Democratic rights – notes
What are Rights?
• Rights are reasonable claims of persons recognised by society and sanctioned by law.
Prison in Guantanamo Bay
• About 600 people were secretly picked up by the US forces from all over the world.
• They were put in a prison in Guantanamo Bay, an area near Cuba controlled by American
Navy.
• They were linked to the attack on New York on 11 September 2001.
• The US army arrested them, interrogated them and decided whether to keep them there or
not.
• There was no trial before any magistrate in the US.
• Amnesty International, reported that the prisoners were being tortured in ways that violated
the US laws.
• The UN Secretary General said the prison in Guantanamo Bay should be closed down but
the US government refused to accept these pleas.
Why do we need rights in a democracy?
• For democratic elections to take place it is necessary that citizens should have the right to
express their opinion, form political parties and take part in political activities.
• Rights are guarantees which can be used when things go wrong.
• The government should protect the citizens’ rights.
• In most democracies, the basic rights of the citizen are written down in the constitution.
Rights in the Indian Constitution
• Indian Constitution provides for six Fundamental Rights.
Right to Equality
• According to constitution, the laws apply in the same manner to all, regardless of a person’s
status. This is called the rule of law.
• The government shall not discriminate against any citizen on grounds only of religion, race,
caste, sex or place of birth.
Right to Freedom
• Freedom means absence of interference in our affairs by others – be it other individuals or
the government.
Indian Constitution gives all citizens 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
→ Practice any profession, or to carry on any occupation, trade or business.
→ No person can be deprived of his life or personal liberty except according to procedure
established by law.
→ A government or police officer can arrest or detain any citizen unless he has proper legal
justification.
Right against Exploitation
• The Constitution prohibits ‘traffic in human beings’.
• The Constitution also forbids forced labour or beggar in any form.
• The Constitution also prohibits child labour.
Right to Freedom of Religion
• India is a secular state which means it does not establish any one religion as official
religion.
• Every person has a right to profess, practice and propagate the religion he or she believes in.
Cultural and Educational Rights
• The working of democracy gives power to the majority therefore it is the language, culture
and religion of minorities that needs special protection.
• The Constitution specifies the cultural and educational rights of the minorities:
→ Any section of citizens with a distinct language or culture have a right to conserve it.
→ Admission 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.
How can we secure these rights?
• The right to seek the enforcement of the fundamental rights is called the Right to
Constitutional Remedies.
• This itself is a Fundamental Right which makes other rights effective.
• Various other rights are:
→ Right to freedom of press
→ Right to information
→ Right to education
→ School Education
→ Right to information
→ Right to life
• Constitution provides many more rights, which may not be Fundamental Rights.
→ Right to property and Right to vote in elections are important constitutional rights.
