Class IX

Worksheet

CHAPTER 5 DEMOCRATIC RIGHTS

5.1 LIFE WITHOUT RIGHTS

Prison in Guantanamo bay

 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
Amercian Navy.
 The American government said that they were enemies of the US and linked to
the attack on New York on 11 September 2001.
Denial of Rights
 In most cases the governments of their countries were not asked or even
informed about their imprisonment.
 Families of prisoners, media or even UN representatives were not allowed to
meet them.
 The US army arrested them, interrogated them and decided whether to keep
them there or not.
 There was no trial before any magistrate in the US. Nor could these prisoners
approach courts in their own country.
Role of Amnesty International
 Amnesty International, an international human rights organisation, collected
information on the condition of the prisoners in Guantanamo Bay and reported
that the prisoners were being tortured in ways that violated the US laws.

Citizens’ Rights in Saudi Arabia

Q. How are citizens in Saudi Arabia being denied?

 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. He appoints the judges
and can change any of their decisions.
 Citizens cannot form political par ties or any political organisations. Media
cannot report anything that the monarch does not like.
  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.

Ethnic massacre in Kosovo

Describe the instances of denial of right to Ethnic minorities like Albanians.

 This was a province of Yugoslavia before its split. In this province the population
was overwhelmingly ethnic Albanian. But in the entire country, Serbs were in
majority.
 A narrow minded Serb nationalist Milosevic (pronounced Miloshevich) had won
the election. His government was very hostile to the Kosovo Albanians.
 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.

5.2 RIGHTS IN A DEMOCRACY

Why do we need Rights in Democracy

Describe the role/importance of Rights in democracy

 Rights are necessary for the very sustenance of a democracy.

 Rights protect minorities from the oppression of majority.
 They ensure that the majority cannot do whatever it likes.
 Rights are guarantees which can be used when things go wrong. Things may go
wrong when some citizens may wish to take away the rights of others.
 This usually happens when those in majority want to dominate those in minority.

What are rights?

Rights are reasonable claims of persons recognised by society and sanctioned by law.

Why do we need rights in a democracy

5.3 RIGHTS IN THE INDIAN CONSTITUTION

Right to equality

Q. Describe Right to Equality

 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 government shall not discriminate against any citizen on grounds of religion,
caste, ethnicity, sex or place of birth.
  All citizens have equality of opportunity in matters relating to employment or
appointment to any position in the government.

 The practice of untouchability has been forbidden in any form.

Q. Are reservations of this kind are not a violate the Right to Equality?

 For equality does not mean giving everyone the same treatment, no matter what
they need.

 Equality means giving everyone an equal opportunity to achieve whatever one is

capable of.

 Sometimes it is necessary to give special treatment to someone in order to

ensure equal opportunity.

 This is what job reservations do. Just to clarify this, the Constitution says that
reservations of this kind are not a violation of the Right to Equality.

Right to Freedom

 Freedom of speech and expression

 Freedom of speech and expression is one of the essential features of any

democracy.
 Our ideas and personality develop only when we are able to freely
communicate with others.
 Even if a hundred people think in one way, We should have the freedom to
think di erently and express our views accordingly.
 we may disagree with a policy of government or activities of an
association.
 we are free to criticise the government or the activities of the association
in your conversations with parents, friends and relatives
 we may publicise our views through a pamphlet, magazine or newspaper.
we can do it through paintings, poetry or songs.
Restrictions
“Freedom of speech and expression is not absolute” Justify.
 However, we cannot use this freedom to instigate violence against
others.
 we cannot use it to incite people to rebel against government.
 Neither can we use it to defame others by saying false and mean
things that cause damage to a person’s reputation.

 Assembly in a peaceful manner

  Citizens have the freedom to hold meetings, processions, rallies and
demonstrations on any issue.
 They may want to discuss a problem, exchange ideas, mobilise public
support to a cause, or seek votes for a candidate or party in an election.
But such meetings have to be peaceful.
Restrictions
 They should not lead to public disorder or breach of peace in
society.
 Those who participate in these activities and meetings should not
carry weapons with them.

 Form associations and unions

 Citizens also can form associations. For example workers in a factory can
form a workers’ union to promote their interests.
 Some people in a town may come together to form an association to
campaign against corruption or pollution.

 Move freely throughout the country

 As citizens we have the freedom to travel to any part of the country.

 Reside in any part of the country,
 We are free to reside and settle in any part of the territory of India.

 Practice any profession, or to carry on any occupation, trade or business.

 The same freedom extends to choice of occupations.

 No one can force us to do or not to do a certain job.
 Women cannot be told that some kinds of occupations are not for them.
 People from deprived castes cannot be kept to their traditional
occupations.

Q. Describe Personal Liberty

 The Constitution says that no person can be deprived of his life or personal
liberty except according to procedure established by law.
 It means that no person can be killed unless the court has ordered a death
sentence.
 It also means that a government or police o icer cannot arrest or detain any
citizen unless he has proper legal justification.

Q. What are the rights of an accused?

 A person who is arrested and detained in custody will have to be informed of the
reasons for such arrest and detention.
  A person who is arrested and detained shall be produced before the nearest
magistrate within a period of 24 hours of arrest.
 Such a person has the right to consult a lawyer or engage a lawyer for his
defence

Right against exploitation

Q. Explain Right against exploitation.

 The Constitution mentions three specific evils and declares these illegal.
 First, the Constitution prohibits ‘tra ic in human beings’. Tra ic here means
selling and buying of human beings, usually women, for immoral purposes.
 Second, our Constitution also prohibits forced labour or begar in any form. Begar
is a practice where the worker is forced to render service to the ‘master’ free of
charge or at a nominal remuneration.
 When this practice takes place on a life-long basis, it is called the practice of
bonded labour.
 Finally, the Constitution also prohibits child labour. No one can employ a child
below the age of fourteen to work in any factory or mine or in any other
hazardous work, such as railways and ports.
 Using this as a basis many laws have been made to prohibit children from
working in industries such as beedi making, firecrackers and matches, printing
and dyeing.

Rights to Freedom of Religion

Q. What is the basis of Indian Secularism?

 Secularism is based on the idea that the state is concerned only with relations
among human beings, and not with the relation between human beings and God.
 A secular state is one that does not establish any one religion as o icial religion.
 Indian secularism practices an attitude of a principled and equal distance from
all religions.
 The state has to be neutral and impartial in dealing with all religions.

Q. Describe right to religion.

 Every person has a right to profess, practice and propagate the religion he or
she believes in. Every religious group or sect is free to manage its religious
a airs.
  A right to propagate one’s religion, however, does not mean that a person has
right to compel another person to convert into his religion by means of force,
fraud, inducement or allurement.
 Of course, a person is free to change religion on his or her own will.
 Freedom to practice religion does not mean that a person can do whatever
he wants in the name of religion.
 For example, one cannot sacrifice animals or human beings as o erings to
supernatural forces or gods. Religious practices which treat women as
inferior or those that infringe women’s freedom are not allowed.
 For example, one cannot force a widow to shave head or wear white clothes.

Q: What makes a state a secular state?

 A secular state is one that does not confer any privilege or favour on any
particular religion.
 Nor does it punish or discriminate against people on the basis of religion
they follow.
 Thus the government cannot com pel any person to pay any taxes for the
promotion or maintenance of any particular religion or religious institution.
 There shall be no religious instruction in the govern ment educational
institutions.
 In educational institutions managed by private bodies no person shall be
compelled to take part in any religious instruction or to attend any religious
worship.

Cultural and Educational Right

 Any section of citizens with a distinct language or culture have a right to conserve
it.
 Admission to any educational institution maintained by government or receiving
government aid cannot be denied to any citizen on the ground of religion or
language.
 All minorities have the right to establish and administer educa tional institutions
of their choice.

Right to Constitutional Remedies (How can we secure these rights?)

 We have a right to seek the enforcement of the above mentioned rights. This is
called the Right to Constitutional Remedies.
 This right makes other rights e ective. It is possible that sometimes our rights
may be violated by fellow citizens, private bodies or by the government.
 When any of our rights are violated we can seek remedy through courts.
  If it is a Fundamental Right we can directly approach the Supreme Court or the
High Court of a state.
 That is why Dr. Ambedkar called the Right to Constitutional Remedies, ‘the
heart and soul’ of our Constitution.
 The Supreme Court and High Courts have the power to issue directions, orders
or writs for the enforcement of the Fundamental Rights.

National Human Rights Commission

Q: Write short note of NHRC.

 This is an independent commission set up by law in 1993

 Like judiciary, the Commission is independent of the government.

 The Commission is appointed by the President and includes retired judges,
o icers and eminent citizens.
 Yet it does not have the burden of deciding court cases. So it can focus on
helping the victims secure their human rights. These include all the rights
granted to the citizens by the Constitution.
 For NHRC human rights also include the rights mentioned in the UN sponsored
international treaties that India has signed.
 The NHRC cannot by itself punish the guilty. That is the responsibility of
courts.

Q: Describe the functions of NHRC

 The NHRC is there to make independent and credible inquiry into any case of
violation of human rights.
 It also inquires into any case of abetment of such violation or negligence in
controlling it by any government o icer and takes other general steps to promote
human rights in the country.
 The Commission presents its findings and recommendations to the government
or intervene in the court on behalf of the victims.
 It has wide ranging powers to carry out its inquiry. Like any court it can summon
witnesses, question any government o icial, demand any o icial paper, visit any
prison for inspection or send its own team for on-the-spot inquiry.
 Any citizen of India can write a letter to this address to complain against the
violation of human rights

5.4 EXPANDING SCOPE OF RIGHTS

“The scope of rights has been expanding and new rights are evolving over time”.
Explain the statement.
  While Fundamental Rights are the source of all rights, our Constitution and law
o ers a wider range of rights. Over the years the scope of rights has expanded.
 Sometimes it leads to expansion in the legal rights that the citizen can enjoy.
 From time to time, the courts gave judgments to expand the scope of rights.
 Certain rights like right to freedom of press, right to information, and right to
education are derived from the Fundamental Rights.
 Now school education has become a right for Indian citizens.
 The governments are responsible for providing free and compulsory education to
all children up to the age of 14 years.
 Parliament has enacted a law giving the right to information to the citizens. This
Act was made under the Fundamental Right to freedom of thought and
expression.
 We have a right to seek information from government o ices. Recently the
Supreme Court has expanded the meaning of the right to life to include the right
to food.
 Also, rights are not limited only to Fundamental Rights as enumerated in the
Constitution. Constitution provides many more rights, which may not be
Fundamental Rights.
 For example the right to property is not a Fundamental Right but it is a
constitutional right. Right to vote in elections is an important constitutional right.

Describe Human Rights

 These are universal moral claims that may or may not have been recognised by
law.
 In that sense these claims are not rights going by the definition that we presented
earlier.
 With the expansion of democracy all over the world, there is greater pressure on
governments to accept these claims.
 Some international covenants have also contributed to the expansion of rights.

The Constitution of South Africa guarantees its citizens several kinds of new rights:

Q. What are new rights the Constitution of South Africa guarantees?

 Right to privacy, so that citizens or their home cannot be searched, their phones
cannot be tapped, their communication cannot be opened.
 Right to an environment that is not harmful to their health or well being;
 Right to have access to adequate housing.

International Covenant on Economic, Social and Cultural Rights This international

covenant recognises many rights that are not directly a part of the Fundamental Rights
in the Indian Constitution. This has not yet become an international treaty. But human
right activists all over the world see this as a standard of human rights. These include:

 right to work: opportunity to everyone to earn livelihood by working

 right to safe and healthy working conditions, fair wages that can provide decent
standard of living for the workers and their families
 right to adequate standard of living including adequate food, clothing and
housing
 right to social security and insurance
 right to health: medical care during illness, special care for women during
childbirth and prevention of epidemics
 right to education: free and compulsory primary education, equal access to
higher education.

Amnesty International: An international organisation of volunteers who campaign for

human rights. This organisation brings out independent reports on the violation of
human rights all over the world.

Claim: Demand for legal or moral entitlements a person makes on fellow citizens,
society or the government.

Covenant: Promise made by individuals, groups or countries to uphold a rule or

principle. It is legally binding on the signatories to the agreement or statement.

Dalit: A person who belongs to the castes which were considered low and not
touchable by others. Dalits are also known by other names such as the Scheduled
Castes, Depressed Classes etc.

Ethnic group: An ethnic group is a human population whose members usually identify
with each other on the basis of a common ancestry. People of an ethnic group are
united by cultural practices, religious beliefs and historical memories.

Tra ic: Selling and buying of men, women or children for immoral purposes. Summon:
An order issued by a court asking a person to appear before it.

Writ: A formal document containing an order of the court to the government issued only
by High Court or the Supreme Court.