Democratic Rights : Overview

Democratic Rights, Political Science, Class 9, Chapter 5, CBSE Exams Topic, has a thorough discussion about the fact that for a healthy democracy, elections and institutions need to be combined with Citizen’s democratic rights. Democratic Rights, Political Science, Class 9, Chapter 5, CBSE Exams Topic stresses that even the most properly elected rulers working through the established institutional process must learn not to cross some limits. Citizen’s democratic rights set those limits in democracy. Let us begin our journey towards understanding the concept of democratic rights and prepare ourselves for class 9, CBSE exams.

Let’s start our journey

Rights In A Democracy.

Q.1.Define rights ?

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

Q.2. What are the preconditions for rights ?

Ans. (1) A right is possible when you make a claim that is equally possible for others. A claim that hurts or harms others can not be a right.

(2) Right comes with an obligation to respect other persons’ rights.

Note:

What is recognised by the society as rightful becomes the basis of rights. That’s why notion of rights changes from time to time and society to society.

Q.3. When do the rights become enforceable ?

Ans. When the socially recognised claims or rights are written in to law. they become enforceable. Other wise they remain merely as natural or moral rights.

Q.4. What is the significance of constitutional rights ?

Ans. Constitutional rights are necessary for the very sustenance of a democracy.

In democracy every citizen has to have the right to vote and the right to be elected. For democratic election 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. Thus we need rights to keep democracy alive.

Rights also also play significant role in protecting the rights of minorities from the oppression of majority or even the state machinery i.e. the government.

In most democracies the basic rights of citizens are clearly written in the constitution in order to make them enforceable.

Rights In The Indian Constitution

Q.5. What do you mean by Fundamental Rights ?

Ans. Some rights are fundamental to our life. These are called Fundamental Rights.

In our constitution, Fundamental Rights have been given special status; and they are declared “basic feature” of Indian constitution.

Q.6. How many Fundamental Rights do we have in our constitution?

Ans. Constitution of India gives six Fundamental Rights to its citizens –

  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 Equality

Q.7 Explain Right to Equality.

Ans. The constitution of India says that the government shall not deny to any person in India, equality before law or equal protection of the laws.

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.” The Rule of Law is the foundation of every democracy.

Implications of the Right to Equality are as follows :

  1. The government shall not discriminate against any citizen on grounds of religion, race, caste, gender or place of birth.
  2. Every citizen shall have access to public places like shops, restaurants, cinema halls etc.
  3. There shall be restrictions with regard to the use of public utility such as wells, tanks, bathing ghats, roads, jplay grounds etc. It rectifies the bad practices of the traditional caste system.
  4. All citizens have equality of opportunity in matters relating to employment or appointment to any position in government.
  5. The practice of untouchability has been forbidden in any form.

Q.8. Are job reservations a violation to the Rights to Equality ?

Ans. Equality doesn’t mean giving every one the same treatment, no matter what they need. Equality means giving every one 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.

Hence job reservations and many other reservations of this kind, are not a violation of the Right to Equality.

Q.9. Our constitution mentions one extreme form of social discrimination. What is that?

Ans. Our constitution mentions “practice of untouchability” as an extreme form of social discrimination. Term Untouchability refers to any belief or social practice which looks down upon people on account of their birth within certain caste labels.

Constitution clearly directs the government to end untouchability in all its forms and practice. Constitution has made untouchability a punishable offence.

Right To Freedom

Q.10. Explain the Right to Freedom.

Ans. In practical life, freedom means absence of interference in our affairs by others – be it individual or the government.

Under “Right of Freedom,” all citizens have following rights –

  1. Freedom of Speech and Expression
  2. Freedom of assembly in a peaceful manner
  3. Right to form associations and unions
  4. Right to move freely throughout the country
  5. Right to practice any profession, or to carry on any occupation, trade or business.
  6. No person can be deprived of his life or personal liberty except according to procedure established by law.

