Why Modi’s idea of linking rights to duties goes against the Constitution

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On Tuesday, at an event celebrating the 28th foundation day of the National Human Rights Commission, Prime Minister Narendra Modi said that...

On Tuesday, at an event celebrating the 28th foundation day of the National Human Rights Commission, Prime Minister Narendra Modi said that while the world was focusing on human rights, keeping our Indian traditions in mind, we must emphasise duties as well.

This is not the first time Modi has expressed this sentiment. Nor is he the first Indian politician to do so.

However, when viewed through the lens of the Indian Constitution, the suggestion that rights and duties are interlinked is incorrect. Duties do not take primacy over rights. Rather, rights exist without any corresponding duties.

What did Modi say?

On Tuesday, Modi interlinked the idea of human rights and duties. “Human rights should not be only about rights, but also duties,” said the prime minister. “The two should be discussed together, not separately. Other than awareness of their rights, each individual must abide by their duties.”

He added that individuals are at the centre of human rights around the world, which, he said, is legitimate – since individuals make up societies and nations. However, referring to ancient Indian texts such as the shastras, he said that the country’s heritage lays emphasis on a person’s duty towards others.

This isn’t the first time Modi has conflated rights and duties. In 2020, while...

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