The development of a democratic society is centered around the expansion of civil, political, economic and cultural rights, which lead to the empowerment of the people. Democratic nations respect individual and group rights for ethical and vital reasons. Duties, both legal and moral, are nurtured to reinforce those rights. The obligations of the individual to the collective must be understood in that context; Rights and duties complement each other, as with freedom comes responsibility. Prime Minister Narendra Modi sought to suggest a dichotomy between citizens’ rights and duties when he said last week that the country has wasted a lot of time “fighting for rights” and “neglecting its duties”. . His speech was not the first time he or other Hindutva heroes had called for duties to precede rights over rights. The service and sacrifices of the unsung and unmatched nation-builders formed the basis of the modern Indian Republic, but their sacrifice was really for rights, dignity and autonomy. Any notion of rights and duties being adversarial or hierarchical is sophisticated. The Indian Constitution ensures equality and liberty as fundamental rights as well as the right against exploitation, freedom of religion, cultural and educational rights and the right to constitutional remedies. Rights have expanded with the deepening of Indian democracy – education, information, privacy, etc. are now legally guaranteed rights. The loyalty of the state to these rights is the least. Citizens in general are duty bound to defend the integrity and sovereignty of the country, and the same is true for India, although there is no enlistment. Other constitutional duties required include promoting harmony and brotherhood and developing scientific temper, humanism and spirit of inquiry.
Emphasizing duties over rights in state policy would be absurd and would be detrimental to many for whom the realization of fundamental rights is still in progress. An enlightened citizen is vital for progress and good governance. But duty is not something that citizens owe to the state. The obligation of individual citizens to the collective pursuit of the nation can be meaningful when their rights are guaranteed by the state. The citizen has the right to use the public road, and the duty to obey the traffic rules. Rights and duties are meaningful only in conjunction. The Prime Minister’s comments come against this background – formal and informal restrictions on citizens’ rights are increasing with the coercive powers of the state. Along with the emphasis on rights, the emphasis on duty also raises the specter of a lineage in pre-Republican norms in social relations. India’s celebration as a traditionally duty-driven society carries with it the inevitable connotation of an exploitative division of labor and conflicting norms of constitutionalism. Needless to say this is not progress.
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