Chapter-5
Democratic Rights
Notes
Life Without Rights
Story of Guantanamo Bay
About 600 people secretly picked up by the U.S. forces from all over the world were kept in a prison
Guantanamo Bay.
1. Argument of U.S. government was that they were enemies of U.S. and linked to the attack on
New York on 11 September 2001.
2. Arrest was without any information or notice; their families also did not know about that.
3. No one was allowed to meet the prisoners; there was no trial before any magistrate.
This was the clear case of infringement of Fundamental Rights.
1. Amnesty International worked over this and highlighted the issue.
2. U.N. secretary General said that the Prison should be closed down.
3. U.S. government refuse to accept these pleas.
Story of Saudi Arabia
1. The country is ruled by a hereditary king and the people have no role in electing or changing
their rulers.
2. The king selects the legislature as well as the executive. He appoints the judges and can
change any of their decisions.
3. Citizens cannot form political parties or any political organisations. Media cannot report
anything that the monarch does not like.
4. 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.
5. Women are subjected to many public restrictions. The testimony of one man is considered
equal to that of two women.
Story of Kosovo
1. Kosovo was a province of Yugoslavia before its split.
2. In this province the population was overwhelmingly ethnic Albanian. But in the entire
country, Serbs were in majority.
3. A narrow-minded Serb nationalist Milosevic (pronounced Miloshevich) had won the election.
His government was very hostile to the Kosovo Albanians.
4. 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.
5. There was a massacre of Albanians carried out by the army of their own country.
6. 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. For each of the
three cases of life without right.
Rights in Democracy
Rights
Rights are reasonable claims of persons recognised by society and sanctioned by law.
Why do we need rights in a democracy?
1. Rights are necessary for the very sustenance of a democracy.
(i) Right to vote
(ii) Right to express
(iii) Right to form political parties
2. Rights protect minorities from the oppression from the majority.
3. Rights ensure that majority cannot do whatever it likes.
4. Rights protect citizens against government also.
5. Sometimes elected government may also attack the rights of their own citizens. E.g.- Kosovo.
Some rights need to be placed higher than government.
Fundamental Rights in the Indian Constitution
Some rights which are fundamental to our life are given a special status. They are called Fundamental
Rights. They are-
(i) Right to equality (article 14-18)
(ii) Right to freedom (article 19-22)
(iii) Right against exploitation (article 23-24)
(iv) Right to freedom of religion (article 25-28)
(v) Culture and educational rights (article 29-30)
(vi) Right to constitutional remedies (article 32)
Right to Equality- Rule of Law
1. It means that the laws apply in the same manner to all, regardless of a person’s status. This is
called the rule of law. It means that no person is above the law.
2. Under right to equality government should not discriminate against any citizen on ground
only of religion, race, caste, sex or place of birth.
3. Every citizen shall have equal access to public places like shops, restaurants, hotels, and
cinema halls and there shall be no restrictions with regard to their use.
4. Equality should be there in case of public jobs.
5. Banning the practice of untouchability.
Are reservations against right to equality?
1. They are not. For equality does not mean giving everyone the same treatment, no matter what
they need.
2. Equality means giving everyone an equal opportunity to achieve whatever one is capable of.
3. Sometimes it is necessary to give special treatment to someone in order to ensure equal
opportunity.
4. Equals should be treated equally and unequal should be treated unequally.
5. Hence, reservations are not a violation of right to equality.
What is untouchability?
It refers to any belief or social practice which looks down upon people on account of their birth with
certain caste labels. Such practice denies them interaction with others or access to public places as
equal citizens. The Constitution has made untouchability a punishable offence.
Right to Freedom
1. Freedom means absence of constraints. In practical life it means absence of interference in
our affairs by others – be it other individuals or the government.
2. Under the Indian Constitution all citizens have the right to-
(i) Freedom of speech and expression.
(ii) Assembly in a peaceful manner.
(iii) Form associations and unions.
(iv) Move freely throughout the country.
(v) Reside in any part of the country.
(vi) Practice any profession, or to carry on any occupation, trade or business.
3. Right to freedom comes with reasonable restrictions to protect the larger interests of the
society.
4. You cannot exercise your freedom in such a manner that violates others’ right to freedom.
5. Your freedoms should not cause public nuisance or disorder.
6. You are free to do everything which injures no one else.
Freedom of speech and expression