Of late, the imposition of bandas, violent agitations and vandalism by different groups and political parties for their ‘rights’ has become a daily occurrence in the country. The protest enforced by the Madhes-based political parties, which is largely violent in nature, has been continuing for almost four months in different parts of the Tarai. The Madhesi demonstrators have been found to be using knives, axes, iron-rods and pelting stones and bricks at the security forces. It is to be noted that those who have enforced these strikes demanding their rights from the state have in turn violated the rights of millions of people residing in the Tarai: students have been denied their right to education; workers have been prevented from going to work, patients have been deprived of their right to treatment; entrepreneurs have been barred from their right to run their businesses and citizens have been denied of their right to mobility.  

Rights and duties

What political parties seem to have forgotten is that human rights entail both rights and duties. The Declaration of Human Duties and Responsibilities of the United Nations has enshrined in its preamble that, “the effective enjoyment and implementation of human rights and fundamental freedoms is inextricably linked to the assumption of duties and responsibilities.” Yet, in Nepal, people often advocate for the attainment of their rights without paying any heed to their duties towards the state or society. Any group or party in a democratic country has the right to organise peaceful protests demanding their rights but they cannot force others to support their cause. Therefore, the forceful closure of schools, vehicular movement, offices and industries clearly amounts to disrespecting the rights of others.

Human rights and duties are two sides of the same coin and this correlation is not a new notion. Even while exercising one’s rights, an individual has duties towards another person, family, society and the state. Article 29 of the Universal Declaration of Human Rights states that “everyone has duties to the community in which alone the free and full development of his personality is possible.” An individual’s duties also involve respecting elders, loving and caring younger family members; participating in social work and being loyal to the state and contributing for the benefit of the state as required.

State and people

On the other hand, it is the primary obligation and duty of the state to respect, protect, promote and fulfill the rights of its citizen. The state is obligated to ensure the right to education, health care, food, housing, security and necessary services to all its citizen. So, it is a violation of human rights when citizens are deprived of fulfillment of these basic rights. The 1993 Vienna World Conference on Human Rights, for instance, concluded that it is the duty of states to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. The government of Nepal has ratified almost all the major international human rights treaties and has a duty under international law to respect, protect and fulfill the rights of Nepali citizens. But the Nepali people are also obliged to adhere to the rules and regulations of the government which are integral to maintaining peace, justice development and good governance. If people only keep demanding for rights without fulfilling their duties, it could instead promote a culture of anarchism, instability and insecurity. Therefore, the government and the citizens both need to fulfill their obligations.

Rights without duties could push individuals, societies and countries towards mayhem and instability. Only if rights and duties are complementary to each other will society become prosperous and peaceful. Thus, it would not be an exaggeration to state that those who impose general strikes or violent agitations for the fulfillment of their demands and vested interests overlook their duties towards society.

Protestors must pay attention to others’ rights while fighting for theirs. For, it is the right of the people to be able to use public services such as education, health care, transportation, drinking water at all times.It is a duty of every citizen to respect the human rights of others while expecting their rights to be respected too. Only then can the rights of all the citizens be protected and peace, progress and social harmony prevail in a nation.

Regmi is Monitoring and Evaluation officer at the UNDP. Views expressed in this article are personal