Civics |DEMOCRATIC RIGHTS

DEMOCRATIC RIGHTS

RIGHTS IN THE INDIAN

LIFE WITHOUT RIGHTS RIGHTS IN A DEMOCRACY
CONSTITUTION

● Prison in Guantanamo Bay ● What are rights? ● Right to Equality

● Citizens’ Rights in Saudi Arabia ● Why do we need rights in a democracy? ● Right to Freedom
● Ethnic massacre in Kosovo ● Right against Exploitation
● Right to Freedom of Religion
● Cultural and Educational Rights
● Right to Constitutional Remedies

EXPANDING SCOPE OF RIGHTS

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Prison in Guantanamo Bay
LIFE WITHOUT RIGHTS Around 600 people, were secretly detained in Guantanamo Bay by the U.S. without
trials or informing their governments, accused of links to 9/11.
Families had no contact, and the military decided their fate.
Amnesty International – An international human rights organisation.
Some Cases of life without rights Collected information and reported torture at Guantanamo Bay, with prisoners denied
rights and not released even when found innocent. The UN called for its closure, but the
U.S. refused.

Citizens’ Rights in Saudi Arabia

Saudi Arabia and the position of the citizens with regard to their government.
i) The country is ruled by a king, and citizens cannot elect or change their leaders.
ii) King controls the legislature, executive, and judiciary, with the power to change
Example from India court decisions.
iii) Political parties and organizations are banned, media cannot criticize the king.
iv) No religious freedom; all citizens must be Muslim, and non-Muslims can only
practice privately.
● Newspaper reports on custodial violence. v) Women face many restrictions, one man's testimony is equal to that of two women.

● Ethnic massacre in any part of our country.

● Reports regarding unequal treatment of women. Ethnic massacre in Kosovo
In 1999, Serbian troops under nationalist leader Milosevic targeted ethnic Albanians
in Kosovo, resulting in violence against families.
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What is Amnesty International.

A. U.S agency

B. U.S Right Commission

C. An International Human Right Commission

D. None
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RIGHTS IN A DEMOCRACY what would you have wished?

A system where security, dignity and fair play are assured to everyone.

What are rights? Claims For a claim to be considered a right, it must be reasonable, Mutually respectful,
socially recognized, and legally sanctioned.

Rights Rights are reasonable claims of persons recognised by society and

sanctioned by law.

● Rights allow citizens to vote and run for government positions.

● Citizens have the right to express opinions, join political parties, and participate in
Why do we need rights in a political activities.
democracy? ● Rights help protect minority groups from being oppressed by the majority.
● Rights ensure that one group cannot take away the rights of another.
● Basic rights are often written in the constitution to prevent government violations.
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RIGHTS IN THE INDIAN CONSTITUTION

(Six Fundamental Rights)

● RIGHT TO FREEDOM
● RIGHT TO EQUALITY
● RIGHT AGAINST EXPLOITATION
● RIGHT TO FREEDOM OF RELIGION
● CULTURAL AND EDUCATIONAL RIGHTS
● RIGHT TO CONSTITUTIONAL REMEDIES

What exactly do these rights mean ?

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Right to Equality
1. Equality before law and equal protection of laws or (Rule of law).
2. The government shall not discriminate against any citizen on Are Reservations for (SC, ST, OBC), against the
grounds only of religion, race, caste, sex, or place of birth.
Right to equality?
3. All citizens have equality of opportunity in matters relating to
employment or appointment to any position in the government. Equality does not mean giving everyone the same
4. Abolition of social discrimination or the practice of untouchability treatment. Equality means giving everyone an equal
in any form. opportunity to achieve whatever one is capable of.

Right to Freedom
1. Freedom of :i) Speech and expression,ii) Assembly in a peaceful Freedom is not unlimited licence to do what one wants.
manner, iii) Form associations and unions,iv) Move freely The government can impose certain reasonable
throughout the country, v) Reside in any part of the country, and,vi) restrictions on our freedoms in the larger interests of
the society
Practice any profession, carry on any occupation, trade, business.
2. No person can be deprived of his life or personal liberty except They have to follow some procedures:
according to procedure established by law. ● The reason for arrest must be explained.
3. Government or police officer cannot arrest or detain any citizen ● The arrested person must be presented to a magistrate
within 24 hours.
unless he has proper legal justification. ● The person has the right to consult or hire a lawyer.
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What does the Right to Equality ensure according to the Constitution?

