Ch 6 Democratic Rights
Q1. Why do we need rights in a democracy?
1. Rights are necessary for the very sustenance of a democracy. In a democracy
every citizen has to have the right to vote and the right to be elected to
government.
2. For democratic elections to take place it is necessary that citizens should have
the right to express their opinion, form political parties and take part in political
activities.
3. Rights also perform a very special role in a democracy. Rights protect
minorities from the oppression of majority. They ensure that the majority cannot
do whatever it likes.
4. Sometimes elected governments may not protect or may even attack the
rights
of their own citizens. That is why some rights need to be placed higher than the
government, so that the government cannot violate these.
5. In most democracies the basic rights of the citizen are written down in the
constitution.
Q2. Explain the right to equality as given under the Indian Constitution.
OR What are the various implications of right to equality?
1. The Constitution says that the government shall not deny to any person in
India equality before the law or the equal protection of the laws. It means that
the laws apply in the same manner to all, regardless of a person’s status. This is
called the rule of law.
2. The government shall not discriminate against any citizen on grounds of
religion, caste,
ethnicity, sex or place of birth. Every citizen shall have access to public places
like shops, restaurants, hotels, and cinema halls.
3. Similarly, there shall be no restriction with regard to the use of wells, tanks,
bathing ghats, roads, playgrounds and places of public resorts maintained by
government or dedicated to the use of general public.
4. All citizens have equality of opportunity in matters relating to employment or
appointment to any position in the government.
5. The practice of untouchability has been forbidden in any form.
Q3. Explain the right to freedom of Speech and expression.
1. You are free to criticize the government or the activities of the association in
your conversations with parents, friends and relatives.
2. You may publicise your views through a pamphlet, magazine or newspaper.
You can do
it through paintings, poetry or songs.
3. However, you cannot use this freedom to instigate violence against others.
4. You cannot use it to incite people to rebel against government.
5. Neither can you use it to defame others by saying false and mean things that
cause damage to a person’s reputation.
Q4. Explain the right against exploitation. OR How does the Constitution
prevent the exploitation of the weaker sections of the society?
1. The constitution prohibits ‘traffic in human beings’ Traffic here means selling
and buying of human beings, usually women, for immoral purposes.
2. Our Constitution also prohibits forced labour or begar in any form. ‘Begar’ is a
practice where the worker is forced to render service to the ‘master’ free of
charge or at a nominal remuneration.
3. The Constitution also prohibits child labour. No one can employ a child below
the age of fourteen to work in any factory or mine or in any other hazardous
work, such as railways and ports.
Q5. Explain Right to Freedom of Religion.
1. Every person has a right to profess, practice and propagate the religion
he or she believes in.
2. Every religious group or sect is free to manage its religious affairs.
3. A right to propagate one’s religion, however, does not mean that a person
has right to compel another person to convert into his religion by means of
force, fraud, inducement or allurement.
4. Freedom to practice religion does not mean that a person can do whatever he
wants in the name of religion. For example, one cannot sacrifice animals or
human beings as offerings to supernatural forces or gods.
5. A secular state is one that does not confer any privilege or favour on any
particular religion. Nor does it punish or discriminate against people on the basis
of religion they follow.
6. There shall be no religious instruction in the government educational
institutions. In educational institutions managed by private bodies no person
shall be compelled to take part in any religious instruction or to attend any
religious worship.
Q6. Why has the constitution given special rights to minorities?
1. The working of democracy gives power to the majority.
2. It is the language, culture and religion of minorities that needs special
protection.
[Link], they may get neglected or undermined under the impact of the
language, religion and culture of the majority.
Q7. Explain cultural and educational rights. or What steps has the
constitution taken to protect right of minorities?
1. Any section of citizens with a distinct language or culture have a right to
conserve it.
2. Admission to any educational institution maintained by government or
receiving government aid cannot be denied to any citizen on the ground of
religion or language.
3. All minorities have the right to establish and administer educational
institutions of their choice.
Q8. Which right is known as ‘the heart and soul ‘of our Constitution and
why?
1. Right to constitutional Remedies is called the ‘the heart and soul’ of our
constitution. The Fundamental rights in the Constitution are important because
they are [Link] have a right to seek enforcement of the fundamental
rights. This is called Right to constitutional Remedies. This itself is a
Fundamental right.
2. This right makes other rights effective. It is possible that sometimes our
rights may be violated by fellow citizens, private bodies or by the government.
When any of our rights are violated we can seek remedy through courts.
3. If it is a Fundamental Right we can directly approach the Supreme Court or
the High Court of a state. That is why Dr. Ambedkar called the Right to
Constitutional Remedies, ‘the heart and soul’ of our Constitution.
4. Fundamental Rights are guaranteed against the actions of the Legislatures,
the Executive, and any other authorities instituted by the government.
5. The Supreme Court and High Courts have the power to issue directions,
orders or writs for the enforcement of the Fundamental Rights.
Q9. How has the scope of Rights expanded over the years?
1. From time to time, the courts gave judgments to expand the scope of rights.
Certain rights like right to freedom of press, right to information, and right to
education are derived from the Fundamental Rights
2. Parliament has enacted a law giving the right to information to the citizens.
This Act was made under the Fundamental Right to freedom of thought and
expression.
3. Recently the Supreme Court has expanded the meaning of the right to life to
include the right to food.
4. Constitution provides many more rights, which may not be Fundamental
Rights. For example the right to property is not a Fundamental Right but it is a
constitutional right. Right to vote in elections is an important constitutional right.
5. Sometimes the expansion takes place in what is called human rights. These
are universal moral claims that may or may not have been recognised by law.