Right to a minimally decent life (The Hindu)

Mains Paper 2 : Polity
Prelims level : Not much
Mains level : Difference between basic and fundamental rights

Context

•  The aftermath of the horrific tragedy in Muzaffarpur, Bihar, where the systemic failure of health care has killed over a hundred children.
•  Here, the failure to provide basic rights to the citizens is called into question.

Significance

•  Here, like the constitutional principle of a basic structure, it is time to consider and analyze an equally best doctrine for conforming the provisions of basic rights implied in our law of the land.
•  These basic rights must be viewed primarily as positive rights not against interference from the state (negative rights) but as the need of providing it in its terms.
•  Also, just as individuals are punished for legal violations, the government of the day must also be punished for the violation of these basic rights.
•  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.
  Ideas discussed
•  A solid Necessity- When basic needs are not met, we feel vulnerable and helpless. Security and Subsistence- a right is something that is owed to us; it is not a favour. Thus, it’s providing security for maintaining Subsistence.
•  Vulnerability and Accountability-The right to make one’s vulnerability public, be informed about the acts of commission and omission of the government regarding anything that adversely affects the satisfaction of basic needs, to critically examine them and to hold state officials publicly accountable.

A solid Necessity

•  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. Needs depend on the way human bodies are constituted.
•  They are a solid necessity; one cannot get on without them. And, there is no substitute for it at all.
•  The state does everything at its disposal to satisfy all basic needs of its citizens, particularly of those who cannot manage to get the basics for themselves. We feel aggrieved when the state fails to take this responsibility.

Security and Subsistence

•  Basic rights are claims on the state to provide us with goods and services that satisfy our basic needs. when something is identified as a basic right, it puts the state under a duty to enable its exercise.
•  Then, the state becomes its guarantor. For instance, the right to physical security, the first basic right, is socially guaranteed when the state provides its people a well-trained, professional police force.
•  These rights are basic also because many intrinsically valuable rights can be enjoyed only once these rights are secured. When society and its government evade on its commitment to
  do so, we hold them accountable.
•  And, the right to minimum economic security and subsistence includes clean air, uncontaminated water, nutritious food, clothing and shelter.

Vulnerability and accountability

•  The right to make one’s vulnerability public, be informed about the acts of commission and omission of the government regarding anything that adversely affects the satisfaction of basic
  needs, and to critically examine them and to hold state officials publicly accountable is a basic right on a par with the right to physical security and subsistence.
•  Hence, vulnerability and, the rights are inevitably linked to each other. And, our life must not fall below a certain level of existence.
•  Here, these three basic rights can be summed up in a single phrase, the right to a minimally decent life. This is a threshold right. A society may soar, strive for great collective achievement.

Conclusion

•  Thus, the government routinely abdicate responsibility for the suffering they directly or indirectly cause. This is why we must ask why governments are not immediately and severely penalized when they undermine the exercise of these basic rights.
•  Altogether, enjoyment of basic rights should be made possible to citizens by the government involved and failing to do so by them should be made a punishment under the law.

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Prelims Questions:

Q.1) With reference to the National Green Tribunal (NGT), consider the following statements:
1. The NGT Act, 2010 provides for a Chairperson and a minimum of 10 Expert Members and equal number of Judicial Members.
2. Kolkata is the Principal Place of Sitting of the Tribunal.

Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both
D. None

Answer: A
Mains Questions:
Q.1)What are basic rights? How are they different from other fundamental rights?