Democratic

Rights
Political Science
 Prison in Guantanamo Bay
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
Amercian Navy. The American government said that they were enemies of the
US and linked to the attack on New York on 11 September 2001. In most cases
the governments of their countries were not asked or even informed about
their imprisonment. 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. Amnesty International, an international human rights
organisation, collected information on the condition of the prisoners in
Guantanamo Bay and reported that the prisoners were being tortured in ways
that violated the US laws. They were being denied the treatment that even
 Prison in Guantanamo Bay
prisoners of war must get as per international treaties. Many prisoners had
tried protesting against these conditions by going on a hunger strike.
Prisoners were not released even after they were officially declared not guilty.
An independent inquiry by the UN supported these findings. The UN Secretary
General said the prison in Guantanamo Bay should be closed down. The US
government refused to accept these pleas.
 Citizen’s Rights in Saudi Arabia
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 organisations. 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.
 Ethnic Massacre in Kosovo
Kosovo was a province of Yugoslavia before its split. In this province the
population was overwhelmingly ethnic Albanian. But in the entire country,
Serbs were in majority. A narrow minded Serb nationalist Milosevic had won
the election. His government was very hostile to the Kosovo Albanians. He
wanted the Serbs to dominate the country. Many Serb leaders thought that
Ethnic minorities like Albanians should either leave the country or accept the
dominance of the Serbs.
This massacre was being carried out by the army of their own country,
working under the direction of a leader who came to power through
democratic elections. This was one of the worst instances of killings based on
ethnic prejudices in recent times. Finally several other countries intervened
to stop this massacre. Milosevic lost power and was tried by the International
Court of Justice for crimes against humanity.
Rights In a
Right to Equality

01.
Laws apply in the same manner to all, regardless
of a person’s status. This is called the rule of law.

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Rule of law is the foundation of any democracy. It
means that no person is above the law. No person
can legally claim any special treatment or
privilege just because he or she happens to be an
important person.
Rights are claims of a person over
other fellow beings, over the society
and over the government. A right is
possible when you make a claim that
Right against Exploitation
is equally possible for others. When The Constitution mentions three specific evils

02.
the socially recognized claims are .. and declares these illegal.
written into law they acquire real First, the Constitution prohibits ‘traffic in human
force. Otherwise they remain merely beings’.
Second, our Constitution also prohibits forced
as natural or moral rights. They are labor or beggar in any form.
reasonable claims of persons The Constitution also prohibits child labour. No
recognized by society and sanctioned one can employ a child below the age of fourteen
to work in any factory or mine or in any other
by law.
hazardous work, such as railways and ports.
 Right to Freedom of Religion

Rights In a 03.
Every person has a right to profess, practice and
propagate the religion he or she believes in. Every
religious group or sect is free to manage its

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religious affairs. 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,
Rights are claims of a person over inducement or allurement. Of course, a person is
free to change religion on his or her own will.
other fellow beings, over the society
Freedom to practice religion does not mean that a
and over the government. a right is person can do whatever he wants in the name of
possible when you make a claim religion.
that is equally possible for others.
When the socially recognized Cultural and Educational Rights

04.
claims are written into law they Any section of citizens with a distinct language or
culture have a right to conserve it. Admission to
acquire real force. Otherwise they
any educational institution maintained by
remain merely as natural or moral government or receiving government aid cannot be
rights. They are reasonable claims denied to any citizen on the ground of religion or
of persons recognized by society language. All minorities have the right to establish
and sanctioned by law. and administer educational institutions of their
choice.
 Right to Freedom

Rights In a 05.
It means absence of interference in our affairs
by others – be it other individuals or the
government So, under the Indian Constitution

Democracy
all citizens have the right to :
Freedom of speech and expression
Even if a hundred people think in one way, you
should have the freedom to think differently and
Rights are claims of a person over express your views accordingly
Assembly in a peaceful manner
other fellow beings, over the society Citizens have the freedom to hold meetings,
and over the government. a right is processions, rallies and demonstrations on any
possible when you make a claim issue.
that is equally possible for others. Form associations and unions
Move freely throughout the country
When the socially recognized
Reside in any part of the country
claims are written into law they Practice any profession, or to carry on any
acquire real force. Otherwise they occupation, trade or business.
remain merely as natural or moral Your freedoms should not cause public
rights. They are reasonable claims nuisance or disorder. You are free to do
everything which injures no one else.
of persons recognized by society
and sanctioned by law.
 Right to Constitutional Remedies

Rights In a 06.
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

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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.

Rights are claims of a person over

other fellow beings, over the society
and over the government. a right is
possible when you make a claim
that is equally possible for others.
When the socially recognized
claims are written into law they
acquire real force. Otherwise they
remain merely as natural or moral
rights. They are reasonable claims
of persons recognized by society
and sanctioned by law.
Fundamental Rights are guaranteed against the actions of the Legislatures, 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 takes away or limits any of the Fundamental Rights
it will be invalid. Courts also enforce the Fundamental Rights against private
individuals and bodies. The Supreme Court and High Courts have the power to
issue directions, orders or writs for the enforcement of the Fundamental Rights.
They can also award compensation to the victims and punishment to the
violators.
In case of any violation of a Fundamental Right the aggrieved person can go to a
court for remedy. But now, any person can go to court against the violation of
the Fundamental Right, if it is of social or public interest. It is called Public
Interest Litigation (PIL). Under the PIL any citizen or group of citizens can
approach the Supreme Court or a High Court for the protection of public interest
against a particular law or action of the government. One can write to the judges
even on a postcard. The court will take up the matter if the judges find it in
public interest.
While Fundamental Rights are the source of all rights, our Constitution and law
offers a wider range of rights. Over the years the scope of rights has expanded.
Sometimes it leads to expansion in the legal rights that the citizen can enjoy.
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. Now school education has
become a right for Indian citizens. The governments are responsible for
providing free and compulsory education to all children up to the age of 14 years.
Recently the Supreme Court has expanded the meaning of the right to life to
include the right to food. Also, rights are not limited only to Fundamental Rights
as enumerated in the Constitution. 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. 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
Thank you
very much!