Democratic Rights – 5
1. How were prisoners treated in
Guantanamo Bay?
(i)About 600 people were secretly picked up by the US forces from all
over the world and put in a prison in Guantanamo Bay, an area near Cuba
controlled by American Navy.
(ii) Families of prisoners, media or even UN representatives were not
allowed to meet them. The US army arrested them, interrogated them
and decided whether to keep them there or not. There was no trial before
any magistrate in the US. Nor could these prisoners approach courts in
their own country.
2. Are all citizens treated equally in Saudi Arabia?
• The country is ruled by a hereditary king and the people have
no role in electing or changing their rulers.
• The king selects the legislature as well as the executive. He
appoints the judges and can change any of their decisions.
• Citizens cannot form political parties or any political
organizations. Media cannot report anything that the monarch
does not like.
• There is no freedom of religion. Every citizen is required to be
Muslim. Non-Muslim residents can follow their religion in
private, but not in public.
• Women are subjected to many public restrictions. The
testimony of one man is considered equal to that of two
women.
3. What were the main reason for conflict in Kosovo?
Kosovo, a province of Yugoslavia before its split. In this province the
population was overwhelmingly ethnic Albanian.
A narrow minded Serb nationalist Milosevic had won the election.
His government was very hostile to the Kosovo Albanians.
Many Serb leaders thought that Ethnic minorities like Albanians
should either leave the country or accept the dominance of the Serbs.
4. What are rights?
Rights are claims of a person over other fellow beings, over the
society and over the government.
5. Explain the essential qualities of life.
The claims we make should be reasonable. They should be such that
can be made available to others in an equal measure. Thus, a right
comes with an obligation to respect other rights.
It has to be recognized by the society we live in. Rights acquire
meaning only in society.
Every society makes certain rules to regulate our conduct. They tell
us what is right and what is wrong. What is recognized by the society
as rightful becomes the basis of rights. That is why the notion of
rights changes from time to time and society to society.
When the socially recognized claims are written into law, they
acquire real force. Otherwise, they remain merely as natural or moral
rights.
6. Why do we need rights in a democracy?
In a democracy every citizen has to have the right to vote and the
right to be elected to government. 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.
Rights protect minorities from the oppression of majority. They
ensure that the majority cannot do whatever it likes. Rights are
guarantees which can be used when things go wrong.
The government should protect the citizens’ rights
But 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 them.
7. Define Right to Equality.
The government shall not discriminate against any citizen on grounds
only of religion, race, caste, sex or place of birth. Every citizen shall
have access to public places like shops, restaurants, hotels, and
cinema halls. 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.
8. Explain Right to freedom as a cluster of Rights.
• Freedom of speech and expression
• Assembly in a peaceful manner
• Form associations and unions
• Move freely throughout the country
• Reside in any part of the country, and
• Practice any profession, or to carry on any occupation, trade or
business.
Freedom of speech and expression is one of the essential
features of any democracy. Our ideas and personality develop
only when we are able to freely communicate with others.
Even if a hundred people think in one way, you should have
the freedom to think differently and express your views
accordingly. You may disagree with a policy of government or
activities of an association.
You may publicise your views through a pamphlet, magazine
or newspaper. You can do it through paintings, poetry or songs.
However, you cannot use this freedom to instigate violence
against others. You cannot use it to incite people to rebel
against government.
Neither can you use it to defame others by saying false and
mean things that cause damage to a person’s reputation.
Citizens have the freedom to hold meetings, processions,
rallies and demonstrations on any issue. They may want to
discuss a problem, exchange ideas, mobilize public support to
a cause, or seek votes for a candidate or party in an election.
But such meetings have to be peaceful. They should not lead
to public disorder or breach of peace in society.
Citizens also can form associations.
As citizens we have the freedom to travel to any part of the
country. We are free to reside and settle in any part of the
territory of India.
9. What procedures had to be followed when a person is arrested or
detained?
• A person who is arrested and detained in custody will have to be
informed of the reasons for such arrest and detention.
• A person who is arrested and detained shall be produced before
the nearest magistrate within a period of 24 hours of arrest.
• Such a person has the right to consult a lawyer or engage a lawyer
for his defense.
10. What is a secular state? Explain.
Secularism is based on the idea that the state is concerned only with
relations among human beings, and not with the relation between
human beings and God. A secular state is one that does not establish
any one religion as official religion. Indian secularism practices an
attitude of a principled and equal distance from all religions. The state
has to be neutral and impartial in dealing with all religions. Every
person has a right to profess, practice and propagate the religion he
or she believes in.
A secular state is one that does not confer any privilege or favor on
any particular religion.
The government cannot compel any person to pay any taxes for the
promotion or maintenance of any particular religion or religious
institution.
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.