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Democratic Rights

The document discusses various aspects of constitutional rights and protections in India, including the significance of Fundamental Rights, the prohibition of untouchability, and the protection of minority rights. It also highlights the importance of the Right to Constitutional Remedies as a safeguard against violations of rights. Additionally, it contrasts the rights guaranteed by the South African Constitution with those in India, emphasizing the need for special protections for minorities.

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0% found this document useful (0 votes)
10 views4 pages

Democratic Rights

The document discusses various aspects of constitutional rights and protections in India, including the significance of Fundamental Rights, the prohibition of untouchability, and the protection of minority rights. It also highlights the importance of the Right to Constitutional Remedies as a safeguard against violations of rights. Additionally, it contrasts the rights guaranteed by the South African Constitution with those in India, emphasizing the need for special protections for minorities.

Uploaded by

heyyshashankk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

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314
Questions
TVpe
(SA)
ShortAnswer Stateany
three
provisions made inthe
prevent
4 Constitution to exploitation of the
T Describe the ethnic massacre in Kosovo. weakersections.
the
The ethnic massaCTe in Kosovo is developeddin provisions madein Constintion.
following wdys Ans. The threc
exploitation oftheweakersections dne
Yugoslavia betore its Constiution prohbibits raftic in
() Kosovo was a province of () The
split. In this province, thc Serbs were in But in beings because
trafficis selling and human
minorty and Albanians were in
majority.
the entire countv, Serbs were in najority.
human bcings cspccially the wcaker sec of
(i) The Constitution prohitbits forced labour
buyisectnigons,
(1) A narrow-mindedSerb nationalist Milosevic
had won the clections. His government was in any forms because begar is a pracIce
hostile to the Kosovo Albanians. worker is forced to render service to the whee
country. free of charge or at a nominal Master
(ni) He wanted the Serbs to dominate the
thought that cthnic
Mar1y other serb lcaders also either leave the
remuncr\aabourtion
u) The Constirution also prohibits child
minorities, Al banian should
of theserbs.
one can employ a child below thc age ot l4tnNo
COuntry or accept the dominance work in any factory ormine or any
(m) There were several instances of
killings based on
ethnic prcjudices during Milosevic's rule. The Aa) hazardous wA
When was National Human Riqhts
carricd out by Commission established?
ethnic massacre in Kosovo was
the army of their own country. (b) Who appoints the Commission?
2 Why Fundamental Rights are given aspecial (c) What are the main objectives of
status in the Indian Constitution? Give Reason. As. (a) National Human Rights Commission ws Commis on
Ans. Fundamenal Rights are givena special status in the established in 1993.
Indian Constitution because of the following reasons (6) The Commission is appointed by the Presien
() Thesc rights arc essential for all round
development of the citizens. () The main objective of the Commision are
. The Commission focuses on hclping the viCtn
(i) Fundamental Rights have been given to all tosecure their human rights. Thesc include al
citizens by the Constitution andno government
can abolish them. the rights granted to the citizens by the
() These rights protectminorities from the
Constitution.
opprcssion of majority. " The Commission also considers (he Humun
rThese are enforceable in the court of law. Rights mentioned in the UN sponsncd
international treaties that India has signed
3 Mention the Fundamental Rights which The Commission makes independent and
have been provided to the citizens by the credible inquiry into any case of violation
Constitution. human rights. The Comnission presents n
Ans. The lndian Constitution iself classifies he findings and recommendations to the goveme
Fundamental Rights under seven groups as follows
() Right to bquality 6 Why do we needrights in a democracyf
(i) Rightto Frcedom Ans, We need rights in a democracy becaue of the)
reasons
(i) Right against Exploitation
(iw) Right to Frecdom of Religion () Rights protect minoritics from the opprewn
(p) Cultural and Fducational Rights majority. They ensure that the majority cans
dowhetever it likes.
(vi) Right to Property (i) Rights are necessary in a democracy palnsd
(wi) Right toConstitutional Remedics tom
opinion,activiics
citizens can expres% theirpolitical
Of these, che Right to Property has been parties and take partin
by the 44ih climinated
Amendment Act of the Constitution. (ii) The government is expeced to guvenma
The remaining six rights. But, sometimes theclected
necessary for the veryFundamental
sustenancc
Rights are
of our democracy.
the needn
may not protect or even attack tighn th
These Fundamental Rights are given aspecial status oWn citizens. That is why, wome
government, o
thar
in our Constitution.
placed higherthan the
gOvefnnent can not violate them
315
Whatlegal procedures have to be followed 10 The Right to
bya police officer if he arrest or detain any
citizen.
is the Constitutional
'heart and soul' Remedy
of the Indian

