voices against this blatant contempt find themselves alone, hiking an uphill climb, without any help or support of any sort from anyone. 

On the other hand, many of us have threatened and ignored someone else’s rights for our own selfish convenience for so long that it is now becoming a norm. It wouldn’t be long before the country is associated with such a culture. Considering the crimes and discriminations we bear testament against gender, caste, culture and region, would it be wrong to say that many of us follow, respect and/or disregard the fundamental rights of others according to our own political inclinations?

While growing up, learning new things about the world around me everyday, unsure of what to expect at the next moment, I was taught that no-one has the right to make me feel bad or insignificant at any juncture. In a situation where someone is trying to hurt me, I have the right to speak up and draw attention to such a misdemeanor. Of course it took me years to understand the meaning of this Frederic Farrar Quote -

Man's liberty ends, and it ought to end, when that liberty becomes the curse of its neighbours.

Let’s steer the conversation to something that is definitely of interest to us all… Yours and My Rights. Schools have ‘Fundamental Rights’ as part of their annual curriculum. We ought to know them, to know what we are free to do - as a Citizen of this fine country, as an Individual within the society and as a Human Being on this planet. So we study them within subjects like Social Studies, Civics, Value Education and Law, to understand how these rights impact our lives from different sides both by way of restrictions and allowances. However, eventually with time, barring a few which We feel are important for Us to conveniently survive, we choose to eliminate the rest of them from our conscious minds.

In review, there are 6 Fundamental Rights as mentioned in Articles 12 to 35 contained in Part III of the Indian Constitution consisting of :

• Right to Equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.

• Right to Freedom of Speech and Expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality).

• Right against Exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.

• Right to Freedom of Conscience and Free Profession, practice, and propagation of religion.

• Right of any Section of Citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice.

• Right to Constitutional Remedies for enforcement of Fundamental Rights.

But let’s be honest, who has the time (or the intention) to remember all of these by heart, or to keep tabs on another individual, investigating whether we are merely using our rights or misusing them by exploiting the loopholes and liberties to solely benefit ourselves? And so, because of the innate human sense we all are born with, we helplessly choose the convenient actions - we only take, expect to receive (or get) and get angry and/or offended when someone questions the validity of our desire of ownership.

We all face discrimination at one point in time during our lives - be it for our colour, caste, country, community or culture. Being shunned out or unconsidered. Being threatened to be killed or violated to be taught a lesson. Who else is a spectator other than the victim? Somehow most of the time during an argument involving a Right and a desire, one of the persons in such a conversation, incoherently remarks ‘Meri marzi’ [Translation: It’s my wish], establishing personal desire to be more superior to the human rights any individual has. Does this confidence also come from the rights we have? But which rights are being tested in this situation - a citizen’s rights or a human’s rights?

But as it’s said, ‘with great power comes great responsibilities’ (too). Here’s the Flip Side or (as will be for some of us) the boring stuff - The Fundamental Duties - as mentioned in Article 51 'A', contained in Part IV(A) of the Constitution - complement the Fundamental Rights and are elaborated as :

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

• To cherish and follow the noble ideals which inspired our national struggle for freedom;

• To uphold and protect the sovereignty, unity, and integrity of India;

• To defend the country and render national service when called upon to do so;

• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

• To value and preserve the rich heritage of our composite culture;

• To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures;

• To develop the scientific temper, humanism, and the spirit of inquiry and reform;

• To safeguard public property and to abjure violence;

• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement;

• Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.

Bored yet? I can understand if this feels preachy - not a little, but a lot! But have we taken a pause and thought why do we feel like that towards the duties we are meant to perform towards our own country and society? Germany and Japan citizens and government alike, in my opinion, love making rules and policies keeping in mind the rights and duties of their countrymen and then strictly following them to the letter. Why can’t we?

In the end, I believe that preserving everyone’s rights and addressing the duties are not only the government or countrymen’s responsibility alone. It's all of us - together. It is easy to believe in our Unconscious Perspectives that it is another’s responsibility and not ours. It is easier to point a finger at others and say, ‘if they follow the rules, I would too’, or ‘if they respect mine, I would respect theirs too’. 

Equality for all can only be achieved if we all find our own personal motivations to remain true towards bringing in a change for a better future, while still being aware of external conflicts, personal sacrifices and internal turmoils we may have to face in return. When we all unselfishly let go of our egos, pride, opinions of superiority and the expectation that we should have more convenience and ease in our own lives even at the cost of another’s rights, only then we will bring in a social shift for the greater good. Being more compassionate and considerate towards each other's rights and performing our duties - be it towards society, nature, law or the citizens - will only make us more Humane.