CH 5: DEMOCRATIC RIGHTS
Q. 1 What was Amnesty International’s
report on the condition of the prisoners in
Guantanamo Bay?
Ans;
(i) Amnesty International collected information on the
condition of the prisoners in Guantanamo Bay and reported
that the prisoners were being tortured in ways that violated
US laws.
(ii) The prisoners were being denied the treatment that even
prisoners of war must get as per international treaties.
(iii) Prisoners were not released even after they were
officially declared not guilty.
Q. 2 Give a brief description of the citizens’
rights in Saudi Arabia.
Ans;
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.
Citizens cannot form political parties or any political
organizations.
There is no freedom of religion. Every citizen is required
to be Muslim.
Women are subjected to many public restrictions.
Q.3 Mention any four provisions of the Right
to Equality.
Ans;
The right to equality is an important Fundamental Right.
Some of the implications/provisions of this rights are:
The government shall not discriminate against any
citizen on grounds only of religion, race, caste, sex or
place of birth.
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 the government .
All citizens have equality of opportunity in matters
relating to employment to any position in the
government.
Q.4 Describe with the principle of non-
discrimination extends to social life as well.
Ans;
(i) The Constitution mentions one extreme form of social
discrimination, the practice of untouchability.
(ii) The practice of untouchability has been forbidden in
any form. Untouchability here does not only mean
refusal to touch people belong to certain castes.
(iii) Such practice denies them interaction with others
or access to public places as equal citizens.
Q.5 The Constitution says that no person can
be deprived of his life or personal liberty
except according to procedure established
by law. What does it mean?
Ans;
It means that no person can be killed unless the court has
ordered a death sentence. It also means that a government or
police cannot arrest or detain any citizen unless he has proper
legal justification.
Q.6 Our Constitution guarantees six kinds of
freedom. Name them.
Ans;
Under the Indian Constitution all citizens have the right to:
Freedom of speech and expression.
Freedom to assemble peacefully and without arms.
Freedom to form associations and unions.
Freedom to move freely throughout the country.
Freedom to reside in any part of the country, and
Freedom to practice any profession, or to carry on any
occupation, trade or business.
Q.7 Explain the freedom to travel to any part
of the country and the freedom to carry on
any occupation.
Ans;
We are free to reside and settle in any part of the territory of
India. This right allows lakhs of people to migrate from
villages to towns and from poorer regions of the countries to
prosperous regions and big cities. The same freedom extends
to choice of occupations. No one can force you to do or not to
do a certain job.
Q.8 Enlist the procedures which have to be
followed by a government or public officer
before arresting or detaining any citizen.
Ans;
The Constitution says that no person can be deprived of his
life or personal liberty except according to procedure
established by law.
Even when they do, they have to follow some procedures
given below:
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.
Q.9 What is called PIL? Write in brief about
it.
Ans;
In recent years the courts have given several judgements and
directives to protect public interest and human rights. Any
one can approach the courts if public interest is hurt by the
actions of government. This is called public interest
litigation.
Q.10 Mention the features of a secular state.
Ans;
The features of a secular state are given below:
A secular state is one that does not confer any privilege
or favour on any particular religion.
The government cannot compel any person to pay any
taxes for the promotion or maintenance of any particular
religion.
There shall be no religious instruction in the government
educational institutions.
Q.11 Explain what you mean by the right to
freedom of assembly in a peaceful manner.
Ans;
(i) Citizens have the freedom to hold meetings, processions,
rallies and demonstrations on any issue.
(ii) They should not lead to public disorder or breach of peace
in society.
(iii) Citizens also can form associations. For examples,
workers in a factory can form a workers’ union to promote
their interests.
Question 12.
‘Some rights need to be placed higher than
the government’. Give reason.
Ans;
Though it is the responsibility of a democratic government to
protect its citizens’ rights but sometimes elected governments
may not protect or may even attack the rights of their own
citizens. That is why some rights need to be placed higher
than the government, so that the government cannot violate
them.
