Chapter Notes: Democratic Rights

Table of contents
Life Without Rights
Rights in a Democracy
Rights in the Indian Constitution
Expanding Scope of Rights
Democratic Rights
For a government to be democratic,
its citizens must enjoy certain rights
to lead a good life. Studying
democratic rights is essential as it
enables us to understand our
freedoms and responsibilities as
citizens. It promotes informed
decision-making during elections and
fosters civic engagement.
Additionally, it encourages respect
for diversity and upholds the
principles of justice and equality,
which are the foundations of a
healthy democratic society.
Democratic Rights

Life Without Rights

Have you ever wondered what would
life be like if the citizens in a country
would not have their basic rights?
Let's take a look at how life without
rights looks like with the help of
some examples around the world.

a) Prison in Guantanamo Bay:

Guantanamo Bay is a naval base
near Cuba, where the U.S. Forces
secretly abducted about 600
people suspected of involvement in
the 9/11 terrorist attacks and
imprisoned them at Guantanamo
Bay.
In many cases, the governments of
the prisoners' home countries were
not asked or informed about their
imprisonment. Prisoners' families
were not informed about the
imprisonments. Families of the
prisoners, media, and UN
representatives have not been
allowed to meet with the prisoners.
Amnesty International, an
international human rights
organisation, reported that prisoners
were being tortured in violation of
U.S. laws and international treaties.
Some prisoners were not released
even after being declared not guilty.
The UN Secretary General called for
the closure of the Guantanamo Bay
prison. The U.S. government refused
to accept these pleas and the prison
remains operational.
Try yourself:
Which country operates Guantanamo
Bay prison where prisoners are held
without trial and allegedly tortured?
b) Citizens’ Rights in Saudi Arabia:
The country is an absolute monarchy
with a hereditary king. The king
has full control over the government,
selecting the legislature and
executive. The king also appoints
judges and can overturn their
decisions.
Citizens are not allowed to form
political parties or organizations. The
media is heavily censored, only
reporting approved content.
Religious freedom is restricted, with
Islam as the mandatory state
religion. Non-Muslims can only
practice their religion privately.
Women face significant public
restrictions and discrimination. The
legal system values the testimony of
men over women (one man's
testimony is equal to that of two
women).
There are several other countries in
the the world where citizens face
several such restrictions.

Get additional INR 200 off today with

EDUREV200 coupon.
Avail Offer
c) Ethnic Massacre in Kosovo:
Even in countries where a leader is
elected democratically, there have
been cases where the rights of
religious or ethnic minorities have
been violated. Look at the case of
Kosovo:

Kosovo was a province in

Yugoslavia. Albanians were an ethnic
majority population in Kosovo, while
Serbs were the majority in other
parts of Yugoslavia.
Milosevic, who became the Prime
Minister, wanted Serbs to dominate
the country and aimed to eliminate
the ethnic minority of Albanians.
Thousands of Albanians were
massacred under Milosevic's regime.
Finally, with the intervention of many
other countries, the massacre
stopped. Milosevic lost power and a
case was filed against him in the
International Court of Justice for
crimes against humanity.
Rights in a Democracy
In all the examples above, you can
see that the citizens were treated in
an unfair and unjust manner. What
could have protected them from
these cruelties? To ensure a system
of security and dignity, democracies
offer rights to its citizens. Let's
understand them.

a) What are Rights?

"Rights are reasonable claims of a
person over other fellow beings, over
the society and over the
government. They are recognized by
the society and sanctioned by law."
Some characteristics of rights:

Rights are things that people can

demand from others, society, and
the government. They must be fair
and not hurt anyone else. When we
have a right, we also have a
responsibility to respect the rights of
others.
For something to be a right, society
needs to agree that it is important.
Rights only matter when they are
part of a community. Each society
has rules that guide our actions and
help us know what is right and
wrong. When society agrees that
something is a right, it becomes
more meaningful.
When rights are written into laws,
they become much stronger. Without
being part of the law, rights are just
ideas or moral beliefs. Once a right is
in the law, people can demand it and
make sure it is respected. If someone
breaks the law or ignores a right,
people can go to court to protect
their rights.
Rights of Citizens in a Democracy

Why do we need Rights in a

Democracy?
Fundamental Rights provide the
conditions which are essential for the
development of the inherent
qualities in man and to secure his all-
round growth.
These are necessary to preserve
human dignity and promote social
progress in an atmosphere of
freedom.
These provide civil liberties, without
which democracy cannot be even
conceived.
These are a significant check on the
arbitrary use of the government.
Rights protect minorities from the
oppression of the majority.
Attention!
Sale expiring soon, act now & get
EduRev Infinity at 40% off! Claim
Offer
Rights in the Indian Constitution
The Constitution of India mentions
several fundamental rights that it
guarantees to all its citizens, and so
do most other democracies around
the world. Certain rights that are
essential to our lives are granted a
special status, known as
Fundamental Rights. The preamble
of our Constitution emphasizes the
goal of ensuring equality and justice
for all citizens. Fundamental Rights
help fulfill this commitment and are
a crucial foundational element of
India's Constitution.
Fundamental Rights in India

a) ‘Right to Equality’

