Chapter - 5

Democratic Rights
What are democratic rights?

Democratic rights are fundamental

freedoms and protections guaranteed to
citizens in a democracy, enabling them to
participate actively in governance and live
with dignity.
Life without RIGHTS
Prison in Guantanamo Bay
•Around 600 people were secretly taken by the US from different countries.
•They were kept in a prison called Guantanamo Bay near Cuba.
•The US said they were linked to the Newyork attacks.
•Most countries where the prisoners came from were not told about this.
•Families, the news, and the UN were not allowed to see or talk to the prisoners.
•The US army arrested and questioned them.
•There was no trial or judge involved.
•The prisoners couldn’t go to court in the US or their own countries.
•Amnesty International reported that prisoners in Guantanamo Bay were being
tortured, breaking US laws.
•Prisoners were denied the treatment required by international laws for prisoners of
war.
•Many prisoners protested by going on hunger strikes.
•Some prisoners were not released even after being declared not guilty.
•The UN conducted an independent investigation and agreed with these findings.
•The UN Secretary-General said Guantanamo Bay prison should be closed.
•The US government ignored these calls and did not close the prison.

5
Dear Mr Tony Blair,
Firstly, how are you? I sent a letter two
years ago, why didn’t you reply?!? I was
waiting for a long time but you did not
reply. Please can you give me an answer
to my question? Why is my dad in prison?
Why is he far away in that Guantánamo
Bay?! I miss my dad so much. I have not
seen my dad for three years. I know my
dad has not done anything, because he is
a good man. I hear everybody speak about
my dad in a nice way. Your children spend
Christmas with you, but me and my
brothers, and sisters have spent Eid alone
without our dad for 3 years. What do you
think about that? I hope you will answer
me this time.
Thank you,

From: Anas Jamil El-Banna, 9 years old.

7/12/2005
6
 Citizen’s Rights in Saudi Arabia
•Saudi Arabia is ruled by a king who inherits power; people cannot vote or change rulers.
•The king chooses the lawmakers, government leaders, and judges, and can overrule judges.
•Citizens are not allowed to create political parties or groups.
•Media cannot report anything the king dislikes.
•There is no freedom of religion; all citizens must be Muslim.
•Non-Muslims can practice religion only in private, not in public.
•Women face many public restrictions, and a man’s testimony counts as equal to that of
two women.
•Many other countries have similar conditions too.
 Ethnic massacre in Kosovo
•Kosovo was a province of Yugoslavia with a majority ethnic Albanian population.
•Serbs were the majority in the rest of Yugoslavia.
•Slobodan Milosevic, a Serb nationalist, won democratic elections and came to
power.
•His government was hostile toward ethnic Albanians in Kosovo.
•Serb leaders wanted Albanians to either accept Serb dominance or leave the
country..
•This was one of thousands of similar attacks on Albanians during that period.
•The violence was carried out by the country’s own army under an elected leader.
•It became one of the worst cases of ethnic violence in recent history.
•Eventually, international forces intervened to stop the massacre.
•Milosevic was removed from power and tried for crimes against humanity.
In April 1999, Serbian troops entered a town in Kosovo.

Soldiers broke into the home of 74-year-old Batisha Hoxha and

her 77-year-old husband, Izet.

They asked about their children, then shot Izet three times in the
chest.

They stole Batisha’s wedding ring and burned the house as she
stood outside in the rain.

She was left with nothing — no husband, no home, no

belongings
RIGHTS in a DEMOCRACY
What are rights?
Rights are reasonable claims of persons recognised by society and
sanctioned by law…
•Rights are justified claims that individuals
make over others, society, and the government.
•They allow people to live happily, without
fear or humiliation.
•A right is valid only if it does not harm
others and can be equally enjoyed by
everyone.
•Every right carries an obligation to respect
the rights of others.
•Rights gain meaning only when recognised
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by society.
•The notion of rights changes over time —
for example, women’s right to vote was once
denied but is now accepted.
•When socially accepted claims are written
into law, they become legal rights that can be
enforced.
•If not recognised by law, they remain moral or
natural rights.
•For any claim to be a true right, it must be:
I. Reasonable,
II. Equally available to all, and
[Link] and protected by society or
law. 12
Why do we need rights in a democracy?

Rights are needed to make democracy work properly.

People must have the right to vote and become leaders.
Citizens should be free to share their opinions.
They should be allowed to form political parties and join politics.
Rights protect small groups (minorities) from being treated badly by larger groups
(majority).
They stop the majority from doing whatever they want.
Rights help people when something unfair happens.
Sometimes people try to take away others' rights.
The government should stop this and protect everyone’s rights.
But sometimes, even the government can do wrong and attack people’s rights.
So, some rights must be stronger than the government.
That’s why in most countries, important rights are written in the Constitution.

