Democratic Rights-

Rights-
● Rights are reasonable claims of persons recognized by society and sanctioned by law. Rights
acquire meaning only in a society. What is recognized by the society as rightful becomes the
basis of rights.

Need of Rights-
● In a democracy, every citizen has to have the right to vote and elect a government. For
participating in a democratic election, it’s necessary that citizens should have the right to
express their opinion and form political organizations.
● Democracy is often called the rule of the majority. Rights protect the minorities from the
oppression of majority and ensure that majority can’t do whatever it likes.
● Sometimes the elected governments may not protect or even may attack the rights of their
own citizens. That’s why some rights need to be placed above the government, so that the
government can’t violate the rights.

Fundamental Rights-
● Fundamental Rights are guaranteed against the actions of the legislature, the executive and
any other authorities instituted by the Government.
● There can be no law or action that violates the fundamental rights. If any act of the legislature
or the executive that takes away or limits any of the Fundamental Rights, it will be invalid.
● The courts are responsible for enforcing the Fundamental Rights against private individual
and bodies. The Supreme Court and The High Courts have the power to issue directions for
the enforcement of Fundamental Rights and also to award compensation to victims and to
punishment to the violators.

Right to Equality
Provisions-
● The constitution of India says that the government shall not deny any person in India equality
before the law or equal protection of the laws. (Rule of Law)
● The government shall not discriminate any citizen on grounds of religion, caste, ethnicity, sex
or place of birth. Every citizen shall have access to public places, cinema halls, etc.
● All citizens have equality of opportunity in matters relating to employment to any position in
the government.

Rule of Law-
● Rule of Law means that the laws apply in the same manner to all, regardless of a person’s
status.
● Rule of law is the foundation of any democracy. It means that no person is above the law.
● There can’t be any discrimination between political leader, government official and an
ordinary citizen
Reservation Policies-
● The government of India has provided reservations for scheduled castes, Scheduled Tribes,
Other Backward Classes, Women, poor or physically challenged people in government jobs.
● Equality doesn’t mean giving everyone the same treatment but giving everyone an equal
opportunity to achieve whatever one is capable of.
● Some times it’s necessary to give special treatment to someone in order to ensure equal
opportunity. The constitution says such reservations are not violation of the Right to Equality.

Right to Freedom-
Povisions-
● 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.

Right of Life-
● The Constitution says that no person can be deprived of his life or personal liberty except
according to procedure established by law.
● It means that no person can be killed unless the court has ordered a death sentence.
● It also means that a government or police officer cannot arrest or detain any citizen unless he
has proper legal justification.

Rights of a person who is arrested-

● 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.

Freedom of Speech and Expression-

● 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. You
may think differently from others.
● You may disagree with a policy of government or activities of an association. You are free to
criticise the government or the activities of the association in your conversations with parents,
friends and relatives.
● You may publicise your views through a pamphlet, magazine or newspaper. You can do it
through paintings, poetry or songs.

Limits of Freedom-

● 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.
Freedom to form associations, unions and hold meetings-
● Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any
issue.
● They may want to discuss a problem, exchange ideas, mobilise public support to a cause, or
seek votes for a candidate or party in an election.
● Citizens also can form associations

Limits to Freedom-

● But such meetings have to be peaceful.

● They should not lead to public disorder or breach of peace in society.
● Those who participate in these activities and meetings should not carry weapons with them.

Right to Move freely within the country-

● 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
● This right allows lakhs of people to migrate from villages to towns and from poorer regions of
the countries to prosperous regions and big cities.
● The same freedom extends to choice of occupations. No one can force you to do or not to do
a certain job.
● Women cannot be told that some kinds of occupations are not for them.
● People from deprived castes cannot be kept to their traditional occupations.

Right Against Exploitation-

Provisions-
● The constitution prohibits ‘Human Traffic’ .ie. Selling and buying of human being is illegal in
India.
● The constitution prohibits the forced labour or beggar in any form. Begar is a practice where
the worker is forced to render service to the master free of charge or at nominal wages. It is
also called bonded labour.
● The Constitution also prohibits child labour. No one can employ a child below the age of
fourteen years

Right to Freedom of Religion-

Provisions-
● India is a secular state and every person has the right to profess, practice and propagate the
religion. A person is free to change religion on his or her own will.
● Every religious group is free to manage its religious affairs and run religious and educational
institutions.
● The government is neutral and impartial in dealing with all religions.

Prohibition-
● A person can’t be converted to another religion against his or her will.
● Animal and Human sacrifices to Gods or supernatural forces is not a ‘right to religion’
 ● Religious practices which teat women as inferior or that deprives the freedom of women are
not allowed.

Secularism-
● A secular state is one that doesn’t establish any one religion as official religion. The state has
to be neutral and impartial in dealing with all religions.
● India is a secular state, as it doesn’t have any one official religion. It does not confer any
favour on any particular religion nor discriminate people on the basis of religion.
● The government can’t compel any person to pay taxes for the promotion of any religion or
religious institution.
● There shall be no religious instruction in government educational institutions. In private
educational institutions, no person shall be compelled to take part in any religious instruction
or worship.