The various aspects of ‘Right of

Equality’ are as follows:

Rule of law: The constitution

guarantees that all the citizens are
equal before law, or in other words,
the laws apply in the same way to all
its citizens. This is called the rule of
law. The same law applies to
political leaders and ordinary citizens
alike.
There is no discrimination on the
basis of race, caste, sex or place of
birth.
All citizens have access to all public
places (like malls, hotels, etc.) and
there is no restriction on the use of
public utilities like wells, public
playgrounds, etc.
The State cannot discriminate
against anyone in the matter of
employment. All citizens can apply
and become employees of the State.
Abolition of all titles like Khan
Bahadur, etc.
People to be given equal opportunity
to show their skill.
Protection of Weaker Sections: the
right of equality gives special
provisions for women and children.
Reservation: In legislature,
educational institutions, government
offices, etc, some seats are reserved
for the weaker sections.
Ban on Untouchability:
Untouchability is a form of social
discrimination, which is an offence
under the Constitution of India.
Untouchability isn’t just about
avoiding physical contact with
certain castes. It includes any belief
or practice that discriminates against
people because of their caste. This
denies them the chance to mix with
others or use public places like
everyone else. Anyone who practices
untouchability is liable to
punishment.
Two exceptions to the Right to
Equality
The Right to Equality contains two
exceptions as follows:
Reservation Policies: The
Constitution allows for affirmative
action, such as reservations in
education and employment for
Scheduled Castes, Scheduled Tribes,
and Other Backward Classes. This is
done to promote social and
educational equality by giving these
historically disadvantaged groups
special opportunities.

Laws for Special Protections: Certain

laws provide special protections or
privileges for specific groups, like
women and children, based on their
unique needs. These laws are meant
to address social inequalities and
ensure their safety and well-being,
even if they create exceptions to the
general principle of equality.
These marginalized groups require
additional support and protection
due to historical and ongoing
instances of discrimination and
unequal treatment in various aspects
of society.
These measures serve to promote
social justice and work towards the
eradication of inequalities faced by
these disadvantaged groups in
society.
Equality isn't about treating
everyone the same, regardless of
their needs. It's about providing
equal opportunities for everyone to
achieve their potential. Sometimes,
this requires giving special treatment
to ensure fairness.
Job reservations serve this purpose
by helping to create equal
opportunities.
Try yourself: Which of the following is
NOT a part of the Right to Equality in
a democracy?
b) Right to Freedom
The Right to Freedom is a
Fundamental Right given to us by
the Constitution and safeguarded by
the government . It consists of the
following rights:

Freedom of speech and expression.

Freedom to assemble peacefully.
Freedom to form unions and
associations.
Freedom to move within the country.
Freedom to live in any part of India.
Freedom to practice any profession.
In addition, the Parliament has
enacted a law giving the right to
information to the citizens.
Right to Freedom

Freedom of speech and expression

You have the right to disagree with

government policies or the actions of
an organization and to voice your
opinions in conversations with family
and friends.
You can share your views through
various forms of media, like
pamphlets, magazines, newspapers,
art, poetry, or songs.
However, this freedom doesn’t allow
you to incite violence, encourage
rebellion against the government, or
defame others by spreading false
and harmful information.
Freedom to assemble peacefully

Citizens are free to hold meetings,

processions, rallies, and
demonstrations on various issues.
However, these gatherings must be
peaceful and should not cause public
disorder or disturb the peace.
Participants in these activities are
not allowed to carry weapons.
Freedom to form unions and
associations

Citizens also have the right to form

associations, such as workers in a
factory creating a union to advocate
for their interests or a group of
people forming an association to
fight against corruption or pollution
in their town.
Freedom to move within and live in
any part of the country

We have the freedom to live and

settle in any part of India.
For example, if someone from Assam
wants to start a business in
Hyderabad, even if they've never
been to the city or have any
connections there, they have the
right to do so as an Indian citizen.
This right enables millions of people
to migrate from villages to towns
and from less developed areas to
more prosperous regions and big
cities.
Freedom to practice any profession

No one can compel you to take up or

avoid a specific job.
Women cannot be restricted from
certain types of work.
Individuals from disadvantaged
castes cannot be forced to stick to
their traditional occupations.
“No citizen can be denied his life and
liberty.”
The Right to Freedom guarantees
that no citizen can be denied his life
and liberty.