A. Equal access to wealth for all citizens.

B. Equality before the law and equal protection of the laws for all.

C. Special privileges for certain groups of people.

D. The government has the power to discriminate based on religion and race.
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Right against Exploitation The Constitution mentions three specific evils and declares these illegal.

1. First – ‘Traffic in human beings’ – Prohibits selling and buying of human beings, usually women, for immoral
purposes.
2. Second – Forced labour – Prohibits forced labour or begar in any form.
3. Third – 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, ports, beedi making, firecrackers, and printing.

Right to Freedom of Religion

1. Every person has a right to profess, practice and propagate the Freedom to practice Religion does not mean
religion he or she believes in. ● Forcing religious conversion.
2. Every religious group or sect is free to manage its religious affairs. ● Sacrificing animals or humans.
● Gender-discriminatory practices.
3. The government cannot force any person to pay any taxes for the
● Forcing widow into specific customs.
promotion or maintenance of any particular religion or religious
institution.
4. There shall be no religious instruction in the government educational
institutions.
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Cultural and Educational Rights Why The language, culture, and religion of minorities needs special protection.
Otherwise, they may get neglected or undermined under the impact of the
language, religion, and culture of the majority.
1. Any section of citizens with a distinct language or culture have a right to conserve it.
2. No one can be denied admission to government-funded schools based on religion or
language.
3. All minorities have the right to establish and administer educational institutions of their
choice.
Dr.Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of
Right to Constitutional Remedies our Constitution. To seek remedy for the violation of a fundamental right itself is a
Fundamental Right. This right makes other rights effective.

1. Fundamental Rights are protected from violations by the Legislature, Executive, or any government authority, citizens
can challenge any laws, policies, or actions that infringe these rights, making them invalid.
2. Citizens can directly approach courts(SC, HC) to enforce their rights, with courts issuing orders, writs, or
compensation.
Under the PIL, any citizen or group of citizens can approach the Supreme Court or
Public Interest Litigation (PIL) a High Court for the protection of public interest against a particular law or action
of the government.
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Which Fundamental Right can be described as the soul and heart of the Constitution?

A. Right to freedom of speech

B. Right to constitutional remedies

C. Right to equality

D. None
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National Human Rights Commission An independent commission set up by law in 1993.
Appointed by the President and includes retired judges,officers and eminent
citizens.
Why Functions\Power of NHRC
● Rising human rights violations, especially during riots. ● Focus on securing victims' human rights.
● Lack of serious action by organizations and government ● Conduct independent inquiries into violations.
authorities. ● Investigate government negligence or abetment.
● Need for intervention to support victims. ● Present findings to the government or intervene in court.
● Summon witnesses, question officials, demand papers, and
inspect prisons.
EXPANDING SCOPE OF RIGHTS Citizens have more rights beyond the Fundamental Rights.
● Right to freedom of the press
Government have expanded rights over time, like ● Right to education.
● Right to information.
With the expansion of democracy all over the world, there is greater pressure on governments to accept new claims of rights.

The Constitution of South Africa guarantees its citizens several kinds of new rights:
● Right to privacy, protecting personal spaces and communications.
● Right to a healthy and safe environment.
● Right to adequate housing.
● Right to healthcare, food, water, and emergency medical treatment.
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Key Words

Rights: Rights are claims that people have over others,

Amnesty International : Amnesty International is a society, and the government, ensuring they are
global human rights organization that reports on the treated fairly and not harmed. They are based on
mistreatment of prisoners. It highlighted torture and mutual respect and must be recognized by society and
unfair conditions at Guantanamo Bay, urging for law.
justice and the closure of the prison.

The rule of law : The rule of law means that everyone,

Ethnic massacre: An ethnic massacre is the violent
regardless of their status, is subject to the law equally.
killing of a large group of people based on their ethnic
No one is above the law, including political leaders,
or cultural background. It often happens during
government officials, and ordinary citizens.
conflicts where one group targets another for their
identity.
Life or personal liberty: Life or personal liberty means
Claim: Claim refers to a demand or request for that no person can be deprived of their life or freedom
something that is reasonable and possible for others as unless the law allows it through proper legal
well. It becomes a right when society recognizes and procedures. This ensures protection against unlawful
supports it through laws. arrest, detention, or punishment.
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Key Words

Writs: Writs are legal orders issued by a court directing a

Exploitation: Exploitation refers to unfair treatment
person or authority to do or stop doing something. They
where people, especially the weaker sections of
are used to protect fundamental rights and ensure
society, are taken advantage of, often for labor without
justice in cases of violations.
proper compensation.
Public Interest Litigation (PIL) : Under the PIL, any
citizen or group of citizens can approach the Supreme
Traffic: Traffic in human beings means the illegal trade
Court or a High Court for the protection of public
of people, especially women, for immoral or forced
interest against a particular law or action of the
purposes like prostitution or slavery.
government.

Cultural and Educational Rights: Preserve the right of National Human Rights Commission (NHRC): NHRC is an
any section of citizens to conserve their culture, independent body established in 1993 to investigate
language or script, and right of minorities to establish human rights violations in India. It helps victims secure
and administer educational institutions of their choice. their rights by conducting inquiries and making
recommendations, though it cannot punish the guilty.
Right to Constitutional Remedies: To seek remedy for
the violation of a fundamental right itself is a Covenant : A covenant is a promise made by people,
Fundamental Right, known as the Right to groups, or countries to follow a rule or principle. It is a
Constitutional Remedies. This right makes other rights legally binding agreement for those who sign it.
effective.
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How were prisoners treated in Guantanamo Bay? Write three main features of the
prison.

Treatment of prisoners in Guantanamo Bay was very humiliating.

● There was no trial before any magistrate and US law was completely violated.
● This place was not located in US but an area near Cuba, controlled by American Navy, so nobody
knew the location of the prison.
● Families of prisoners, media or even UN representatives were not allowed to meet the prisoners.
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Why do we need rights in a democracy?

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

● In a democracy, every citizen has to have the right to vote and the right to be elected to the
government.
● For democratic elections, it is necessary that citizens should have the right to express their opinion,
form political parties and take part in political activities.
● Rights protect the minorities from the oppression of the majority.
● Rights are a guarantee which can be used when things go wrong. Things may go wrong when some
citizens may wish to take away the rights of others.
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What are 'rights'? How can we claim a right?

Rights' are claims of a person over other fellow beings, the society and the government.

● A right is possible when we make a claim that is equally possible for others. You cannot have a right
that harms or hurts others.
● The claims we make should be reasonable. They should be such that they can be made available to
others in equal measure.
● A right comes with an obligation to respect others' rights.
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What are Fundamental Rights? Mention the six Fundamental Rights provided in the Indian
Constitutions. Which Fundamental Right protects the rest of the Fundamental Rights?

Some rights which are fundamental to our life are given a special status in the Constitution. They are
called Fundamental Rights.

The Constitution provides six Fundamental Rights:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies.

Right to constitutional remedies protects the rest of the Fundamental Rights.

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What are the main features of 'Right to equality?

● Every citizen, from the Prime Minister to a small farmer in a remote village, is subject to the same
laws.
● Under Right to equality, the government shall not discriminate against any citizen on the grounds of
religion, ethnicity, sex or place of birth.
● Every citizen shall have access to public places like shops, restaurants, hotels and cinema halls.
● 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 any grounds.
● 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.
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Why did Dr. Ambedkar call the Right to Constitutional Remedies 'the heart and
soul' of our constitution?

● Right to Constitutional Remedies is a fundamental right. This right makes other rights
● effective.
● It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the
government. When any of our rights is 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.
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How are the scope of rights expanded?

● 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.
● 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.
● Sometimes, the expansion takes place in what is called human rights. There are universal moral
claims that may or may not have been recognised by law.
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Which three qualities are required for calling any claim, a right?

Which three evils are tackled by right against exploitation?

How can you say that freedom of speech and expression is one of the essential features of
any democracy?

How does a person exercise his right to freedom of religion?

What does Right to Constitutional Remedies imply?

What is PIL? How does it work?

What did Amnesty International do to get Guantanamo Bay prison closed?

What are the main features of 'Right to equality?