The rights epidemic

Legislature and judiciary take right-based approach to absurd length

prasanna

Prasanna Mohanty | April 27, 2012



It's raining rights these days. Every government, at the centre and in the states, is passing more and more laws guaranteeing rights to the citizen. Even the judiciary has joined the race, expanding the ‘fundamental rights’ beyond what the constitution envisaged or mandated. Recall how the apex court said recently that right to sleep is also a fundamental right!

Never mind if these rights are not enforced. At least we should be happy that we have a growing list of rights. What, however, is worrisome is the absurd length to which the legislature and judiciary have gone.

Take the example of Rajasthan. On Thursday, the state government passed a “right to hearing” law, called Rajasthan Right to Hearing Act, 2012, bestowing a right of hearing on any grievance or complaint relating to governance within a stipulated time. The state government rightly claimed that this was “first for any state in India”.

A few months ago, the same government had passed a right to services law, called Rajasthan Public Service Guarantee Act, 2011, guaranteeing the right to a plethora of services in a time bound manner - electric connections, correction of electricity bills, verifications for passport, license renewal, disability certificate, post-mortem report, driving licence, water connection, maintenance of hand pump, making available copies of land record, transfer of agricultural land, conversion service, caste certificate, original residence certificate, birth and death certificate, marriage registration certificate and so on.

Taken together, the right to hearing law is a law to guarantee that the right to services law is implemented because the complaints about governance is essentially complaints about absence or negligence in matters relating to government services.

Here is a minor detail. The right to services law was notified for implementation from November 14, 2011. Which means, in five months’ time the state has not only realized that the earlier right-based law has failed, it worked on a fresh legislation and got the assembly to debate and pass it. If not for quality of governance, at least there is reason to believe that the Rajasthan government is double quick in responding to the needs of better governance.

But what happens if the right to hearing fails? Maybe, soon we will hear another right-based law from the state.

Incidentally, last year the state had passed a right to education law too.

Take another example. Two years ago, the Assam government passed a right to health law, called Assam Public Health Act 2010. Apart from guaranteeing health service, it promised nutritionally adequate food, drinking water, housing and sanitation.

Two years later, this law is yet to be implemented. The official explaination is that the state is yet to set up a corpus to implement it in 2010-11 and 2011-12. This year’s budget too has not set aside a sum. This fund is a pre-requisite to provide necessary infrastructure and also pay compensation to people in case the state fails to honour their right.

The race for right-based laws was started by the UPA I. It passed a right to information law, a right to education law, a right to forest land and trees law and a right to employment law. A right to food law is pending with parliament at the moment.

The absurdity of it all will be obvious when you consider what the judiciary is up to. Read the supreme court’s pronouncement in connection with a mid-night raid by the Delhi Police on Baba Ramdev and his sleeping supporters in the Ramlila grounds last year. While blaming everyone concerned for the incident, the apex court in order of February 2012 said: “Deprivation of sleep has tumultuous adverse effects. It causes a stir and disturbs the quiet and peace of an individual's physical state. A natural process which is inherent in a human being, if disturbed, obviously affects basic life.

"It is for this reason that if a person is deprived of sleep, the effect thereof, is treated to be torturous. To take away the right of natural rest is also, therefore, violation of human rights. It becomes a violation of a fundamental right when it is disturbed intentionally, unlawfully and for no justification.”

Extend the logic. Even the right to answer nature’s call should also be a fundamental right. Right?

Comments

 

Other News

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Vasudhaiva Kutumbakam: How to connect businesses with people

7 Chakras of Management: Wisdom from Indic Scriptures By Ashutosh Garg Rupa Publications, 282 pages, Rs 595

ECI walks extra mile to reach out to elderly, PwD voters

In a path-breaking initiative, the Election Commission of India (ECI), for the first time in a Lok Sabha Election, has provided the facility of home voting for the elderly and Persons with Disabilities in the 2024 Lok Sabha elections. Voters above 85 years of age and Persons with Disabilities (PwDs) with 4

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter