Class 9 Civics Chapter 5 Notes - Democratic Rights

Democratic Rights

For a government to be democratic, its citizens must enjoy certain rights to lead a good life. Studying democratic rights is essential as it enables us to understand our freedoms and responsibilities as citizens. It promotes informed decision-making during elections and fosters civic engagement. Additionally, it encourages respect for diversity and upholds the principles of justice and equality, which are the foundations of a healthy democratic society.

Democratic Rights

Life Without Rights 

Have you ever wondered what would life be like if the citizens in a country would not have their basic rights? Let's take a look at how life without rights looks like with the help of some examples around the world.

a) Prison in Guantanamo Bay:

1. Guantanamo Bay is a naval base near Cuba, where the U.S. Forces secretly abducted about 600 people suspected of involvement in the 9/11 terrorist attacks and imprisoned them at Guantanamo Bay.
2. In many cases, the governments of the prisoners' home countries were not asked or informed about their imprisonment. Prisoners' families were not informed about the imprisonments. Families of the prisoners, media, and UN representatives have not been allowed to meet with the prisoners.
3. Amnesty International, an international human rights organisation, reported that prisoners were being tortured in violation of U.S. laws and international treaties.
4. Some prisoners were not released even after being declared not guilty.
5. The UN Secretary General called for the closure of the Guantanamo Bay prison. The U.S. government refused to accept these pleas and the prison remains operational.

b) Citizens’ Rights in Saudi Arabia:

1. The country is an absolute monarchy with a hereditary king. The king has full control over the government, selecting the legislature and executive. The king also appoints judges and can overturn their decisions.
2. Citizens are not allowed to form political parties or organizations. The media is heavily censored, only reporting approved content. 
3. Religious freedom is restricted, with Islam as the mandatory state religion. Non-Muslims can only practice their religion privately.
4. Women face significant public restrictions and discrimination. The legal system values the testimony of men over women (one man's testimony is equal to that of two women).

There are several other countries in the the world where citizens face several such restrictions. 

c) Ethnic Massacre in Kosovo:

Even in countries where a leader is elected democratically, there have been cases where the rights of religious or ethnic minorities have been violated. Look at the case of Kosovo:

1.  Kosovo was a province in Yugoslavia. Albanians were an ethnic majority population in Kosovo, while Serbs were the majority in other parts of Yugoslavia.
2. Milosevic, who became the Prime Minister, wanted Serbs to dominate the country and aimed to eliminate the ethnic minority of Albanians.
3. Thousands of Albanians were massacred under Milosevic's regime.
4. Finally, with the intervention of many other countries, the massacre stopped. Milosevic lost power and a case was filed against him in the International Court of Justice for crimes against humanity.

Rights in a Democracy

In all the examples above, you can see that the citizens were treated in an unfair and unjust manner. What could have protected them from these cruelties? To ensure a system of security and dignity, democracies offer rights to its citizens. Let's understand them. 

a) What are Rights?

"Rights are reasonable claims of a person over other fellow beings, over the society and over the government. They are recognized by the society and sanctioned by law."

Some characteristics of rights: 

1. Rights are things that people can demand from others, society, and the government. They must be fair and not hurt anyone else. When we have a right, we also have a responsibility to respect the rights of others.
2. For something to be a right, society needs to agree that it is important. Rights only matter when they are part of a community. Each society has rules that guide our actions and help us know what is right and wrong. When society agrees that something is a right, it becomes more meaningful.
3. When rights are written into laws, they become much stronger. Without being part of the law, rights are just ideas or moral beliefs. Once a right is in the law, people can demand it and make sure it is respected. If someone breaks the law or ignores a right, people can go to court to protect their rights.

Rights of Citizens in a Democracy

Why do we need Rights in a Democracy?

1. Fundamental Rights provide the conditions which are essential for the development of the inherent qualities in man and to secure his all-round growth.
2. These are necessary to preserve human dignity and promote social progress in an atmosphere of freedom.
3. These provide civil liberties, without which democracy cannot be even conceived.
4. These are a significant check on the arbitrary use of the government.
5. Rights protect minorities from the oppression of the majority.

Rights in the Indian Constitution

The Constitution of India mentions several fundamental rights that it guarantees to all its citizens, and so do most other democracies around the world. Certain rights that are essential to our lives are granted a special status, known as Fundamental Rights. The preamble of our Constitution emphasizes the goal of ensuring equality and justice for all citizens. Fundamental Rights help fulfill this commitment and are a crucial foundational element of India's Constitution. 

