….DEMOCRATIC RIGHTS….
1. Prison in Guantanamo Bay:
Around 600 people were secretly taken by US forces to Guantanamo Bay,
near Cuba, accused of being enemies linked to the 9/11 attacks. Their
home governments were often not informed.
Families learned about their imprisonment through the media as visits
were not allowed. Amnesty International reported they were tortured in
ways violating US laws, without access to fair trials or fundamental rights.
Despite international calls for closure, the US government refused.
2. Citizens’ Rights in Saudi Arabia:
Consider Saudi Arabia as an example of a country where citizens' rights are
heavily restricted. A hereditary king rules the country without elections. He
controls the government, appoints judges, and limits political parties. The media
cannot criticise the king, and there's no religious freedom; everyone must be
Muslim. Women face many public restrictions, and their legal rights are limited
compared to men. This situation isn't unique to Saudi Arabia; similar conditions
exist in other countries worldwide.
3. Ethnic Massacre in Kosovo:
In Kosovo, in 1999, under Serbian leader Milosevic, ethnic Albanians faced severe
persecution despite Serbia being a democratic nation. Many Albanians were
targeted and killed by Serbian forces, with their homes burned down. This
tragedy, condemned globally, led to international intervention and Milosevic's
prosecution for crimes against humanity.
Rights in a Democracy:
In a democracy, rights are the fundamental freedoms and protections to which
every citizen is entitled. These rights ensure fairness, equality, and freedom for
all individuals. They include the right to vote, freedom of speech, equality before
the law, and the right to a fair trial. These rights are essential because they
empower citizens to participate in decision-making, express their opinions
without fear, and receive fair treatment under the law. Democracies uphold these
rights to ensure everyone has a voice and can live with dignity and security.
What are rights?
Rights are claims individuals make over others, society, and government for a
safe and happy life. They must be reasonable and not harm others. Social
recognition and legal backing give rights actual enforceability. Rights evolve with
societal norms and can be protected through legal avenues when violated.
Why do We Need Rights in a Democracy?
Rights are vital for democracy. They include the right to vote and stand for
election, freedom of expression and political participation. Rights also protect
minorities from majority oppression and ensure governments uphold citizen
rights, even when governments may fail to do so. These fundamental rights are
typically enshrined in constitutions to safeguard them from governmental
overreach.
Rights in The Indian Constitution:
In India, like in many other democracies, these rights are listed in the
Constitution. Some rights that are very important for our lives are called
Fundamental Rights. We learned in Chapter 2 about the introduction to our
Constitution. It talks about ensuring equality, freedom, and fairness for all
citizens. Fundamental Rights make sure that this promise is kept. They are a
crucial part of India's Constitution, and there are six types of Fundamental Rights
they are:
1. Right to Equality:
The Constitution guarantees equality before the law, ensuring everyone is
treated equally regardless of status.
It upholds the rule of law, ensuring that no one, including political leaders,
is exempt from legal accountability.
The Right to Equality prohibits discrimination based on religion, race,
caste, sex, or place of birth.
It ensures equal access to public places and government facilities, aiming
to eliminate discrimination based on social status or background.
2. Right to Freedom:
According to the Indian Constitution, every citizen has the right to:
Freedom of speech and expression
Assembly in a peaceful manner
Form associations and unions
Move freely throughout the country
Reside in any part of the country, and
Practice any profession or carry on any occupation, trade or business.
3. Right against Exploitation:
It means they shouldn't be exploited.
The Constitution forbids explicitly three things:
Trafficking of human beings, especially women, for immoral purposes.
Forced labour, where workers are made to work without proper pay, is
known as "begar."
Child labour prevents children under fourteen from working in dangerous
jobs like factories and mines.
These rules have led to laws banning children from working in industries
such as beedis, fireworks, matches, printing, and dyeing.
4. Right to Freedom of Religion:
The right to freedom includes practising any religion freely.
India is a secular state, ensuring impartiality towards all religions.
People have the right to profess, practice, and propagate their religion.
Religious groups manage their affairs independently.
Harmful practices and discrimination based on religion are prohibited.
5. Cultural and Educational Rights:
The Indian Constitution guarantees cultural and educational rights to minorities:
Any group of citizens with a unique language or culture has the right to
preserve it.
Government-funded educational institutions cannot refuse admission to
citizens based on their religion or language.
Minorities have the right to establish and manage educational institutions
of their preference.
6. Right to Constitutional Remedies:
The Right to Constitutional Remedies enables citizens to go to court if their
fundamental rights are denied.
It ensures individuals have a legal way to seek justice for violating their
rights.
This suitable guarantees that citizens can enforce their fundamental rights
through judicial intervention.
It plays a crucial role in upholding democracy by ensuring fairness and
accountability in governance.
How can We Secure these Rights:
The Right to Constitutional Remedies ensures that the other 5 Fundamental
Rights are meaningful. We can go to court to seek a solution when our rights are
violated. That's why Dr Ambedkar called the Right to Constitutional Remedies the
'heart and soul' of our Constitution.
Fundamental Rights are protected from actions by the Legislature,
Executive, and other government authorities.
No law or action can go against these Fundamental Rights.
If any law or action by the Legislature or Executive restricts or removes
any Fundamental Right, it will not be valid.
Expanding Scope of Rights:
Fundamental Rights form the foundation of all rights, and our Constitution and
laws ensure a broad spectrum of rights. Over time, the scope of these rights has
grown, often through court rulings.
Some rights, such as Freedom of the Press, Right to Information, and Right
to Education, stem from Fundamental Rights.
Now, every Indian citizen has the right to free and compulsory education
up to age 14, which the government must ensure.
The Parliament has passed a law granting citizens the Right to
Information.
Additionally, the Supreme Court has interpreted the right to life to include
the right to food, expanding its meaning.
