Chapter 5 Democratic Rights
1. 600 people were picked by US and put in prison of Guantanamo Bay which is an area near
Cuba controlled by American army.
2. They were suspects of attack on US (New York) on 11 September,2001.
3. Amnesty International ia an International Human Rights organisation located in London (U.K).
4. The UN Secretary General requested to close the Prison but US government denied.
5. Saudi Arabia is ruled by a hereditary king and he selects the Legislature, Executive ,appoint
judges and change their decisions.
6. Citizens can’t form political parties or political organisation and even media can’t report about
him.
7. Citizens have to follow Muslim religion and non-muslims can follow their religion in private ,not
in public.
8. Testimony of one man is considered equal to two women.
9. Kosovo was a province of Yugoslavia before splitting into 7 parts.
10. In Kosovo population was overwhelmingly ethnic Albanianans. Serbs were in majority in the
whole country.
11. Serb Nationalist Miloshevic (Miloshevich) had won election and his government was very
hostile to the Albanians.
12. He wanted serbs to dominate the country and many of his leaders thought that Ethnic
minorities Albanians either leave the country or accept the dominance of the Serbs.
13. Due to massacre killings by him he lost his power and was tried out the International Court of
Justice for crimes against humanity.
14. Right are claims of a person over fellow beings, over the society and over the government.
15. Every society makes certain rules to regulate our conduct.
16. Right are reasonable claims of persons recognised by society and sanctioned by law.
17. Rights protect minorities from the oppression of the [Link] are guarantees which can
be used when things go wrong.
18. Some rights need to be placed higher than the government, so that the government cannot
violate them.
19. Rights which are fundamental to our life and are given special status are known as
fundamental rights. Our preamble talks about securing all citizens equality, liberty and justice.
20. Fundamental Rights-i)Right to equality ii) Right to freedom iii) Right to freedom of religion iv)
Right against exploitation v) Cultural and Educational Rights vi) Right to Constitutional
Remedies
21. According to Constitution govt shall not deny to any person in India equality before law or
protection of the laws.
22. Laws apply same to all regardless of a person’s status which is also known as rule of law.
23. It is the foundation of every [Link] leader, government official and ordinary
citizen, all have to follow same laws or law treat them equally.
24. Prime Minister to small farmer have to follow same laws- Right to equality.
25. Former P.M P.V Narshimha Rao faced the cheating charges and had to face the court - Right to
equality.
26. Govt shall not discriminate against any citizen on grounds on religion,race,caste,sex,or place of
birth.
27. Every citizen shall have access to public places like shops,restaurants, hotels, and cinema halls.
28. No restriction on 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.
29. All people have the equality of opportunity.
30. Govt provided reservations for S.C,S.T,OBCs ,run schemes for women,poor ,physically
handicapped in some jobs which means that it is a way of giving everyone an equal
opportunity to achieve whatever one is capable of. For equal opportunity the above sections
are given reservations which comes in the right to equality.
31. Untouchability is has been forbidden in any form which means that any practice which looks
down upon people on account of their birth with certain caste lavels are considered as
punishable offence.
32. Right to freedom-i) freedom of speech and expression ii)Assembly in peaceful manner iii)Form
association and unions iv)Move freely throughout the country v)Reside in any part of country
and practice any profession.
33. This right give freedom of holding rallies,meetings, processions, demonstrations in peaceful
way.
34. Without any proper legal justification government or police officer cannot arrest or detain any
citizen.
35. An arrested person or detained in custody must be informed of the reasons for his arrest or
detention. He shall be produced before magistrate before 24 hours of arrest.
36. He has the right to consult or engage any lawyer for his defence.
37. Right against exploitation-3 evils and are illegal i)prohibits traffic in human [Link] any
buying of human beings is not [Link])Forced labour or Begar-worker is forced to render
service to the master free of charge or at nominal [Link])It prohibits child labour
means not employing under 14 years in rainways, ports, beedi making, fire
crackers,matches,printing and dyeing.
38. Right to freedom of religion-In our country there is no any official religion. Every person has a
right to profess ,practice and propagate the religion he or she believes in.A person is free to
change religion on his on own [Link] animals or humans is not allowed as offerings to
supernatural forces or gods.
