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LATEST NEWS UPDATES | India must recognise the right to a minimally decent life -Rajeev Bhargava

India must recognise the right to a minimally decent life -Rajeev Bhargava

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published Published on Jun 25, 2019   modified Modified on Jun 25, 2019
-The Hindu

Just as individuals are punished for legal violations, the government of the day must also be punished for the violation of these basic rights.

Three thoughts occur to me in the aftermath of the horrific tragedy in Muzaffarpur, Bihar, where the systemic failure of health care has killed over a hundred children. First, like the constitutional principle of a basic structure, it is time to articulate an equally robust doctrine of basic rights. Second, these basic rights must be viewed primarily as positive, rights not against interference from the state (negative rights) but to the provision of something by it. Third, just as individuals are punished for legal violations, the government of the day must also be punished for the violation of these basic rights. This punishment need not await the next round of elections but must be meted out immediately, by the law itself. In short, defaulting governments must be held legally accountable. The systematic violation of basic rights must be treated on a par with the breakdown of constitutional machinery.

A solid necessity

But what are basic rights? How are they different from other fundamental rights? Basic rights flow from basic needs such as physical security or subsistence. Needs are different from wants. You may want a chocolate every morning but don’t need it. Heavens won’t fall if you don’t get it. But basic needs are different: their non-fulfilment can cause great harm, even kill. The failure to get an antibiotic if you have a bacterial infection can hurt you very badly. Heavens will fall if you don’t get it! Moreover, wants are subjective; you cannot be mistaken that you desire that chocolate. But you may be misguided, even unaware of what you need. You may not be able to tell if you need an antibiotic because your mind can’t tell the difference between bacterial and viral infections. This determination is done by a more objective criterion. Needs depend on the way human bodies are constituted. They are a solid necessity; one cannot get on without them. Nor can they be fulfilled by substitutes. For us, nothing can take the place of water, food and air.

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The Hindu, 25 June, 2019, https://www.thehindu.com/opinion/lead/basic-needs-basic-rights/article28128689.ece?homepage=true


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