Q.11. What are the restrictions (Constraints and cautions) related to Right to Freedom?

Ans. Rights under Right to Freedom are not absolute, but are subject to some constraints and cautions. These are as below –

  1. Freedom of a person should not violate the right of others.
  2. A person’s freedom shouldn’t cause public nuisance or disorder.
  3. Freedom of speech and expression can not be used to instigate violence against others or rebel against the government. It can also not be used to defame others.
  4. Freedom to hold meetings, processions, rallies and demonstration on an issue should be peaceful.

Q.12. What are constitutional safeguards related to arrest and detention of an individual?

Ans. The constitution says that no person can be deprived of his life or personal liberty except according to procedure established by law.

This means that no person can be killed unless the court has ordered a death sentence. It also meant that a government or police officer can not arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures, such as :

  1. A person arrested or detained in custody will have to be informed of the reasons for such arrest or detention.
  2. Arrested person shall be produced before the nearest magistrate with in a period of 24 hours of arrest.
  3. Such a person has the right to consult a lawyer or engage a lawyer for his defence.

Right Against Exploitation

Q.13. Explain the Right Against Exploitation as given by the constitution of India.

Ans. Constitution of India prohibits the following practices to assure Rights against Exploitation :

  1. Constitution prohibits traffic in human beings.
  2. Constitution prohibits forced labour or ‘Begar’ in any form.
  3. Constitution also prohibits child labour. No one can employ a child below the age of 14 years to work in factory, mine or, in any hazardous work.

Q.14. What does it mean Begar or bonded labour ?

Ans. 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.

Right To Freedom of Religion

Q.15. What does it mean the right to freedom of religion,as mentioned in Indian constitution ?

Ans. The Right to Freedom of Religion states that every person has right to profess, practice, and propagate the religion he or she believes in. This means:

  1. Every religious group is free to manage its religious affairs.
  2. Right to propagate one’s religion doesn’t mean that a person has right to convert a person in to his religion by means of force, fraud, inducement or allurement. A person can change his or her religion on his or her will only.
  3. Freedom to practice religion doesn’t mean that a person can do whatever he wants in the name of religion. For example – sacrifice of animals, sacrifice of human beings, treating women as inferior – are not allowed.
  4. State will not favour any particular religion, nor will it punish or discriminate against people on the basis of religion they follow.
  5. The government can not compel any person to pay any tax for promotion of any religion.
  6. There shall be no religious instruction in the government educational institution.
  7. Even in the private educational institutions, no person shall be compelled to take part in any religious instruction.

Q.16. What do you mean by the term secularism ?

Ans. 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 the one that doesn’t establish any one religion as official religion. Indian secularism practices the attitude of equal distance from all religions. It remains neutral and impartial in dealing with all religions.

Q.17. Discuss cultural and educational rights of minorities given by our constitution.

Ans. Since democracy gives power to the majority, hence there are apprehensions that language, culture and religion of minorities may be neglected under the impact of the language, culture and religion of the majority. Keeping this in view our constitution makers have provided for the following minority rights:

  1. Any section of citizens, with a distinct language or culture have a right to conserve it.
  2. Admission to any education institution maintained by the government, can not be denied to any citizen on the ground of religion or language.
  3. All minorities have the right to establish and administer educational institutions of their choice.

Note:

Minority doesn’t mean only religious minority but also the lingual minorities. For example – Telugu speaking people are majority in Andhra Pradesh but minority in Karnataka. Similarly Sikhs are majority in Punjab but minority in Rajasthan , Haryana and Delhi.

Cultural And Educational Rights

Q.18. What is Right to Constitutional Remedies, as provided in Indian Constitution?

Ans. Apart from provision of Fundamental Rights, Indian constitution also gives its citizens, the right to seek the enforcement of these Fundamental Rights. This right is known as Right to Constitutional Remedies.

When any of our rights are violated by any of fellow citizens, private bodies, or by the government, we can seek remedy through courts. If it is a Fundamental Right, we can directly approach the Supreme Court of India or the High Court of the concerned state.

That’s why Dr. Ambedkar called the Rights to Constitutional Remedies as the ‘heart and soul of the Indian constitution.’

Right To Constitutional Remedies

Q.19. How Fundamental Rights can be safeguarded against the actions of any of the government bodies? What are its procedures?

Ans. Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive ,any other government authority or the private entity.

There can be no law or action that violates the Fundamental Rights. If any act of the legislature or the executive takes away or limits any of the fundamental rights, it will be invalid.

Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of FRs. They can also award compensation to the victims and the punishment to the violators.

In case of violation of Fundamental Rights, the aggrieved person goes to the court seeking remedy. However, apart from the aggrieved person, any other person can also go to the court against the violation of Fundamental Right (if it is of social or public interest) by filing case under P.I.L. (Public Interest Litigation).

One can even seek constitutional remedy against any such violation of Fundamental Right, by simply writing to judge on a plain postcard.

Q.20. What is called Public Interest Litigation (P.I.L.)?

Ans. Under the provision of Public Interest Litigation , any person can go to the court seeking remedy against the violation of Fundamental Rights, if it is of social or public interest.

Expanding Scope of Rights

Q.21. “Over the years scope of rights has expanded.” Justify this statement.

Ans. Our constitution and law offer a wide range of rights. This has led to expansion of legal rights that citizens can enjoy.

Certain rights like – right to freedom, right to information and right to education are derived from Fundamental Rights.

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

Similarly, we now have right to seek information from government offices.

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

Constitution provides many more rights which may not be Fundamental Right. For example, right to property is not a Fundamental Right, but it is a constitutional right.

Right to Vote is also a constitutional right.

Human Rights are also result of expansion of rights. Human Rights are “universal claims” that may or may not have been recognised by law, but in almost all democracies of world, governments are in pressure to accept these claims.

Constitution of South Africa guarantees to its citizens several kind of new rights:

  1. Right to privacy
  2. Right to safe environment
  3. Right to access to adequate housing
  4. Right to have access to health care services, sufficient food and water, and emergency medical treatment.

In India also, many people are of view that right to work, right to minimum livelihood, right to health, and right to privacy should be declared as Fundamental Rights.

Note:

Human Rights activists see “International Covenant on Economic, Social and Cultural Rights” as a standard of Human Rights. These include:

  1. Right to work
  2. Right to safe and healthy working conditions
  3. Right to adequate standard of living
  4. Right to social security and insurance
  5. Right to health
  6. Right to education.

Q.22. Write a brief note on National Human Rights Commission (NHRC).

Ans. National Human Rights Commission (NHRC) was set up by law in 1993. Like judiciary it is independent of government. This commission is appointed by the President of India. It comprises of retired judges, retired officers and the eminent citizens.

NHRC focuses on helping the victims secure their human rights. It can not by itself punishes the guilty. It can make independent and credible inquiry into any case of violation of human rights.

For NHRC, human rights also include the rights mentioned in the “UN sponsored international treaties” that India has signed.

NHRC, like any court, can send summons to witnesses, can question any government official and ask for papers , can visit any prison for inspection, or send its own team for the on the spot inquiry.

NHRC presents its report to the government or can intervene in the court, on behalf of the victims.

Any citizen of India can write a letter to NHRC to complain against violation of human rights.

Important Terms

Important Terms :

  • Covenant: It is promise made by individuals, groups or countries to uphold a rule or principle.
  • Dalit : A person who belongs to the castes which were considered low and not touchable by others. These are also known as Scheduled Castes, Depressed Castes etc.
  • Ethnic groups: An ethnic group is a section of human population whose members usually identify each other on the basis of common ancestry. They are unified by common cultural practices, religious beliefs and historical memories.
  • Summon: An order issued by the 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.
  • 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.