Class 9th

Civics
CHAPTER-5
DEMOCRATIC RIGHTS
Introduction
• When socially recognised claims (rights) are written into law in a democracy, they are called democratic rights.
• The importance of rights can be judged by the one whose life has the absence of rights.

Prison in Guantanamo Bay

• About 600 people were secretly picked up by US forces from all over the world and put in a prison in Guantanamo
Bay, near Cuba.
• According to the American Government, they were enemies of the US and linked to the attack on New York on
11th September 2001.
• There was no trial before any magistrate in the US, nor could these prisoners approach courts in their own country.

Protest Regarding the Imprisonment

• Amnesty International, an International Human Rights Organisation reported that the prisoners were being tortured
in ways that violated the US laws.
• Despite the provisions of international treaties, prisoners were being denied treatment.
• Many prisoners tried to protest by going on a hunger strike, they were not released even after they were declared
not guilty.
• The organisation brings out independent reports on the violation of human rights all over the world.

Citizens’ Rights in Saudi Arabia

• Many countries like Saudi Arabia, Yugoslavia denied citizens’ rights.
• The country is ruled over by a hereditary king and the people have no role in electing their rulers.
• The king selects the Legislature as well as the Executive.
• He appoints the judges and can change any of their decisions.
• The media cannot report anything that the monarch does not like.
• There is no freedom of religion. Non-Muslim residents can follow their religion in private.
• Women are subjected to many public restrictions.

Ethnic Massacre in Kosovo

• In Yugoslavia, Serbs were in the majority and Albanians were in the minority.
• A democratically elected Serb leader Slobodan Milosevic wanted to dominate the country.
• Serbs wanted that the Albanians, (the Ethnic Minority Group) should leave the country or accept the dominance of
Serbs.
• A brutal massacre took place in Kosovo in which thousands of Albanians were killed.
• Milosevic lost power and was tried by the International Court of Justice for crimes against humanity.
• Kosovo with the majority population of Albanians declared independence in February 2008.

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Rights in a Democracy
• Everyone wants a system where at least a minimum assurance is guaranteed to all, whether he/she is powerful or
weak, rich or poor, majority or minority.
• No one, should be arrested without proper reason and information.
• There should be someone to enforce them and punish those who violate them.

Meaning of Rights
• Rights are reasonable claims of persons recognised in society and sanctioned by law.
• When fellow Citizens or the government do not respect their rights, it is a violation of our rights.

Need of Rights
• Rights are necessary for the very sustenance of a democracy. Every citizen has the Right to Vote and the Right to
be Elected.
• Rights protect minorities from the oppression of the majority.
• They ensure that the majority cannot do whatever it wishes to do.
• In most democracies, the basic rights of the citizen are written down in the Constitution.
• ‘Ethnic minority group - An ethnic minority group is a human population whose members usually identify each
other on the basis of common ancestry.
• People of an ethnic group are united by cultural practices, religious beliefs and pictorial memories.

Rights in the Indian Constitution

Fundamental Rights - Rights that are fundamental to our life are given a special status in Indian Constitution. These
rights are guaranteed by the Constitution.
The Six Fundamental Rights recognised by the Constitution are
• Right to Equality (Article 14–18)
• Right to Freedom (Article 19–22)
• Right against Exploitation (Article 23–24)
• Right to Freedom of Religion (Article 25–28)
• Cultural and Educational Rights (Article 29–30)
• Right to Constitutional Remedies (Article 32-35)

Right to Equality
• The Constitution says that the government shall not deny equality before the law or equal protection of the laws to
any person in India. This is called the rule of law.
• Right to Equality is the foundation of any democracy. The government shall not discriminate against any citizen on
grounds only of religion, race, caste, sex or place of birth.

Reservations
• The Government of India has provided reservations for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other
Backward Classes (OBCs). These reservations are not against the Right to Equality.
• Equality does not mean giving everyone the same treatment, no matter what they need. Rather it means giving
everyone an equal opportunity to achieve, whatever one is capable of. Sometimes, it is necessary to give special
status.
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Many Forms of Untouchability
• Barbers refused to serve Dalit clients.
• Dalit students were made to sit separately in the classroom and drink water from the separate pitcher.
• Dalit grooms were not allowed, to ride a horse in the wedding procession.
• Dalits were not allowed, to use common handpump or if they did, the handpump was washed to purify it.