These can be denied only by law,

i.e., only if a citizen has violated a
law or committed a crime.
No one can be arrested without
being told why he/she is being
arrested.
And, if arrested, every citizen has the
right to defend himself/herself
through a lawyer of his/her own
choice.
Also, if a citizen is arrested, he/she
must be brought before a magistrate
within 24 hours.
Recently, the Supreme Court has
expanded the meaning of the right
to life to include the right to food. All
these rights are given to the citizens
to ensure that the government
cannot oppress them unjustly or take
away their liberty.

Preventive Detention:

If a person is seen to be a threat to

law or unity and integrity of the
country, the government can detain
such person to prevent any damage.
this is called Preventive Detention.
But preventive detention can extend
only for three months. The period
can be extended by an advisory
board. At the end of this period, the
person should either be brought for
trial before a Court or released.

c) Right Against Exploitation

When the rights to liberty and
equality are recognized, it naturally
leads to the right of every citizen to
be free from exploitation. The
makers of the Constitution believed
it was important to include specific
provisions to protect vulnerable
groups from exploitation. The
Constitution identifies three
particular forms of exploitation and
explicitly declares them illegal.

Traffic in Human Beings

The Constitution prohibits traffic in

human beings, which means the
selling and buying of human beings,
usually women, for immoral
purposes.
Forced Labour (Begar)

The Constitution also prohibits forced

labour or begar in any form. Begar is
a practice where a worker is
compelled to provide services to
their employer without payment or
for a minimal wage.
When this practice continues over a
lifetime, it is known as bonded
labour.
Child Labour

The Constitution bans child

labour, forbidding the employment of
anyone under the age of fourteen in
factories, mines, or other dangerous
jobs, including work in railways and
ports.
This constitutional mandate has led
to the creation of various laws to
prevent children from working in
industries like beedi production,
firecrackers, matches, printing, and
dyeing.
These provisions are essential to
protect the fundamental rights of
citizens, particularly those from
vulnerable sections of society. The
enforcement of these laws ensures
that individuals are not subjected to
exploitation and can live with dignity
and freedom.

Try yourself:
Which of the following is NOT a
restriction to the Right to Freedom in
India?
Under our constitution, everyone has
the right to follow, practice, and
promote their chosen religion.
Additionally, each religious group or
sect is free to manage its own
religious activities. . Accordingly,

There is no discrimination against

any religion;
Laws are not passed based on
religion;
A citizen can be proactive in any
religion which he/she wishes to;
Religion Constitutional sects can set
up charitable institutions.
What You Cannot Do Under the Right
to Freedom of Religion
You cannot force, deceive, or use
inducements to convert someone to
your religion. While you are free to
share and promote your beliefs,
conversion must be voluntary.
You cannot engage in practices that
harm others or are illegal under the
guise of religion. For instance, animal
or human sacrifices are not
permitted.
You cannot enforce religious
practices that discriminate against or
restrict the freedoms of individuals,
particularly women. For example, it
is not allowed to compel a widow to
shave her head or wear specific
clothes.
e) Cultural and Educational Rights
India is a country many religions,
languages and cultures. The
Constitution helps them in
preserving and developing their own
identity.

All sections of people having their

distinct cultures, languages and
scripts have full freedom to protect
the same.
No citizen can be denied admission
to any educational institution funded
or supported by the government due
to their religion or language.
All minorities have the right to
establish and administer educational
institutions of their choice

Educational Rights

f) Right to Constitutional Remedies

Rights act as promises that must be
upheld. The true value of
fundamental rights in the
Constitution lies in their
enforceability. This is where the Right
to Constitutional Remedies plays a
pivotal role, serving as a
fundamental right that empowers
individuals to enforce their rights.
The following section will help you
understand this further.

How can we secure these Rights?

Right to Constitutional Remedies:
This right is crucial for making other
rights actionable. It allows
individuals to seek legal recourse in
courts against any violation of their
rights by fellow citizens, private
entities, or the government. Dr.
Ambedkar hailed this right as the
Constitution's "heart and soul."
Protection Against Violations:
Fundamental Rights are safeguarded
against infringement by the
Legislature, the Executive, and any
governmental bodies. Any law or
action contravening these rights is
deemed invalid, enabling individuals
to challenge such violations in court.
Enforcement by Courts: Both the
Supreme Court and High Courts are
vested with the authority to issue
directives, orders, or writs to enforce
Fundamental Rights. A writ is a
formal written order issued by a
court or other legal authority. It
commands a person, organization, or
lower court to perform or refrain
from performing a specific act. Writs
are a way to protect fundamental
rights and address legal grievances.
They can also compensate victims
and penalize offenders, underscoring
the judiciary's independence and
power in safeguarding citizen rights.
Access to Courts: Anyone aggrieved
by a violation of a Fundamental Right
can approach the courts for redress.
Moreover, the advent of Public
Interest Litigation (PIL) has
broadened this scope, allowing any
individual or group to seek judicial
intervention in matters of public
interest against government actions
or laws, with the possibility of
initiating such litigation through
simple means, such as a postcard.

