Chapter 5 - Democratic Rights Notes
Life Without Rights
The major incidents in history which highlight the drawback of the absence of democratic rights are:
1. Prison in the Guantanamo Bay
Secretly, 600 people from all over the world were picked up by American government and
were put in a prison in Guantanamo Bay. The government claimed them as the enemies of the
US soil & linked them to the attack on New York on 11 September 2001, without a legit proof.
2. Citizens’ Rights in Saudi Arabia
In the Saudi Arabia, relation between the citizens & the government’s position is mentioned
below:
• A hereditary king rules that the country & the people have no function in electing or
altering their rulers.
• The legislature, as well as the executive, are selected by the king.
• No political parties or the political organizations can be formed by any citizen.
• No freedom of religion can then be exercised by the citizens.
• There are also many public restrictions on women
3. Ethnic Massacre in Kosovo
Before the partition, Yugoslavia was a small province. The population of it was vastly ethnic Albanian
but the Serbs were the main population of the country. Milosevic who was a narrow- minded Serb
nationalist had won the election & his government was very antagonistic to Albanians. He wanted the
Serbian domination over the country. Many Serb leaders also believed that Ethnic minorities like
Albanians should either depart from the country or accept supremacy of the Serbs.
Rights in a Democracy
All of us really want to live happily without the fear of bad treatment. This can happen only if other
people behave in such a way which does not harm us or hurt us. Likewise, all our actions should not
also harm or hurt others. When anything is equally possible for others, then a right is readily possible.
A right comes with a duty to value the others’ rights. The basis of these rights lies on the factors which
are recognized by society as rightful.
There are also three key features that transform a claim into a right:
• The claim should be rational.
• The claim should be accepted by the society.
• The claim should also be authorized by law.
Why Do We Need Rights in the Democracy
Every citizen also has the right to vote & right to be elected to government in a democracy. Rights
also play a very significant part in a democracy. Rights then safeguard minorities from the tyranny of
the majority. Rights are generally assurances which can be put to play when things are not right.
Rights in the Indian Constitution
Our Constitution also provides for 6 Fundamental Rights, which are as follows:
1. RIGHT TO EQUALITY (ARTICLE 14 TO 18)
It grants equality to all its citizens in the eyes of law. Rule of law is the foundation of any democracy.
No discrimination can be made against any citizen on grounds of birth, caste, religion and gender.
Untouchability is made a cognisable offence. Equal opportunity is guaranteed to all the citizens.
Equality means giving everyone an equal opportunity to achieve whatever one is capable of.
2. RIGHT TO FREEDOM (ARTICLE 19 TO 22)
It grants:
1. freedom of speech and expression, – The right gives freedom of
expression but one can’t use this freedom to instigate violence
against others.
2. freedom to assemble in a peaceful manner, – People can meet to
discuss or for exchange of ideas. They should take care not to lead
to any public disorder.
3. freedom to form associations,
4. freedom to move freely in any part of the country,
5. freedom to reside in any part of the country and
6. practice any profession, carry out any occupation or trade.
3. RIGHT AGAINST EXPLOITATION (ARTICLE 23 TO 24)
The constitution prohibits:
(i) “traffic in human beings”,
(ii) Prohibits forced labour or begar and
(iii) prohibits child labour.
4. RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 TO 28)
There is no state religion in India. All religions are given equal respect. Every person has a right to
profess, practice and propagate his own religion. Freedom to practice religion does not mean doing
anything in the name of religion.
5. CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29 TO 30)
Minorities have the right to conserve their language and culture. They have the right to establish their
own educational institutions.
6. RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32 TO 35)
This is the right that makes all rights effective. If a citizen’s fundamental rights are violated or taken
away, he/she can seek remedy through courts.
Dr. Ambedkar called this right as the “heart and soul” of our constitution.
Expanding Scope of Rights
Fundamental Rights are also the foundation of all rights. With time the courts also gave judgments to
expand the scope of rights and our Constitution and law offer a wider range of rights.
• Some rights like right to freedom of the press, right to information, & right to education are
derived from the Fundamental Rights.
• Right to school education: The government is also accountable for giving free and compulsory
education to all children up to the age of 14 years.
• Parliament has then passed a law providing the right to information to the citizens.
• The Supreme Court has also extended the right to life to comprise the right to food.