Q.13 What do you mean by the right to
freedom of speech and expression? What are
the limitations of this right?
Ans;
Freedom of speech and expression is one of the essential
features of any democracy. Our ideas and personality develop
only when we can freely communicate with others. One may
think differently from another. One has the right to think
differently and express one’s views accordingly.
Limitations:
One cannot use this freedom to instigate violence against
others. .
One cannot use it to incite people to rebel against
government. .
One cannot use this freedom to defame others by saying
false and mean things that cause damage to a person’s
reputation.
Q.14 How has the expansion of rights taken
place from time to time?
Ans;
(i) From time to time, the rights of the citizens have
expanded.
(ii) Now school education has become a right for Indian
citizens.
(iii) The Right to Information is another important right given
to the citizens of India.
(iv) Recently the Supreme Court has expanded the meaning
of the right to life to include the right to food.
(v) Our Constitution provides many more rights, which may
not be Fundamental Rights.
(vi) Right to work, right to safe and healthy working
conditions, right to adequate standard of living, etc. are
another important right which have been evolved over time.
Q.15 Why are rights important in a
democracy?
Ans;
(i) Rights are necessary for the very sustenance of a
democracy.
(ii) For democratic elections to take place, it is necessary that
citizens should have the right to express their opinion.
(iii) Rights are also important to protect minorities from the
exploitation of majority.
(iv) Things may go wrong when some citizens may wish to
take away the rights of others.
(v) Sometimes elected governments may not protect or may
even attack the rights of their own citizens.
Q.16 State any three provisions of the Right
again st Exploitation.
Ans;
The Constitution mentions three specific evils and declares
them illegal:
The Constitution prohibits ‘traffic in human beings’. Traffic
here means selling and buying of human beings, usually
women, for immoral purposes.
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 moneylender without wages.
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.
Q.17.
Enlist the rights that have been recognized
by the International Covenant.
Ans;
The International Covenant recognizes many rights that are
not directly a part of the fundamental Rights in the Indian
Constitution. These rights include:
Right to work: Everyone should have the opportunity to earn
a livelihood by working.
Right to safe and healthy working conditions, fair wages that
can provide a decent standard of living for the workers and
their families.
Right to an adequate standard of living including adequate
food, clothing and housing.
Right to social security and insurance.
Right to health i.e. medical care during illness, special care
for women during childbirth, and prevention of epidemics.
Right to education i.e. free and compulsory primary
education and equal access to higher education.
Question 18.
Why does our Constitution specify the
cultural and educational rights of minorities?
What are these rights?
Answer:
It is a fact that the majority gets power in the working of
democracy. So, this section of the people does not need
special guarantees. It is the language, culture and religion of
minorities that needs special protection. Otherwise, they may
get neglected or undermined under the impact of the
language, religion and culture of the majority. So the
Constitution specifies the cultural and educational rights of
the minorities which are given below:
Any section of citizens with a distinct language or culture
have a right to conserve it.
Admissions 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
educational institutions of their choice.
Question 19.
What is the National Human Rights
Commission? How does it work? What are its
powers?
Answer:
(i) The National Human Rights Commission of India is an
autonomous public body set up on 12 October 1993 under the
Protection of Human Rights Ordinance of 28 September
1993. It was given a statutory basis by the protection of
Human Rights Act, 1993.
(ii) The NHRC is the National Human Rights Commission,
responsible for the protection and promotion of human rights,
defined by the Act as ‘right relating to life, liberty, equality
and dignity of the individual.
(iii) Appointed by the President and others like retired judges,
officers, and eminent citizens, the Commission does not
decide court cases. It only focuses on helping the victims
secure their human rights.
(iv) The NHRC cannot by itself punish the guilty. That is the
responsibility of the courts. The NHRC is there to make
independent and credible inquiries into any case of violation
of human rights.
(v) The Commission presents its findings and
recommendations to the government or intervenes in the
court on behalf of the victims.
