Democratic Rights

Why are rights needed?

In the absence of rights how things can be like?
Understanding of Democracy
Democratic Rights
• If a democracy is really very good then in that democracy
it is a must that people must have rights.
• If there are no rights to individuals then its big question
on democracy.
• Let’s explore three real life stories where people’s rights
were snatched and taken away. This will further lead to a
discussion whether it was right or wrong.
• Guantanamo Bay is a place in Cuba, but the United States
controls a part of it under a long-term agreement.
That area is used by the U.S. Navy — the part of the U.S.
military that operates at sea.
• So, when the rights of people were taken away at this
place, was it right or wrong?
 Guantanamo Bay
• Guantánamo Bay is a U.S. naval base because
the American Navy is stationed there.
• US prison area: Secretly 600 people from all
over the the world were taken (picked up by the
US forces), arrested and put to that jail. Why?
• US argument: 11th Sept 2001 attack (New York).
Out of suspicion these people were kept in jail
whether they were guilty or not, that became
immaterial. The Americal Govt. said that they
were enemies of the US. (9/11 attack).
• In most cases, the govt. of their countries were
not even asked or even informed about their
imprisonment. Unlawful. Families didn’t know.
• Prisoners basic rights were denied.
• They were even doing hunger strikes but US was
not ready to listen.
• United Nations (UN Secretary General) also
directed US to shut this prison but still things
were ignored.
Guantanamo Bay
• Families of prisoners, media or even UN representatives were not
even allowed to meet them.
• The US army arrested them, interrogated them, decided whether to
keep them there or not.
• No trial before any magistrate in the US.
• Nor could these prisoners approach courts in their own country.
• INNOCENT UNTIL PROVEN GUILTY: No rights available to them.
Deprived. On the basis of suspicion.
Amnesty International
• Takes care of Human Rights.
• Collected info on the condition of these prisoners – Prisoners were
being tortured in ways that violated the US laws.
• Prisoners were not released even after they were officially declared
not guilty.
Different Case
• One country’s people arrested another country’s people.
• Rights
• Saudi Arabia: The country is ruled by a hereditary king and the people
have no role in electing or changing rulers. Citizens of the country will not
decide everything rather the king will. Women have no rights. Religion
choice is not respected so cannot follow a particular chosen one in public.
• Men will have a say whereas women won’t. The testimony of one man is
equal to that of 2 women.
• Citizens cannot form any political org or parties. Media cannot report
anything that the monarch does not like.
Saudi Arabia
• No freedom of religion
• Every citizen is required to be a muslim.
• Non Muslim residents can follow their religion in private not
publically.
Ethnic Massacre in Kosovo – Massacre
against an ethnic group

• Kosovo: A province in Yugoslavia before its split.

