UGC-NET (NTA) Human Rights and Duties, FEBRUARY-2023

Robert Nozick's 'Entitlement Theory' of justice prioritizes the individual. In his book "Anarchy, State, and Utopia," Nozick argues against the redistributive policies and in favor of a minimal state, asserting that individuals have rights, and there are certain things which cannot be done to them without violating those rights.
The entitlement theory posits that a distribution of resources is just if it results fromjust acquisition and transfer. It's a libertarian approach that opposes a more egalitarian redistribution of wealth and resources.

The notion of 'justice as fairness' was developed by John Rawls. In his influential work, "A Theory of Justice," Rawls sets forth the principles of justice as fairness, which includes the principle of equal basic liberties and the difference principle. According to Rawls, a just society is one in which the institutions are organized in accordance with these principles.
His work emphasizes the importance of the original position and the veil of ignorance in determining the principles of justice for a well-ordered society.

Among the given options, the 'Right to environment' is not a natural right according to John Locke. Locke is known for advocating three primary natural rights: the right to life, the right to liberty, and the right to property. According to Locke, these rights are inherent and inalienable, meaning they cannot be surrendered or transferred, even if the individual wishes to do so.
The environment as a right emerged much later as societies began to recognize the importance of environmental protection.

J.S. Mill favored educational qualifications as the basis for the right to vote. In his work, "Considerations on Representative Government," Mill argued that while the franchise should be extended to more people, there should still be certain qualifications to ensure an informed electorate.
He believed that individuals with higher education or training are more likely to make decisions that benefit the common good.
Although his views might seem elitist by modern standards, in the context of his time, they represented a move towards more inclusive democratic participation.

The term "Soft State" was used by Gunnar Myrdal to describe third-world countries. In his work "Asian Drama," Myrdal introduced the concept of the soft state to highlight the state's inability in developing countries to implement laws and policies effectively.
He argued that bureaucratic inefficiency, corruption, and a lack of law enforcement are characteristics of a "soft state," making it challenging for these countries to develop at a pace similar to that of more established states. This concept helps in understanding the unique challenges faced by developing nations in their developmental journey.

Robert Putnam is widely associated with the development of the theory of Social Capital. His book "Bowling Alone" traces the decline of social capital in the U.S. over the latter half of the 20th century. Social capital, as conceptualized by Putnam, refers to the networks, norms, and trust that enable participants to work together to achieve a common goal.
It emphasizes the value of social bonds and how communal activities and associations strengthen democratic institutions and civic engagement.

The Prakash Singh case pertains to police reforms in India. In the landmark judgment of Prakash Singh vs. Union of India (2006), the Supreme Court issued directives aimed at ensuring the functional autonomy of the police and insulating them from extraneous influences, especially political.
The directives encompassed the establishment of a State Security Commission, the tenure and appointment of police chiefs, separation of investigative and law & order functions, and setting up of a Police Establishment Board and Police Complaints Authority.

The national emergency under Article 352 of the Indian Constitution was declared on 25th June 1975. It was proclaimed by the then-President Fakhruddin Ali Ahmed upon the advice of Prime Minister Indira Gandhi. The official grounds were a perceived internal disturbance threat, but it's widely believed that the real reason was the political challenges faced by the ruling government.
The emergency lasted for 21 months and witnessed curtailment of fundamental rights and press freedom, arrests of political opponents, and significant changes to the Constitution.

The Armed Forces (Assam and Manipur) Special Powers Act was enforced in 1958. The Act grants special powers to the armed forces in what the Act terms as "disturbed areas" in the states of Assam and Manipur. It was later amended to extend to other states in the North-East region of India.
The Act has been controversial due to allegations of abuse, and there have been consistent calls for its repeal because of the powers it gives to the armed forces, which have sometimes resulted in allegations of human rights abuses.

Dying declaration is provided in Sec. 32 of the Indian Evidence Act, 1872. A dying declaration refers to the statement made by a person as to the cause of his death or as to the circumstances leading to his death.
In the Indian legal framework, it's believed that a person who is about to die doesn't lie, and hence such statements are given considerable weightage in legal proceedings. The assumption is that the looming fear of death drives a person to speak the truth.