August 27, 2013 ☼ constitutional morality ☼ constitutionalism ☼ economic freedom ☼ Economy ☼ entitlement economy ☼ food security ☼ political philosophy ☼ Public Policy
This is an archived blog post from The Acorn.
Why was there ideological collusion in the passage of a bill that promises ‘food security’ but is certain to severely undermine India’s development path? Several reasons can be adduced—from the electoral to the conspiratorial—but what gave both the terrible bill and the even more terrible scheme it seeks to implement the impression of inevitability was the underlying narrative of a “rights-based approach”. And, as Narayan Ramachandran writes, “[the] apostle of the rights-based approach in India is the National Advisory Council (NAC).”
Over the last decade, the NAC’s narrative of a “rights-based approach” to development has acquired dominance. It has pervaded government policy because Sonia Gandhi, its chief and Congress party president, in all likelihood, genuinely believes in it. The power of narratives is such that even if you replace Mrs Gandhi and her NAC with another political leader and his or her own clique, they will be compelled to persist with the same policies as before, or undertake the Hanumanian task of countering the rights-based narrative before rolling back or changing tack on the massive entitlement schemes. (See my previous post on this).
Narayan argues that the rights-based approach is the wrong development model for India. In fact, “rights-based approach” is a misnomer. It is a clever way to refloat the failed policies of socialism under a new, fashionable but dubious political philosophy. In essence, this ‘development model’ identifies an ever-growing list of life’s needs and necessities, declares that they are ‘rights’ and suggests that these be provided by the state.
A lot of well-meaning people are fooled by this sophistry. Since few good people will dispute that people need food, education, healthcare and jobs to live in this world, they become susceptible to the argument that such necessities are rights. Moreover, since a lot of famous people, including Nobel laureates and rock stars, advocate this approach, the notion that such things are rights acquires wings.
Yet for all the celebrity endorsement, warm fuzzy feelings it creates, the so-called rights-based approach is immoral and illiberal. The only true rights are those that do not come at anyone else’s cost. Preetam’s right to life, equality, freedom and property do not come at Palani’s cost, and vice versa. The state might have to incur a cost to protect these rights, but not to provide them. [Meet Preetam and Palani, in Redistribution as Theft]
The entitlements that the NAC-types call ‘rights’ are different. It costs someone something to provide them. If Preetam and Palani are the only two citizens in a hypothetical state, the cost of providing Palani’s right to food, education, healthcare and jobs must be borne by the state. If the state, in this example, is financed by Preetam’s tax payments, Palani’s entitlements come at the cost of further infringing on Preetam’s rights (in this case, the right to use his money as he pleases).
It is sometimes reasonable to argue that Preetam must be made to pay for Palani’s necessities in order to have a equitable society. Or because Palani might be contributing to Preetam’s welfare in other ways. What is wholly wrong, though, is to contend that food, education, healthcare, internet connections, jobs and suchlike are ‘rights’, in the same way as life, freedom and property are rights.
However desirable, however necessary, if it costs (someone else) to provide, it is not a right. It is an entitlement. Liberal democracies can agree to make some entitlements obligations of the state. But it is important to keep these obligations distinct from rights. The framers of the Indian Constitution made this distinction when they separated Fundamental Rights from Directive Principles. Unfortunately, their successors in parliament lacked the same moral clarity, and proceeded to undermine Rights even as they attempted to rightify the obligations that fall under the Directive Principles.
Because it violates (someone else’s) rights, the rights-based approach is universally immoral. India cannot afford the luxury of this ‘international development’ fashion. The cost of providing an ever-growing list of entitlements is prohibitively large, and will severely undermine India’s future. Right-minded people and political parties (no pun intended) should reject the rights-based approach.
Tailpieces:
The Two-Person Test to determine what is a right (also known as the Preetam & Palani Test). If it costs Preetam to provide Palani something (and vice versa), then, however desirable it might be, it is not a right.
If we accept the rights-based approach, then we urgently need to legislate the “Right to Richer Spouse.” If every citizen has an enforceable right to marry a richer person, then poverty will disappear fairly quickly. Such a right will take away some freedom from the richer persons, but that’s no different from the rights to food, education, jobs and suchlike. If you find the Right to Richer Spouse absurd or repugnant, just remember that it is based on the same logic as the right to food, education, healthcare, jobs, internet connections and so on…
A storified series of tweets on the topic.
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