Cultural and Educational Right-

● There are three types of minorities, Linguistic, religious and cultural.
● Democracy is the rule of majority. If the language, culture and religion of the minorities are not
protected, they may get neglected or undermined under the impact of the majority culture,
language or religion.

Provisions-
● Any section of citizens with a distinct language or culture has a right to conserve it.
● Admission to any educational institution maintained by the government can’t be denied to any
one on the ground of religion or language.
● All minorities have right to establish and administer educational institutions of their choice.

Right to Constitutional Remedy-

● Our Constitution has guaranteed Fundamental Rights to the citizens of India. It safeguards all
these rights by granting us the Right to Constitutional Remedies which according to Dr
Ambedkar is ‘the heart and soul’ of the Constitution. This itself is a Fundamental Right and
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. If it is a Fundamental
Right we can directly approach the Supreme Court or the High Court of a state.
● The Supreme Court and High Courts have the power to declare null and void any order or law
passed by the government which violates Fundamental Rights of the citizens by issuing
directions, orders or writs. Courts also enforce our fundamental rights against private
individuals and bodies.
● They can also award compensation to the victims and punishment to the violators. We know
our judiciary is very powerful and can do whatever is needed to protect the rights of the
citizens. In case of any violation of a Fundamental Right the aggrieved person can go to a
court for justice.

National Human Rights Commission-

● This is an independent commission set up by law in 1993. Like Judiciary, the commission is
independent of the government.
 ● The NHRC makes independent and credible inquiry into any case of violation of human rights.
It has wide ranging powers to carry out its inquiry.
● The Commission presents its findings and recommendations to the government or intervenes
in the court on behalf of the victims of human rights violation.

PIL
● Any person can go to court against the violation of the Fundamental Right, if it is of social or
public interest. This kind of litigation in public interest is called public interest litigation.
● Under PIL any citizen or group of citizens can approach the Supreme Court or a High Court
for protection of public interest against a particular law or action of the government.
● One can write to the judges even on a post card. The court will take up the matter if the
judges find it in public interest.

Expanding Scope of Rights-

● years the courts in India gave judgments to expand the scope of rights. Certain rights like
right to freedom of press, right to information, right to education are the rights derived from
Fundamental rights.
● Recently the Supreme Court has expanded the meaning of the right to life to include the right
to food.
● Other than Fundamental Rights, there are constitutional rights that are enjoyed by Indian
citizens.
● For example, the right to property and right to vote are not Fundamental Rights, but they are
Constitutional Rights.

Rights recognised by International

Convent on Economic, Social and Cultural
Rights-
● Right to work
● Right to safe and healthy working conditions
● Right to adequate standard of living, including adequate food, clothing and housing.
● Right to social security and insurance
● Right to health: Medical care during illness.
● Right to Education: free and compulsory primary education and equal access to higher
education.

South African Rights-

● Right to Privacy
● Right to an environment that is not harmful to their health or well -being.
● Right to have access to adequate housing.
● Right to have access to health care facilities.
Difference between Fundamental and
Constitutional Rights-
● Fundamental Rights are the rights guaranteed by the constitution against the actions of the
legislature, the executive or any other authorities instituted by the government.
● Fundamental Rights in the constitution are enforceable. In case of any violation of
Fundamental Right by government or any individual or private body, a citizen can approach
the Court.
● Constitutional Rights are also rights mentioned in the constitution such as right to vote, right
to property. If the constitutional rights are violated, we can’t approach the court to enforce it.

Violation to Rights-
Guantanamo Bay Rights Violation-
● About 600 people were secretly picked up by the US forces from all over the world and put in
a prison in Guantanamo Bay and alleged labelled as the enemies of America.
● The US arrested them, interrogated them and decided to keep them there or not. There was
no trial before any magistrate in the US.
● These prisoners could not approach courts in their own country
● Families of prisoners, media or even UN representatives were not allowed to meet them.
● In most cases the governments of their countries were not asked or even informed about their
imprisonment.

Citizen Rights in Saudi Arabia-

● A hereditary king rules the country and the people have no role in electing the rulers. The king
selects the legislature, executive and judiciary.
● Citizens can’t form Political parties or any political organizations.
● Women are subjected to many public restrictions.
● 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

Kosovo Massacre-
● Kosovo was a province of Yugoslavia before its split and as of 2007 it was a part of Serbia.
Kosovo has an Albanian majority but in the entire country Serbs were in majority.
● Milosevic, the then President of Serbia was hostile to Albanians in Kosovo and he wanted
Serbians to dominate the country.
● Many Serb leaders thought that Albanians should leave the country or accept the dominance
of Serbs. Working under Milosevic who came to power by democratic election, Serbian
military massacred thousands of Albanians in Kosovo (Now Kosovo is an independent
country).

Amnesty International-
● An international organisation of volunteers who campaign for human rights.
● This organisation brings out independent reports on the violation of human rights all over the
world