Right to Freedom
• Under the Indian Constitution, all citizens have the right to
• Freedom of speech and expression.
• Assembly in a peaceful manner.
• Form associations, unions and cooperative societies.
• Move freely throughout the country.
• Reside in any part of the country.
• Practice any profession or carry on any occupation, trade or business.
• One cannot exercise his freedom in such a manner that violates others’ Right to Freedom.
Note: The government can impose certain reasonable restrictions on our freedom in the larger interests of society.

Personal Liberty
• The Constitution says that no person can be deprived of his life or personal liberty except according to the procedure
established by law.
• It means that no person can be killed unless the court has ordered a death sentence.
• When police arrest someone, they have to follow some procedures like.
• A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and
detention.
• Such a person 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 own defence.

Right against Exploitation

The Constitution mentions three specific evils and declares these illegal.
• First, the Constitution prohibits ‘traffic’ in human beings. Traffic here means selling and buying of human beings,
usually, women or children, for immoral purposes.
• Second, our constitution also prohibits forced labour in any form.
• Finally, the constitution prohibits child labour. No one can employ a child below the age of 14 to work in any
factory or mine or any other hazardous work, such as railways and ports.

Right to Freedom of Religion

• Every person has a right to profess, practice and propagate the religion he or she believes in.
• Every religious group or sect is free to manage its religious affairs. Freedom to propagate one’s religion does not
mean that a person has the right to compel another person to convert to his religion by means of force, fraud,
inducement or allurement.
• However, a person is free to change religion on his or her own will.

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Secularism
• A secular state is one that does not establish any one religion as official religion. In India, no privilege or favour is
provided to any particular religion.
• The government cannot compel any person to pay any tax for the promotion or maintenance of any particular
religion or religious institution.
• There shall be no religious instruction in the government educational institutions.
• In educational institutions managed by private bodies, no person can be compelled to take part in any religious
instruction or to attend any religious worship.

Cultural and Educational Rights

• The following cultural and educational rights for minorities are specified by our Constitution
• Any section of citizens with a distinct language or culture has a right to conserve it.
• Admission to any educational institution maintained by the government or receiving- government aid cannot be
denied to any citizen on the grounds of religion or language.
• All minorities have the right to establish and administer educational institutions of their choice.

Right to Constitutional Remedies

• We have a right to seek the enforcement of fundamental rights known as the Right to Constitutional Remedies.
• This right makes other rights effective. When any of the Fundamental Rights are violated, then citizens can directly
approach the Supreme Court or the High Court.
• Both courts have the power to issue writs (Habeas corpus, Mandamus, prohibition, Quo warranto and
Certiorari) for the enforcement of the rights.
Note: Dr. Ambedkar called the Right to Constitutional Remedies the heart and soul of our Constitution.

Right to Property
• The Constitution originally provided for the Right to Property under Articles 19 and 31.
• In the 44th Amendment Act of 1978 abolished this right from the list of Fundamental Rights.
• The Amendment made it a legal right under Article 30-A in the Constitution.

Right to Education
• Under Article 21-A, India joined a group of a few countries in the world to make education a Fundamental Right
of every child.
• It came into force on 1st April 2010. Article 21-A says that the state shall provide free and compulsory education to
all children of the age of six to fourteen years.
• This provision makes elementary education a Fundamental Right

Securing the Fundamental Rights

• 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.
• Citizens can challenge such laws in courts which enforce the fundamental Rights against private individuals and
bodies.
• Any person can go to court against the violation of the Fundamental Right.
• If it is of social or public interest, it is called Public Interest Litigation (PIL). Under the PIL, any citizen or group
of citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular
law or action of the government.
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National Human Rights Commission (NHRC)
• It is an independent commission established in 1993.
• The Commission is appointed by the President.
• The Commission focuses on helping the victims to secure their human rights.
• The Commission also considers the Human Rights mentioned in the UN-sponsored international treaties that India
has signed.
• The NHRC makes an independent and credible inquiry into any case of violation of human rights.
• The Commission presents its findings and recommendations to the government.

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