39. A secular state is one that does not confer any privilege or favour on any particular
[Link] cannot collect taxes on the name of [Link] religious instruction is not
allowed in govt educational institution.
40. In pvt institutions nobody can be compelled to follow religious instruction or to attend
religious worship.
41. Cultural and Educational Rights-Person with distinct language or culture can conserve it.
42. Any govt. or govt aided school cannot deny any citizen on basis of religion or caste.
43. All minorities can run any educational institution of his choice which may be related to his
religion or language.
44. Telugu-majority in Andhra Prades,minority in Karnataka,Sikhs majority in Punjab and minority
in Rajasthan,Haryana,Delhi.
45. Right to constitutional Remedies-this right makes other rights [Link] right allows us that
if any of our fundamental rights is violated we can directly approach the Supreme Court or the
High court .
46. Dr Ambedkar called this Right to Constitutional Remedies as the heart and soul of our
Constitution.
47. Fundamental Rights are guaranteed against the actions of the Legislatures,the Executive and
any other govt authority.
48. The Supreme Court and High Courts have the power to issue directions,orders or writs for the
enforcements of the Fundamental Rights.
49. National Human Rights Commission(NHRC)-This was set up by law in [Link] is independent of
the government and is appointed by the President which includes retired judges, officers,
eminent citizens.
50. It help victims secure their human rights. It also include rights mentioned in the UN sponsored
international treaties that India signed.
51. It make independent and credible inquiry into any case of Humna rights.
52. Like court it can summon witnesses,question any govt. official paper demand any official
paper,visit any one in the prison or send its own team on spot on inquiry.
53. Its head office is in New [Link] are 28 State Human Rights Commissions in India.
54. In case of any violations of Fundamental Right the aggrieved person can go to a court for
remedy.
55. An person can go the court against the violations of the Fundamental Rights ,if it is of social or
public [Link] is called PIL(Public Interest Litigation.
56. Under PIL any citizen can aapproach 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 the post card.
57. Freedom of press, right to information (2005) and right to education are derived from
fundamental rights. Now govt are responsible for providing free and compulsory education to
all citizen upto the age of [Link](Right to Information)was made under the fundamental right
to freedom of thought and expression.
58. Supreme Court expanded the meaning of right to life to include the right to food.
59. Right to property is not a fundamental right but it is constitutional right.
60. Human Right-Universal claims that may or may not have been recognised by law.
61. South African Constitution guaranteed-i)Right to privacy-home cannot be searched, phones
cannot be tapped, communication cannot be opened.
62. Right to health and well-being environment.
63. Right to access to adequate housing. Healthcare facilities, sufficient food and water,no one
may be refused emergency medical treatment.
64. International Covenant On Economic, Social and Cultural Rights-i) right to work ii)right to safe
and healthy working conditions iii)Right to adequate standard of living- food, clothing, housing.
iv) Right to social security and insurance v)Right to health vi)Right to education-free,
compulsory primary education, equal access to higher education.
Articles related to Fundamental Rights
65. Article 14 guarantees equality before law as well as equal protection of the law to all
people within the territory of India. This includes the equal subjection of all persons to
the authority of law, as well as equal treatment of persons in similar circumstances.
66. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place
of birth. This right can be enforced against the State as well as private individuals, with
regard to free access to places of public entertainment or places of public resort
maintained partly or wholly out of State funds.
67. Article 16 guarantees equality of opportunity in matters of public employment and
prevents the State from discriminating against anyone in matters of employment on the
grounds only of religion, race, caste, sex, descent, place of birth, place of residence or
income.
68. Article 17 abolishes the practice of untouchability in any form, making it an offense
punishable by law. The Protection of Civil Rights Act, 1955 was enacted by Parliament
to further this objective.
69. Article 18 prohibits the State from conferring any titles other than military or academic
distinctions, and the citizens of India cannot accept titles from a foreign state. Thus,
Indian aristocratic titles and title of nobility conferred by the British have been
abolished.
