Property is considered as a natural right which is
necessary for human dignity, freedom and dignity of life. Property refers to
the legal relations between the persons with respect to specific things which
may be material or abstract. Abstract can be the copyrights of a book or a
film, etc. Property does not only refer to the private property. Private
property is one of the various forms of the property. The notion of private
property relies upon the following features:
Do you own a house? If so, it is
called as your private property where you are the owner and no one can access
your property or claim.
As an owner you can use your
property but altering or destroying the same requires the necessary authorised
The third feature is, if in case
you wish to transfer, some forms of transfer may be forbidden or penalized by
taxation, like gift tax or capital transfer tax.
forms of property include the public property, common property or the state
property. Property rights grant the owner an exclusive power to decide what
will happen to a particular thing or resource. Public properties include
transport, railways, etc.
According to Locke, the Government’s main
function is to guarantee every citizen the protection of their individual
rights and secure conditions to enjoy their properties peacefully. Humans need
property which is also the necessary means of life. Humans do not plan their
lives from moment to moment but rather plan with future material security.
Security is an important aspect which can provide
peace and happiness in the minds of the people. Hence, the utilitarian’s state
that the system of property rights is necessary if the individuals is to
achieve a sense of happiness. If at all the governments want to promote the
happiness of it people, productivity must be encouraged by protecting
individual’s property rights. No government should take away the property from
the people who are expected to possess and enjoy.
Most of the developed and developing nations
practised social welfare policies after World War II. The main components of
these policies entailed taxation on property, transfer of basic industries, and
basic public amenities like health and education to state control.
With the advent of women empowerment in the 20th
century, women too claim equal status. Feminist scholars state that an
important condition for the subjugation of women has been owing to denial of
access of women to resources to income, such as land. This is owing to the
prevailing patterns of male ownership and control of such resources. Owing to
this, status of women has been one of the dependence on men. This dependent
status has actually led to their rights to own and claim property.
The Indian Constitution does not recognize property
right as a fundamental right. In the year 1977, the 44th amendment eliminated
the right to acquire, hold and dispose of property as a fundamental right.
However, Article 300 (A) was inserted in another part of the Constitution. This
was to affirm that no person shall be deprived of his property save by authority
of law. Hence, this has become a statutory right now.
Hence, in a civilized society, the scope for
coercion and forcible acquisitions needs to be minimal. Unless circumstances
are compelling, no forcible acquiring of property must be initiated. The state
should neither act as brokers nor as agents of big businesses but should be in
according stronger property rights to the farmers too.