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RIGHTS IN THE INDIAN CONSTITUTION

14
Introduction
•Fundamental Rights are written in the
Constitution of India, just like in most
democracies.
•They are called Fundamental Rights because
they are basic to our freedom and dignity.
•The Preamble of the Constitution talks about
giving equality, liberty, and justice to all.
•Fundamental Rights help fulfill this promise
made in the Preamble.
•They are a core feature of the Indian
Constitution and protect every citizen
•These rights are very important for our life,
so they are given special status.
Right to Equality
•The Constitution guarantees equality before the law and
equal protection of the laws for all individuals in India.
•This means laws apply equally to everyone, regardless of
their status or position.
•No one is above the law, including political leaders,
government officials, or ordinary citizens.
•An example is given where a former Prime Minister had to
attend court and follow legal procedures like any other
citizen.
•The Constitution prohibits discrimination based on
religion, race, caste, sex, or place of birth.
•All citizens have the right to access public places such as
shops, restaurants, hotels, roads, wells, and playgrounds. 16
•These provisions were necessary because traditional caste
practices in India denied equal access to public places.
•Every citizen has equal opportunity in employment or
government jobs, without discrimination on the mentioned
grounds.
•Reservations for Scheduled Castes, Scheduled Tribes, Other
Backward Classes, women, the poor, and the disabled are not
violations of the right to equality.
•Equality means equal opportunity, which may require special
support for disadvantaged groups.
•The Constitution explicitly bans untouchability and makes it a
punishable offence.
•Untouchability includes any belief or practice that
discriminates against people based on caste or birth and
denies them equal social interaction or access to public
places.
Right to Freedom
•Freedom means no one should stop us from doing what we want, as
long as it doesn't hurt others.
•It means no interference from others or the government in our
personal choices.
•We all want to live freely and make our own decisions.
The Indian Constitution gives these freedoms to every citizen:
[Link] to speak and express your thoughts
[Link] to gather peacefully
[Link] to form groups or unions
[Link] to move anywhere in India
[Link] to live in any part of the country
18
[Link] to choose any job, business, or profession.
But these freedoms come with limits:
•You cannot use your freedom to hurt others or cause
trouble in society.
•You cannot create violence or disorder.
•The government can put reasonable rules to protect
public safety and peace.
Freedom of speech is very important in a democracy:
•It helps us grow, share ideas, and express ourselves.
•Even if your opinion is different from others, you have
the right to speak it.
•You can criticize the government or any group, talk
about it with others, or share your views in writing, art,
or music.
•But you cannot use this freedom to spread hate,
violence, or ask people to go against the government. 19
•You cannot use your freedom of speech to say false or harmful things
about others that damage their reputation. That is called defamation, and
it is not allowed.
•Citizens have the right to hold meetings, rallies, and processions to talk
about issues, share ideas, support a cause, or campaign during elections.
•But these events must be peaceful.
• People cannot carry weapons or cause violence or disorder during
such events.
•Citizens can form groups or associations.
• For example, workers can form a union to protect their rights.
• People can form groups to fight against problems like corruption
or pollution.
•Everyone has the freedom to travel or live anywhere in India.
• For example, someone from Assam can move to Hyderabad to
start a business, even if they’ve never been there before.
• This freedom allows people to move from villages to cities or from
poor areas to better ones.
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•You can choose any job or career you want.
• No one can force you to take up a certain job or stop you from doing
one.
• Women can do any kind of job.
• People from lower castes cannot be forced to stick to their traditional
or old caste-based jobs.
•The Constitution protects your life and personal freedom.
• No one can take your life or freedom away unless it's done by legal
process.
If someone is arrested:
[Link] must be told why they are being arrested.
[Link] must be brought before a magistrate within 24 hours.
[Link] have the right to meet a lawyer and take legal help.
 Right against Exploitation
➢ Prohibition of Human Trafficking
• “Traffic in human beings” means the buying and selling of
persons, especially women and children, for immoral or illegal
purposes such as prostitution or forced labour.
• The Constitution makes this practice a punishable offence.

➢ Prohibition of Forced Labour or Begar

• Begar refers to a system where a person is forced to work
without pay or for extremely low wages.
• Any form of forced or bonded labour (when someone is
compelled to work to repay debts) is illegal under this article.