70. Right to information (RTI)
Right to information has been given the status of a fundamental right under
Article 19(1) of the Constitution in 2005. Article 19 (1) provides every person with
freedom of speech and expression, as well as the right to know how the
government works, what roles it plays, and what its functions are, among other
things.[43]
71. Article 25 guarantees all persons the freedom of conscience and the right to preach,
practice and propagate any religion of their choice.
72. Article 26 guarantees all religious denominations and sects, subject to public order,
morality and health, to manage their own affairs in matters of religion, set up institutions
of their own for charitable or religious purposes, and own, acquire and manage a
property in accordance with law.
73. Article 27 guarantees that no one can be compelled to pay taxes for the promotion of
any particular religion or religious institution.
74. Article 28 prohibits religious instruction in a wholly or partially state-funded educational
institution, and educational institutions receiving aid from the State .
75. According to Article 20, no one can be awarded punishment which is more than what
the law of the land prescribes at the time of commission of the crime.
76. Protection of life and personal liberty is also stated under the right to life and personal
liberty. Article 21 declares that no citizen can be denied his life and liberty except
by due process of law. This means that a person's life and personal liberty can be
disputed only if that person has committed a crime.
77. In 2002, through the 86th Amendment Act, Article 21A was incorporated. It made the
right to primary education part of the right to freedom, stating that the state would
provide free and compulsory education to children from six to fourteen years of age. Six
years after an amendment was made in the Indian Constitution, the Union
Cabinet cleared the Right to Education Bill in 2008.
78. Article 29 grants any section of citizens having a distinct language, script, or culture of
its own, the right to conserve and develop the same, and thus safeguards the rights of
minorities by preventing the State from imposing any external culture on them. [59][60] It
also prohibits discrimination against any citizen for admission into any educational
institutions maintained or aided by the State, on the grounds only of religion, race,
caste, language or any of them.
79. Article 30 protects the rights of minority communities to develop and manage
educational institutions of their choice. All minorities, whether based on religion or
language, have the right to develop and manage educational institutions of their choice.
80. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for
enforcement of all the other Fundamental Rights, and the Supreme Court is designated
as the protector of these rights by the Constitution.[
81. Article 33 of the Indian constitution grants the Parliament the authority to enact
legislation aimed at limiting the extension of fundamental rights to particular groups,
which may encompass individuals within the Indian Army and intelligence agencies.
82. Article 34 of the Constitution grants authority to the Parliament to provide
indemnification for government servants or individuals who may have taken actions in
relation to the maintenance or restoration of order within regions where martial law had
been enforced.
83. Article 35 of the Indian Constitution is a provision that gives the Parliament the
exclusive power to make laws on certain matters related to the fundamental rights,
such as the reservation of public employment, the application of fundamental rights to
the armed forces, the restriction of fundamental rights during martial law, and the
punishment for violating the fundamental rights.
84. The right to privacy is protected as an intrinsic part of the right to life and personal
liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the
Constitution. It protects the inner sphere of the individual from interference from both
State and non-State actors and allows individuals to make autonomous life choices. On
24 August 2017, the Supreme Court of India in its Right to Privacy verdict ruled that:
"Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed in
Article 21 of the Constitution,"
List of Fundamental Rights
Articles
Fundamental Right Key Provisions
Covered
Equality before law, no discrimination, abolition of untouchability
Right to Equality 14-18
and titles
Freedom of speech, assembly, movement, profession, residence;
Right to Freedom 19-22
protection of life and liberty
Right against Exploitation 23-24 Prohibition of human trafficking, forced labor, and child labor
Right to Freedom of Freedom of conscience, religious practice, management of
25-28
Religion religious affairs
Cultural and Educational
29-30 Protection of cultural and educational rights of minorities
Rights
Right to Constitutional
32-35 Right to approach courts for enforcement of rights (writs)
Remedies
86 The Right to Property was initially included as a Fundamental Right in the Constitution of
India under Article 19(1)(f). However, it was later removed from the list of Fundamental
Rights and reclassified as a legal right under the 44th Amendment Act of 1978.
87 Fundamental rights are given inn part III of Indian Constitution.