lagal proceduresare, discussed below Constitution". Justify the


or Who said that the statement.
who arrested and detained will have Right to Constitutional
person
(9A beinformed the reasons for such arrest and
Remedies the 'heart and soul of our
is
to
detention.
Constitution?
mean?
What does this statement
whois detained and arrested shall be or Why is the Right to
Aperson before the nearest magistrate within a
()produced Constitutional Remedies
considered the 'heart and soul of our
periodof 24 hours of arrest. Constitution'? Explain any three reason.
Such person have the right to engage alawyer Ans. Dr, BR Amnbedkar said that the Right to
t for his/her defence.
Constitutional Remedies is the 'heart and soul' of the
reasonable
claims of persons Indian Constitution due to the following reasons
Rights are and sanctioned by () When any of our rights is violated, we can seek
recognised bysociety
claims be
these remedy through courts. If it is a Fundamental
law 'Why should Right, we can directly approach the Supreme
reasonable? Explain. Court or the High Court of the state.
claimsbecause
Rightsare reasonable (i) If any act of Legislature or Executive takes away
Rights are those conditions which allow for the or limits any of the Fundamental Rights, it
() personality.
fullest development ofindividuals' and
will be invalid. We can challenge such laws of
Rightsbenced
li) must to be recognised by society
reasonable.
the Central or the StateGovernment in the
court of law through the Right to Constitutional
Remedies.
that we make on society
im) They are the claims (ii) Right to Constitutional Remedies makes other
and on government. rights effective. This right is the guardian of
to others and one's
() They are made available the rights of
respect other rights.
right becomes one's duty to 11 Mention any three constitutional provisions
others.
Rights are sanctioned by the law, they need to that make India a secular state.
justiciable and Ans. In India,people belong to different religions. So,
have legal backing. They areare violated, we can
enforceable. Incase, rights theConstitution makers provide provisions for
approach courts. India to be a secular country.
secular are
"It is the language, culture and religion
of The Constitutional provisions that make India
citizens the
minorities that need special protection". () The Constitution provides to all its
What provisions have been made by the freedom to profess, practice and propagate any
Indian Constitution for the protection of the religion of their choice.
minorities? for India.
(i1) There is no official religioninstruction in the
lhe provisions made by the Indian Constitution for (i1) There shall be no religious Every PRAC
EXA
he protection of minorities are government educational institutions.
manage its
) Any section of citizens wich a distinct language religious group or sect is free to
otculture have a right to conserve it. religious affairs.
W) Admission to any 'uçational institution Constitution of India made
maintained by government or receiving 12 Why has the offence? Give
Bovernment aid cannot be denied to any citizen untouchability a punishable
on the grounds of religion or language. reasons.

minorities have the right to establish and made a punishable ofence by


Ans, Untouchabiliry has beenbecase ofthefollowing reasons
administer educational institutions of their the Constiturion of Indiamentions untouchability as an
hoice. () The Constitutionsocial discrimination and clearly
Thus, it can be concluded that culture extreme form of anendto
it.
dreligion of minorities need language,
special protection. directs the governmentto put
() lt does not onl means etusal o ouch a per
belonging to certaincastes. It is a thelief or soçial
practice which loOks down upon cetain castes
account of their birth with ceau case labels.
(in) Untouchabilitv denies incta tion ot
certain castes with othets o a 0 pub people o
places as equal ciizens, T'hat is why, the
Constitution has declared untouchability as a
punishable offence.
Describe any five rights that the constitutiOn
of South Africa quarantees to its citizens but
are not provided in the Constitution of India.
Ans. The Constitution of South guarantees its
citizens serveral Africa
kinds of new rights, which are not
given by the Constitution of lndia.
These are (
() Right toprivacy so that citizens or their home
can not be searched, their phone cannot be
tapped, their communication cannot be opened.
(in) Right toan environment that is not harmful to
their health or well-being.
(iii) Right to have access to adequate
housing.
(iv) Right to have access to health care
services,
sufficient food and water. No one may be refused
emergency medical treatment.
14 Read the
Oss h Democratic Rights