➢ Prohibition of Child Labour

• No child below 14 years can be employed in any factory,
mine, or hazardous occupation such as working in railways,
ports, or industries like firecrackers, beedi making, or dyeing.
• This ensures the protection and development of children
Right to Freedom of Religion
[Link] to Profess, Practice, and Propagate Religion
• Every individual is free to believe in, follow, and spread his or
her religion.
• However, this right does not include forcing or persuading
someone to convert through fraud, threats, or inducements.
• People are free to change their religion by their own choice.
• Religious freedom cannot justify practices that harm others
or go against the law (e.g., animal or human sacrifice).

[Link] to Manage Religious Affairs

• Every religious group has the right to establish and manage its
own religious institutions, such as temples, mosques, churches,
or gurudwaras.
[Link] to Manage Religious Affairs
• Every religious group has the right to establish and manage its
own religious institutions, such as temples, mosques, churches, or
gurudwaras.

[Link] from Taxation for Promotion of a Religion

• The government cannot force any citizen to pay taxes for the
promotion or maintenance of any particular religion or religious
institution.
[Link] from Religious Instruction in Government Institutions
• No religious teaching shall be given in government-run schools.
• In private schools, no student can be forced to attend religious
classes or worship.
Cultural and Educational Rights

•In a democracy, the majority already has more power and influence.

•Therefore, the majority does not need special protection.

•The minorities (with different languages, religions, or cultures) are

more likely to be ignored or discriminated against.

•To prevent this, the Constitution provides written guarantees to

protect their rights.

•These guarantees help minorities preserve their culture, language,

and religion.

•This ensures equality and fairness for all communities in India.

 Any section of citizens with a
distinct language or culture have a
right to conserve it.

Admission to any educational

institution maintained by
The cultural and government or receiving
educational rights given government aid cannot be denied
to any citizen on the ground of
to the minorities by the religion or language.
constitution
All minorities have the right to
establish and administer
educational institutions of their
choice. Here minority does not
mean only religious minority at the
national level.
•The terms majority and minority depend on the place or state.

•A group that is a majority in one state can be a minority in

another.

•Example: Telugu-speaking people are a majority in Andhra

Pradesh, but a minority in Karnataka.

•Example: Sikhs are a majority in Punjab, but a minority in

Rajasthan, Haryana, and Delhi.

•This shows that every community’s status can change, so all

groups need equal protection under the Constitution.
How can we secure these rights?
•Rights must be enforceable: Fundamental Rights
are guarantees, but they are only meaningful if there
is a way to protect them. The Right to Constitutional
Remedies allows citizens to approach the courts if
their rights are violated. Dr. B.R. Ambedkar called this
the “heart and soul of the Constitution.”

•Who can violate rights: Rights can be violated by

the government, government bodies (like banks,
electricity boards), or private
individuals/organizations.

•Role of courts: The Supreme Court and High

Courts can issue orders, directions, or writs to
protect rights, punish violators, and award
compensation to victims. 28
•Right to seek remedy: Any person whose Fundamental Rights are
violated can directly go to court.
•Public Interest Litigation (PIL): Citizens or groups can approach
courts to protect the public interest, even if they are not personally
affected. A simple letter or postcard can start a PIL if the court finds
it important.
•Importance: This system ensures that Fundamental Rights are not
just promises on paper—they are practical protections that everyone
can rely on.
EXPANDING SCOPE OF RIGHTS

30
•Fundamental Rights are the core, but not the only rights: While
Fundamental Rights form the base, the Constitution and laws provide many
other rights for citizens.
•Rights can expand through courts: Over time, courts have interpreted and
expanded rights, including:
• Freedom of press
• Right to information
• Right to education (schooling up to age 14 is now free and
compulsory)
• Right to food (as part of the right to life)
•Government responsibilities: Laws and policies ensure citizens can exercise
these rights, e.g., the Right to Information Act allows citizens to seek
information from government offices.
.
•Other constitutional rights: Some rights are not Fundamental
Rights but are still protected, like:
• Right to property
• Right to vote
•Human rights: These are universal moral claims that may or
may not be legally recognized. International pressure and treaties
have encouraged governments to recognize these rights.
•Rights evolve over time: New rights emerge through social
struggle, judicial decisions, and societal development.
Constitutions in other countries, like South Africa, also guarantee
new rights.
 The Constitution of South
Africa guarantees its
citizens several kinds of new
rights
Right to have access to
health care services,
Right to privacy, so that sufficient food and
citizens or their home water; no one may be
cannot be searched, refused emergency
their phones , cannot be medical treatment.
tapped, their
communication cannot
be opened.

Right to an environment Right to have access to

that is not harmful to adequate housing.
their health or wellbeing
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TEAM MATES:-

PETRINA CHRYSOLITE
SHAHEDA FATHIMA
SANAVI UDACHAN
TASHVI SINGH
MAANVI SINGH
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