CHAPTER 05
DEMOCRATIC
RIGHTS
LECTURER: MR. SOUVIK MALICK
Designed by: @skygraphics27
CHAPTER 05
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TABLE OF CONTENT
1. LIFE WITHOUT RIGHTS
Prison in Guantanamo Bay
Citizens’ Rights in Saudi Arabia
Ethnic massacre in Kosovo
2. RIGHTS IN A DEMOCRACY
What are rights?
Why do we need rights in a democracy?
3. RIGHTS IN THE INDIAN CONSTITUTION
Right to Equality (Art 14-18)
Right to Freedom (Art 19-22)
Right against Exploitation (Art 23-24)
Right to Freedom of Religion (Art 25-28)
Right to Constitutional Remedies (Art 32)
How can we secure these rights?
4. EXPANDING SCOPE OF RIGHTS
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LIFE WITHOUT RIGHTS
prison in Guantanamo Bay
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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.
The American government said that they were enemies of the US and
linked to the attack on New York on 11 September 2001.
The arrest was without any information to accused’s family and even
government of their countries.
Families of prisoners, media or even UN representatives were not
allowed to meet them.
Interrogated them without any trial before any magistrate in the US,
Nor could these prisoners approach courts in their own country.
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This was the clear of infringement of Fundamental Rights
Amnesty International worked over this and highlighted the issues.
UN Secretary General said that the prison should be closed down.
US government refuse to accept these pleas.
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LIFE WITHOUT RIGHTS
Citizens’ Rights in Saudi Arabia
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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, judiciary and
can change any of their decisions.
Citizens cannot form political parties or organizations. Media cannot
report anything against the will of the monarch.
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.
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LIFE WITHOUT RIGHTS
Ethnic massacre in Kosovo
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Before the partition, Yugoslavia was a small province. The
population of it was vastly ethnic Albanian but the Serbs
were the main population of the country. Milosevic who was
a narrow- minded Serb nationalist had won the election & his
government was very antagonistic to Albanians. He wanted
the Serbian domination over the country. Many Serb leaders
also believed that Ethnic minorities like Albanians should
either depart from the country or accept supremacy of the
Serbs.
The 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.
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Finally several other countries intervened to stop this
massacre. Milosevic lost power and was tried by the
International Court of Justice for crime against humanity.
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Rights in a Democracy
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Relationship of Rights and Democracy
Think of the victims in each example: the prisoners in
Guantanamo Bay, women in Saudi Arabia, Albanians in Kosovo.
If you could, what would you do to ensure that such things do
not happen to anyone?
You would perhaps desire a system where security, dignity
and fair play are assured to everyone.
No one should arrested without proper reason and information.
If it happen then he/she should have a fair chance to defend
themselves.
Assurance, not only on paper but in reality. Where at least a
minimum is guaranteed to everyone - This is the spirit behind
thinking about rights.
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Rights in a Democracy
What are rights?
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“Rights are reasonable claims of a person recognized by society
and sanctioned by law”
A right is possible when a person makes a claim that is equally
possible for others.
Rights should be made available to others in an equal
measure. Thus, a right comes with an obligation to respect
other rights
When fellow citizens or the government do not respect their
rights, it is called violation of rights.
In such situations, citizen can approach courts to protect
their rights.
“Fundamental rights comes with some Fundamental
Responsibilities or Duties”
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Rights in a Democracy
Why do we need rights in a democracy?
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Rights are necessary for the sustenance of a democracy.
Right to vote.
Right to be Elected to government.
Right to form political parties.
Rights protect minorities from the oppressions of majority.
Rights ensure that majority cannot do whatever it likes.
Rights are guarantees which can be used when things go wrong
When some citizens may wish to take away the rights of others.
This usually happen when those in majority want to dominate over minority.
The government should protect citizens’ rights in such situations.
Rights protect citizens against the government also.
Sometimes elected gov may also attack the rights of their citizen. e.g. Kosovo
Therefore some rights need to be placed higher than the government.
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Rights in the Indian
Constitution
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Some rights which are fundamental to our life are given a special
status in Indian Constitution. They are called Fundamental Rights.
These are the basic human rights, which are given to every citizen
in a democracy for the development of his/her personality.
These rights are guaranteed by the constitution and even government
can not take it from their citizens but some legal exceptions are also
there.
The six fundamental rights recognized by the constitution are as follows:-
Right to equality (Art 14-18)
Right to freedom (Art 19-22)
Right against exploitation (Art 23-24)
Right to freedom of religion (Art 25-28)
Cultural and educational rights (Art 29-30)
Right to constitutional remedies (Art 31)
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Rights in the Indian
Constitution
1. Right to Equality (Art 14-18)
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1. Right to Equality (Art 14-18)
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.”
The concept of rule of law
Law applies in the same manner to all, it means that no person is above the law.
All citizens are subject to same. e.g. Prime Minister facing trail.
Under right to equality government should not discriminate against any citizen on
ground only of religion, race, caste, sex or place of birth.
Every citizen shall have equal access to public places like shops, restaurants,
hotels and cinema halls and there shall be no restrictions with regards to their use.
Equality should be there in case of public jobs. {Why there is reservation?}
Banning the practice of untouchability.
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Reservations
Th Government of India has provided reservation for
Scheduled Castes (SCs), Scheduled Tribes (STs) and
Other Backward Classes (OBCs) for the upliftment and
betterment of there social and economical position
Are reservation against the Right to Equality - Justify
Equality doesn’t means giving everyone the same treatment.
Sometimes it is necessary to give special treatment to
someone in order to ensure equal opportunity. This is what
job reservation do. Just to clarify this, the constitution says
that reservation of this kind are not a violation of the Right to
Equality.
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Reservations
Try to visualize the concept of
reservation through this image