Fundamental Rights in India

a) ‘Right to Equality’

The various aspects of ‘Right of Equality’ are as follows:

1. Rule of law: The constitution guarantees that all the citizens are equal before law, or in other words, the laws apply in the same way to all its citizens. This is called the rule of law.  The same law applies to political leaders and ordinary citizens alike. 
2. There is no discrimination on the basis of race, caste, sex or place of birth.
3. All citizens have access to all public places (like malls, hotels, etc.) and there is no restriction on the use of public utilities like wells, public playgrounds, etc. 
4. The State cannot discriminate against anyone in the matter of employment. All citizens can apply and become employees of the State.
5. Abolition of all titles like Khan Bahadur, etc.
6. People to be given equal opportunity to show their skill.
7. Protection of Weaker Sections: the right of equality gives special provisions for women and children.
8. Reservation: In legislature, educational institutions, government offices, etc, some seats are reserved for the weaker sections.
9. Ban on Untouchability: Untouchability is a form of social discrimination, which is an offence under the Constitution of India. Untouchability isn’t just about avoiding physical contact with certain castes. It includes any belief or practice that discriminates against people because of their caste. This denies them the chance to mix with others or use public places like everyone else. Anyone who practices untouchability is liable to punishment.

Two exceptions to the Right to Equality

The Right to Equality contains two exceptions as follows:

1. 1. Reservation Policies: The Constitution allows for affirmative action, such as reservations in education and employment for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. This is done to promote social and educational equality by giving these historically disadvantaged groups special opportunities.

   2. Laws for Special Protections: Certain laws provide special protections or privileges for specific groups, like women and children, based on their unique needs. These laws are meant to address social inequalities and ensure their safety and well-being, even if they create exceptions to the general principle of equality.

• These marginalized groups require additional support and protection due to historical and ongoing instances of discrimination and unequal treatment in various aspects of society. 
• These measures serve to promote social justice and work towards the eradication of inequalities faced by these disadvantaged groups in society.
• Equality isn't about treating everyone the same, regardless of their needs. It's about providing equal opportunities for everyone to achieve their potential. Sometimes, this requires giving special treatment to ensure fairness. 
• Job reservations serve this purpose by helping to create equal opportunities. 

b) Right to Freedom

The Right to Freedom is a Fundamental Right given to us by the Constitution and safeguarded by the government . It consists of the following rights:

1. Freedom of speech and expression.
2. Freedom to assemble peacefully.
3. Freedom to form unions and associations.
4. Freedom to move within the country.
5. Freedom to live in any part of India.
6. Freedom to practice any profession.

In addition, the Parliament has enacted a law giving the right to information to the citizens.

Right to Freedom

Freedom of speech and expression 

• You have the right to disagree with government policies or the actions of an organization and to voice your opinions in conversations with family and friends.
• You can share your views through various forms of media, like pamphlets, magazines, newspapers, art, poetry, or songs. 
• However, this freedom doesn’t allow you to incite violence, encourage rebellion against the government, or defame others by spreading false and harmful information.

Freedom to assemble peacefully

• Citizens are free to hold meetings, processions, rallies, and demonstrations on various issues.
• However, these gatherings must be peaceful and should not cause public disorder or disturb the peace.
• Participants in these activities are not allowed to carry weapons.

Freedom to form unions and associations

Citizens also have the right to form associations, such as workers in a factory creating a union to advocate for their interests or a group of people forming an association to fight against corruption or pollution in their town.

Freedom to move within and live in any part of the country

• We have the freedom to live and settle in any part of India.
• For example, if someone from Assam wants to start a business in Hyderabad, even if they've never been to the city or have any connections there, they have the right to do so as an Indian citizen.
• This right enables millions of people to migrate from villages to towns and from less developed areas to more prosperous regions and big cities.

Freedom to practice any profession

“No citizen can be denied his life and liberty.”

The Right to Freedom guarantees that no citizen can be denied his life and liberty.

1. These can be denied only by law, i.e., only if a citizen has violated a law or committed a crime.
2. No one can be arrested without being told why he/she is being arrested.
3. And, if arrested, every citizen has the right to defend himself/herself through a lawyer of his/her own choice.
4. Also, if a citizen is arrested, he/she must be brought before a magistrate within 24 hours.

Recently, the Supreme Court has expanded the meaning of the right to life to include the right to food. All these rights are given to the citizens to ensure that the government cannot oppress them unjustly or take away their liberty.

