The misplaced concern on duties

It seems the government wants to rid itself of its duties and responsibilities and shift that burden on people or private entities?

While speaking at a function last week, Prime Minister Narendra Modi claimed that people have been talking about rights since India's Independence while ignoring their duties, which has kept the country weak. Notably, this is not the first time the prime minister, his cabinet colleagues, or his party members have tried to pitch duties against rights. In the last few years, members of the ruling party have been attempting to invoke arguments similar to the prime minister on several occasions.

But unlike previous occasions, the latest attempt to invoke duties and create a misleading binary between rights and duties looks more serious. That's because, during the speech, the PM didn't merely claim that people are ignoring their duties over rights but added that "the coming 25 years are the period of utmost hard work, sacrifice, and penance."

According to him, this is a 25-year span to get back what our society has lost in the hundreds of years of slavery. Moreover, he urged citizens to do their duties, which he claimed would remove the "evils" prevailing in the society and take the country to new heights. The PM's invocation is problematic on several counts.

Also Read | Why rights can't be equated with duties

Firstly, it gives an impression that the people of India are not doing anything or have done nothing for nation-building. Secondly, it also overemphasises the role of citizens as if it is the primary duty or responsibility of citizens to make things work and ensure attaining the constitutional objectives of India. Such an emphasis is not just fallacious and contradictory to the values enshrined in our Constitution but can also lead to dangerous consequences if implemented.

As for citizens, they already perform a range of duties such as paying taxes (not just the prosperous but also ordinary and poor citizenry in the form of indirect taxes), adhering to civil and criminal laws, paying fines and taking part in elections, etc. Hence, to claim that people are only or mainly talking about rights while ignoring their duties is untrue. It looks like the government wants to rid itself of its duties and responsibilities or shift that burden on people or private entities.

In this regard, Samuel Moyn, a professor of jurisprudence and history at Yale University, draws our attention towards a vital aspect of pitching duties against rights. According to him, "The rhetoric of duties has often been deployed euphemistically by those whose true purpose is a return to tradition won by limiting the rights of others." He gives examples from Singapore, where it was invoked to "return" to "Asian values" and erode human rights, and in the United Kingdom, where it was deployed to curtail welfare schemes.

It would be worth recalling that a list of 10 fundamental duties was inserted into our Constitution in 1976, during the dark era of Emergency. Another was added during the prime ministership of Atal Bihari Vajpayee. According to legal scholar Vineeth Krishna, "We find no evidence that remotely suggests that the framers of our Constitution seriously considered adopting something that resembled fundamental duties."

We must also note the similarities between what has been witnessed in Singapore and the UK. For example, we often hear the members and supporters of the current dispensation invoking the idea and need to return to the 'swarnim Bharat', the glorious golden past. Needless to add, the idea of returning to this glorious past has more to do with the political agenda (Hindutva) of the ruling party and little to do with the wellbeing of the ordinary people of India.

Similarly, the government could curtail welfare schemes or deny these by claiming it does not have money to fund the schemes. For example, in mid last year, the Centre submitted an affidavit before the Supreme Court stating that compensation of Rs four lakh cannot be paid to the families of those who have died due to Covid-19 because it is beyond fiscal affordability. Remember, it is one thing to say that we don't have money and another to deny people's fundamental rights because there is no money. If a government is committed to the welfare of its people, it can indeed find ways without anyone reminding or demanding it.

It is important to note that the prime minister and his colleagues, who often like to remind us of our duties, have failed to fulfil their duties both as citizens and as people responsible for running this country. The PM and his government do not have a good record in living up to the 11 fundamental duties enshrined in the Constitution. This analysis (https://thewire.in/government/narendra-modi-says-focus-on-duties-and-forget-rights-but-hes-let-india-down-on-all-11-duties) lists the occasions the PM, and his government, have fallen short of abiding by the Constitution, respecting institutions, the national flag and anthem, cherishing and following the noble ideals that inspired the freedom struggle, and upholding and protecting the sovereignty, unity and integrity of India.

Hence, more than the people, the prime minister and his party members have to adhere to their duties as citizens and also as people who have taken the oath to abide by the Constitution. It is high time they walk the talk.

(The writer is a multilingual journalist and researcher)

Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH.