Class 9- Political Science

CH- DEMOCRATIC RIGHTS

• What are rights?

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

• Why do we need rights in a democracy?

1. Every citizen has to have the right to vote or be elected to government.

2. For democratic elections to take place it is necessary that citizens should have the right to
express their opinion, form political parties and take part in political activities.

3. Rights protect minorities from the oppression of majority.

4. Some rights need to be placed higher than the government, so that the government
cannot violate these. In most democracies the basic rights of the citizen are written down in the
constitution.

• There are six main fundamental rights in our constitution.

➢ Right to Equality

1. Rule of Law: Under Right to equality, rule of law means that the laws apply in the
same manner to all, regardless of a person’s status.

It means that no person is above the law. There cannot be any distinction between a
political leader, government official and an ordinary citizen.

2. Right to equality also states that the government shall not discriminate against any
citizen on grounds of religion, caste, ethnicity, sex or place of birth.

3. Every citizen shall have access to public places like shops, restaurants, hotels, and
cinema halls. There shall be no restriction with regard to 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.

4. All citizens have equality of opportunity in matters relating to employment or

appointment to any position in the government. No citizen shall be discriminated against or
made ineligible for employment on the grounds of caste, gender, religion etc.

6. Right to equality also prohibits untouchability which is an extreme form of social

discrimination.
Untouchability in our constitution not only means refusal to touch the people belonging
to certain castes. It also means any social belief or practice of looking down upon people
on account of their birth in a particular caste.

➢ What is Right to Freedom?

Right to Freedom means absence of interference in our affairs by others – be it other individuals
or the government. Following rights are included in this.

1. Right to Freedom of speech and expression

2. Right to Freedom to assemble in a peaceful manner

3. Right to Freedom to form associations and unions

4. Right to Freedom to move freely throughout the country

5. Right to Freedom to reside in any part of the country

6. Right to Freedom to practice any profession, or to carry on any occupation, trade or

business.

This right also states that no person can be deprived of his life or personal liberty. It mena sthat
no person can be killed unless the court has ordered death.

Rules to be followed by the government or police officer when arrest or detain any citizen

1. A person who is arrested and detained in custody will have to be informed of the reasons
for such arrest and detention.

2. A person who is arrested and detained shall be produced before the nearest magistrate
within a period of 24 hours of arrest.

3. Such a person has the right to consult a lawyer or engage a lawyer for his defense.

4. Such a person not be tortured or beaten.

5. Such a person to be allowed to meet his family members and relatives.

Restrictions on the Right to Freedom:

Freedom does not mean license to do anything. Government also imposes certain restrictions
on this right.

1) This right gives freedom to criticize the govt and express views but it should not be
done to incite people to rebel against govt and say false things to damage others.

2) This right gives freedom to hold meetings and rallies but such meetings should not
lead to social disorder or break of peace. People should not carry weapons with them.

3) This right allows people to follow any occupation but it also says that no one can force
others to do a certain job. women should not be told which occupation should they do.

➢ Right against Exploitation

The Constitution mentions three specific evils and declares these illegal.

1. First, the Constitution prohibits ‘traffic in human beings’. Traffic here means selling and
buying of human beings, usually women, for immoral purposes.

2. 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.

3. 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.

➢ Right to Freedom of Religion

1. This right states that India is a secular country. A secular state is one that does not
establish any one religion as official religion.

2. This right also states that 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
affairs.

3. 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 offerings to
supernatural forces or gods. Religious practices which treat women as inferior are not allowed.

4. Discrimination against people on the basis of religion is not allowed. Thus the
government cannot compel any person to pay any taxes for the promotion or maintenance of
any particular religion or religious institution.
5. There shall be no religious instruction in the government 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 Rights

1. The language, culture and religion of minorities needs special protection, otherwise,
they may get neglected or undermined by the majority. That is why the Constitution specifies the
cultural and educational rights of the minorities.

2. This right says that, any section of citizens with a distinct language or culture has a right
to conserve it.

3. 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.

4. All minorities have the right to establish and administer educational institutions of
their choice.

➢ Right to Constitutional Remedies

1. The fundamental rights in the Constitution are important because they are enforceable.
We have a right to seek the enforcement of the above mentioned rights. This is done through a
right called the Right to Constitutional Remedies.

2. This right makes other rights effective. When any of our rights are violated we can seek
remedy through courts.

3. Under this right, if any Fundamental Right is violated or not given to a citizen then 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.

4. The Supreme Court and High Courts have the power to issue directions, orders
or writs for the enforcement of the Fundamental Rights. They can punish the violators and
compensate the victims.

5. Under the PIL (PUBLIC INTEREST LITIGATION) any citizen or group of citizens can
approach the Supreme Court or a High Court for the protection of public interest against a
particular law or action of the government.
 • EXPANDING SCOPE OF RIGHTS (Constitutional Rights)

1. While Fundamental Rights are the source of all rights, our Constitution and law offers a
wider range of rights. Over the years the scope of rights has expanded.

2. Now school education has become a right for Indian citizens.( right to education )
The governments are responsible for providing free and compulsory education to all children up
to the age of 14 years.

3. Parliament has enacted a law giving the right to information to the citizens. We have a
right to seek information from government offices.

4. Recently the Supreme Court has expanded the meaning of the right to life to include the
right to food.

5. The right to property and right to vote in elections are important constitutional rights.

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

1. Right to privacy, so that citizens or their home cannot be searched, their phones cannot
be tapped, their communication cannot be opened.

2. Right to an environment that is not harmful to their health or wellbeing.

3. Right to have access to adequate housing.

4. Right to have access to health care services, sufficient food and water; no one may be
refused emergency medical treatment.

• Human right activists all over the world seek a set of rights as a standard of
human rights.

The international Convenant recognises many rights that are not directly a part of
Fundamental Rights.
These include:

1. Right to work: opportunity to everyone to earn livelihood by working.

2. Right to safe and healthy working conditions, fair wages that can provide decent
standard of living for the workers and their families

3. Right to adequate standard of living including adequate food, clothing and housing.

4. Right to social security and insurance.

5. Right to health: medical care during illness, special care for women during childbirth and
prevention of epidemics

6. Right to education: free and compulsory primary education, equal access to higher
education.

CASE STUDIES

1. Violation of Citizens’ rights by the USA

1. 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 America’s Navy.

2. The American government said that they were enemies of the US and linked to the attack
on New York on 11 September 2001.

3. Families of prisoners, media or even UN representatives were not allowed to meet them.
The US army arrested them, interrogated them and decided to keep them there. There was no
trial before any magistrate in the US

4. 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.

5. Prisoners were not released even after they were officially declared not guilty. An
independent inquiry by the UN supported these findings. The UN Secretary General said the
prison in Guantanamo Bay should be closed down. The US government refused to accept these
pleas.

2. Violation of Citizens’ Rights in Saudi Arabia

1. The country is ruled by a hereditary king and the people have no role in electing or
changing their rulers.

2. Citizens cannot form political parties or any political organisations. Media cannot
report anything that the monarch does not like.

3. 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.

4. Women are subjected to many public restrictions. The testimony of one man is
considered equal to that of two women.
 3. Violation of Citizens’ Rights in Yugoslavia (Kosovo)

1. Kosovo was a province of Yugoslavia before its split. In this province the population was
overwhelmingly ethnic Albanian muslims. But in the entire country, Serbs(Christians) were in
majority.

2. A narrow minded Serb nationalist Milosevic 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.

3. In a particular incident, 74-year-old BatishaHoxha was sitting in her kitchen with her 77-
year–old husband Izet. Suddenly some soldiers came andshot the husband and burnt the
house.

4. This was typical of what happened to thousands of Albanians in that period. This was one
of the worst instances of killings based on ethnic prejudices in recent times. Finally Milosevic
lost power and was tried by an International Court of Justice for crimes against humanity.