317
Rinelandgdhtthats Long Answer (LA) Type Questions
(i) lt includes
nguage
also
al
Explain the type of government Saudi
1have? What are its main features.
Arabia
interferencefreedom to
and to seck,hold opinions without
receive and import
ent or Saudi Arabia is a monarchv, ruled by a
hereditary
or
information and
(iii) Mass media is an ideas through any media.
enied to king and the people have no role in clecting Freedom of Speechinstrument for
and Expressioncxercising the
changing the rulers. important for a democratic society. which is
to are
The main features of this type ofgovernment (iv) Freedom of
the lcgislaturc, the executive and harm others Speech is not the
in the political freedom to hurt or
rity does () The king selects judges and can change any of society. arena or in the
e national also appoints the (p) The betterment of
their decisions.
a

eoplé (i)Citizens cannot form political parties or


any exercise of freedomsociety
which depends
on the right
should not be taken
political organisation. Away from thecommon people.
minority,
al and
Monarch
anything that the
(in) Media cannot reportis no freedom of religion. Arite any four features of the Right to
does not like. There Equality as a Fundamental Right.
es need
Every citizen is required to be a Muslim.
Non-Muslim residents can follow their religion or Explain the main provisions of the
Right to
in private but not in public Equality.
public Ans, Right to Equality is an important right provided in
avel to any (iv) Women are subjected to many of one man is Article 14-18 of Indian Constitution.
ide and restrictions. The testimony
dia. Let us considered equal to that of two women. It guarantees
e of Assam
Listout any four characteristics of
() Equality before law Article 14 of the
ad. Constitution guarantees that all citizens shall be
h that city, Fundamental Rights. equally protected by the laws of the country.It
a citizen of life are
Some rights which are fundamental to ourthese
Constitution, are means that the state cannot discriminate any of
there. The given a special status in our the Indian citizen on the basis of their caste,
ccupations. called Fundamental Rights. creed, colour, sex, gender, religion or place of birth.
do a certain
Some fearues of FundamentalRights are asfollouws (ii) Social equality and equal access to publicareas
() Universal These rights are universal which Article 15 states that every person shall have
sofIndia means they are for all the citizens of India
Y partof equal access to public places like public parks,
without any discrimination. museums, wells, bathing ghats, temples, etc.
()Restrictions Our rights are not absolute but there (iii) Equality in matters of public employment
ustbea are certain restrictions imposed on each of them. Article 16 states that all citizens can apply for
isgrantedto
oeenforced (ün) Justiciable Fundamental Rights are justiciable government jobs. But, this right shall not be
means citizens can move to the courts if any conferred to overseas citizens of India.
ntsofthe
becausethese
individual or government is violating his/her rights.
(in) Comprehensive These rights have Constirution abolishes the practice
17 of the
(iv) Abolition of Untouchability Articleof PRACTIC
EXAM
cctedor comprehensive approach. They tend to untouchability and anyone found doing so is
thelanguages safeguard our social, economic, cultural and punishable by law.
religious interests.
gle
citizenship
9) Suspendable These rights can be suspended in Amensty International's report
y 5 Whatwas the Guantanamo
partof the event of National regarding the prisoners in
any
sn lakhs
of Emergency.
t otownsand ¿Freedom of Speech
and Expression is one of Bay? Explain in detail.
the essential wbich is an internationl
Dus
regions.
he features of democracy. Explain Ans, Amnesty lnternational collected informationin
statement with suitable buman rights onganisation,
e dom of Spechofand. Expressionreasons.
Friential is one of the
Guantanamo Bay and reported
or even these
UN
Yeasons features democracydue to the following () Families of prisoners, media
allowedto meet
representatives were not
Wlt allows an arrested them,
prisoners. The US army
activities. individual to take part in public interrogated them and decided
keep
whether to
them there or not.

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