Try yourself:
Which fundamental right allows
individuals to seek legal recourse in
courts against any violation of their
rights by fellow citizens, private
entities, or the government?
Expanding Scope of RightsWhile we
mostly focused on the Fundamental
Rights in the Constitution, it's
important to know that people have
many more rights than just these.
The Constitution and different laws
have helped increase these rights
over time.
This enhancement often paves the
way for the introduction of new legal
rights for citizens.
Judicial pronouncements have
occasionally widened the
interpretation of pre-existing rights,
such as the right to freedom of the
press, right to information, and right
to education.
As of now, every Indian citizen is
assured the right to free and
compulsory education until the age
of 14, a mandate enforced by the
government under the law.
The Right to Information Act was
instituted drawing from the
Fundamental Right to freedom of
thought and expression, enabling
citizens to procure information from
government entities.
The Supreme Court has recently
expanded the definition of the right
to life to encompass the right to
food.
It's noteworthy that not all rights are
limited to the Fundamental Rights
enumerated in the Constitution. For
instance, the right to property and
the right to vote in elections are
recognized as constitutional rights,
albeit not as Fundamental Rights.
The extension of rights also ventures
into the domain of human rights,
which stand as universal moral
entitlements that might not
necessarily be upheld by law. With
the proliferation of democracy
globally, there's a growing impetus
on governments to honor these
claims, further buoyed by
international agreements.
International agreements or
covenants have helped in expansion
of fundamental rights.

Covenants are formal, binding

agreements or promises made
between parties. These agreements
are enforceable by law and often
relate to property, business, or
personal matters.

The evolution of rights continues

unabated, with new rights emerging
in response to societal
advancements and the
establishment of new constitutions.
For example, the South African
Constitution endows its citizens with
several novel rights:

Right to privacy, safeguarding

against unwarranted searches of
homes, phone tapping, and
interception of personal
communications.
Right to an environment that is not
detrimental to health or well-being.
Right to access adequate housing.
Right to healthcare services,
adequate food and water, and
emergency medical treatment
without discrimination.
International Covenant on Economic,
Social and Cultural Rights
This international covenant
recognizes several rights that are not
explicitly included in the
Fundamental Rights of the Indian
Constitution. Although it has not yet
become an international treaty,
human rights activists globally view
it as a benchmark for human rights
standards. The rights covered by this
covenant include:

Right to Work: The opportunity for

everyone to earn a livelihood
through employment.
Right to Safe and Healthy Working
Conditions: Ensuring fair wages and
working conditions that provide a
decent standard of living for workers
and their families.
Right to an Adequate Standard of
Living: Access to sufficient food,
clothing, and housing.
Right to Social Security and
Insurance: Protection against
economic hardship through social
security and insurance.
Right to Health: Access to medical
care during illness, special care for
women during childbirth, and
measures to prevent epidemics.
Right to Education: Provision of free
and compulsory primary education
and equal access to higher
education.
There's a prevailing belief that India
should elevate rights such as the
right to work, right to health, right to
a minimum livelihood, and right to
privacy to the status of Fundamental
Rights.

Keywords
Amnesty International: This global
entity, powered by volunteers,
champions human rights and
compiles independent assessments
of human rights abuses across the
globe.
Claim: Encompasses the pursuit of
legal or moral entitlements by an
individual towards fellow citizens,
society, or the state.
Covenant: Represents a solemn
promise by individuals, groups, or
nations to adhere to a specific rule or
principle.
Dalit: A designation for individuals
from castes historically deemed
untouchable, also known as
Scheduled Castes or Depressed
Classes.
The International Covenant on
Economic, Social, and Cultural
Rightsacknowledges numerous rights
not explicitly covered under the
Fundamental Rights of the Indian
Constitution. Though not an
international treaty, it is regarded as
a human rights standard globally,
enumerating rights such as:
The right to work, enabling everyone
to earn a living through employment.
Safe and healthy working conditions
and fair wages for a decent living
standard for workers and their
families.
The right to an adequate standard of
living, including sufficient food,
clothing, and housing.
Right to social security and
insurance.
Right to health, encompassing
medical care during illness, childbirth
care for women, and preventive
measures against epidemics.
Right to education, ensuring free and
compulsory primary education and
equitable access to higher
education.
Ethnic Group: Identified as a
community of people who share
common cultural practices, religious
beliefs, and historical backgrounds.
Traffic: Entails the illicit trade of
individuals, including men, women,
or children, for exploitative purposes.
Summon: A judicial notice
compelling an individual's
appearance in court.
Writ: A formal directive issued by the
High Court or the Supreme Court
mandating governmental action