• In this province, Albanians ethnic group people were in majority.
• But in the entire country serbs were in majority.
• One Fanatic narrow minded serb nationalist leader “Slabodan Milosevic”
• When he came to power he wanted that serbs dominate and Albanians be
removed and then happened large mass scale killing of people – Massacre.
His govt. was very hostile to the Kosovo Albanians.
• Many Serb leaders thought that ethnic minorities like Albanians should
either leave the country or accept the dominance of the serbs.
• Now here was a democratically elected govt. and democratically elected
leader.
• Later Milosevic was punished too.
Story of an Albanian family in a town in
Kosovo in April 1999
• 74 Year old Batisha Hoxha was sitting in her kitchen with her 77 Year
old husband Izet, staying warm by the stove. They had heard
explosions but did not realize that Serbian troops had already entered
the town. The next thing she knew five or six soldiers had burst
through the front door and were demanding “Where are your
children?”
• With her husband dying before her the soldiers pulled the wedding
ring off her finger and told her to get out.
Significance of Rights
• Reasonable claims – for all – Society must also accept.
• Minimum standard of living must be guaranteed to all.
• In the past if there were talks about women’s voting rights it would not have made sense.
• But now if not given like the case of Saudi Arabia then it is seen as wrong.
• It should be sanctioned by law. Then they become rights.
• Why do we need rights? They form the very basis of democracy.
• Right to Vote – Right to Choose – Democracy is practiced – Protection of Minorities from
Majorities.
• Govt. will enforce these rights. But Milosevic was a govt. individual only so if govt. only eats those
rights, then? Therefore, rights have to be kept above that and rights must be protected even from
the govt.
• Finally, several other countries intervene to stop the massacre. Milosevic lost power and was tried
by the International Court of Justice for crimes against humanity.
 Rights in the Indian Constitution
• Fundamental Rights
• Right to Equality – Rule of Law (supreme) – Everyone will be treated equally.
• Rule of Law: Law applies in the same manner to all, regardless of a person’s status.
• No discrimination on any grounds. Equality before the law. Equal protection of the laws.
• Rule of law and equality before law are the next pillars. Rule of law means that both rulers and ordinary
citizens must obey the law, and state actions must follow established legal procedures. Equality before law
means no one is above the law — whether a minister, a corporate CEO, or a student. These ideas protect
citizens against arbitrary arrests, discriminatory policies, and misuse of power. Example: PM facing trial.
• Abstract Equality? Extra push is given to those who are left behind in the form of reservations like SCs, STs,
Women.
• Untouchability is banned and anyone practicing it is punished.
• Right to Freedom: No constraints but it must be ensured that we do not hamper another individual’s freedom.
Reasonable restrictions. Freedom to express so that we can grow without harming anyone else. Freedom to
protest or show your dissatisfaction without doing violence, else govt. can put reasonable restrictions.
Freedom to travel. We are free to live. It does not mean we can steal things at someone’s house.
• Right against Exploitation: 3 things Declared ILLEGAL – Human Trafficking, Begar System (Bonded Labour,
forced labour, Child Labour.
Right to Freedom of Religion
• India – Secular.
• All religions are seen equal.
• Nobody can impose one religion on another.
• CULTURAL AND EDUCATIONAL RIGHTS
• Minority culture is vulnerable because majority can impose their culture. Minorities do
have the right to protect their own culture.
• RIGHT TO SEEK CONSTITUTIONAL REMEDIES
• If any right is violated and you don’t get justice on that, all of it loses its meaning then
and there, that is this right is extremely crucial. This right ensures and provides that if any
of the other rights is violated then action will be taken on that. Therefore, DR. BR
AMBEDKAR called these rights the heart and soul of Indian Constitution. PUBLIC
INTEREST LITIGATION CAN BE FILED for greater good of everyone.
• Judiciary: Protects our rights
Expansion of Scope of Rights
• Fundamental Rights – By law these rights get expanded legally.
• Right to Education is added.
• Right to Info is added to expand the scope of rights.
• RIGHT TO VOTE is a CONSTITUTIONAL RIGHT – so the scope of it also
expands.
• New rights keep evolving and scope of expanding rights is an
evergreen process.
Rights
• Reasonable claims of individuals
• Recognized by Society
• Sanctioned by Law
• Why do we need rights in a democracy?
• Sustenance of a democracy (Political Equality) depends on rights:
Right to vote, Right to be elected to the govt., right to express
opinion, form political parties, and take part in political activities.
• In most democracies, the basic rights of the citizen are written down
in the constitution.
Rights of an arrested person
• Govt. or police officer cannot arrest or detain any citizen unless he
has proper legal justification.
• Even when they do, there are certain procedures:
• Informing their family
• Magistrate within 24 hours, right to call or consult their lawyer
• Trial
Habeas Corpus
• Habeas Corpus is a Latin term meaning “to have the body.” It is a writ
issued by a court to protect an individual’s right to personal liberty. It
ensures no person is unlawfully detained.
• Example: If a person is arrested without reason, the court can order
their immediate release through Habeas Corpus.
• Public Interest Litigation (PIL) allows any citizen or group to approach
the court on behalf of others whose rights are being violated. It helps
ensure justice for those unable to reach court themselves.
Example: A PIL can be filed against pollution in a river or poor
conditions in government hospitals.
NHRC
• National Human Rights Commission
• Independent commission set up by law in 1933
• Appointed by the president and includes retired judges, officers, and
eminent citizens.
• Includes the rights mentioned in the UN sponsored International
treaties that India has signed.
• It cannot by itself punish the guilty.
• There to make independent and credible enquiry just to see who is
right or wrong.
RIGHT TO WORK
• SAFE AND HEALTHY WORK CONDITIONS
• RIGHT TO FOOD
• SCOPE OF RIGHTS KEEP ON INCREASING
• Right to Health
• Right to Live
• Right to Education
• Right to Privacy: Constitution of South Africa guarantees its citizens
Conclusion
• Democratic rights protect citizens from misuse of power and ensure
equality, freedom, and justice for all. They empower people to
question authority, seek justice through courts, and participate in
governance responsibly. Safeguarding these rights strengthens
democracy and builds an aware, responsible, and just society.