Preventive Detention:

If a person is seen to be a threat to law or unity and integrity of the country, the government can detain such person to prevent any damage. this is called Preventive Detention. But preventive detention can extend only for three months. The period can be extended by an advisory board. At the end of this period, the person should either be brought for trial before a Court or released.

c) Right Against Exploitation

When the rights to liberty and equality are recognized, it naturally leads to the right of every citizen to be free from exploitation. The makers of the Constitution believed it was important to include specific provisions to protect vulnerable groups from exploitation. The Constitution identifies three particular forms of exploitation and explicitly declares them illegal.

1. Traffic in Human Beings

   • The Constitution prohibits traffic in human beings, which means the selling and buying of human beings, usually women, for immoral purposes.

2. Forced Labour (Begar)

   • The Constitution also prohibits forced labour or begar in any form. Begar is a practice where a worker is compelled to provide services to their employer without payment or for a minimal wage. 
   • When this practice continues over a lifetime, it is known as bonded labour. 

3. Child Labour

   • The Constitution bans child labour, forbidding the employment of anyone under the age of fourteen in factories, mines, or other dangerous jobs, including work in railways and ports. 
   • This constitutional mandate has led to the creation of various laws to prevent children from working in industries like beedi production, firecrackers, matches, printing, and dyeing.

These provisions are essential to protect the fundamental rights of citizens, particularly those from vulnerable sections of society. The enforcement of these laws ensures that individuals are not subjected to exploitation and can live with dignity and freedom.

d) Right to Freedom of Religion

Under our constitution, everyone has the right to follow, practice, and promote their chosen religion. Additionally, each religious group or sect is free to manage its own religious activities. . Accordingly,

1. There is no discrimination against any religion;
2. Laws are not passed based on religion;
3. A citizen can be proactive in any religion which he/she wishes to;
4. Religion Constitutional sects can set up charitable institutions.

What You Cannot Do Under the Right to Freedom of Religion

• You cannot force, deceive, or use inducements to convert someone to your religion. While you are free to share and promote your beliefs, conversion must be voluntary.
• You cannot engage in practices that harm others or are illegal under the guise of religion. For instance, animal or human sacrifices are not permitted.
• You cannot enforce religious practices that discriminate against or restrict the freedoms of individuals, particularly women. For example, it is not allowed to compel a widow to shave her head or wear specific clothes.

e) Cultural and Educational Rights

India is a country many religions, languages and cultures. The Constitution helps them in preserving and developing their own identity.

1.  All sections of people having their distinct cultures, languages and scripts have full freedom to protect the same.
2. No citizen can be denied admission to any educational institution funded or supported by the government due to their religion or language.
3. All minorities have the right to establish and administer educational institutions of their choice

Educational Rights

f) Right to Constitutional Remedies

Rights act as promises that must be upheld. The true value of fundamental rights in the Constitution lies in their enforceability. This is where the Right to Constitutional Remedies plays a pivotal role, serving as a fundamental right that empowers individuals to enforce their rights. The following section will help you understand this further.

How can we secure these Rights?

• Right to Constitutional Remedies: This right is crucial for making other rights actionable. It allows individuals to seek legal recourse in courts against any violation of their rights by fellow citizens, private entities, or the government. Dr. Ambedkar hailed this right as the Constitution's "heart and soul."
• Protection Against Violations: Fundamental Rights are safeguarded against infringement by the Legislature, the Executive, and any governmental bodies. Any law or action contravening these rights is deemed invalid, enabling individuals to challenge such violations in court.
• Enforcement by Courts: Both the Supreme Court and High Courts are vested with the authority to issue directives, orders, or writs to enforce Fundamental Rights.  A writ is a formal written order issued by a court or other legal authority. It commands a person, organization, or lower court to perform or refrain from performing a specific act. Writs  are a way to protect fundamental rights and address legal grievances. They can also compensate victims and penalize offenders, underscoring the judiciary's independence and power in safeguarding citizen rights.
• Access to Courts: Anyone aggrieved by a violation of a Fundamental Right can approach the courts for redress. Moreover, the advent of Public Interest Litigation (PIL) has broadened this scope, allowing any individual or group to seek judicial intervention in matters of public interest against government actions or laws, with the possibility of initiating such litigation through simple means, such as a postcard.

Expanding Scope of Rights

• This enhancement often paves the way for the introduction of new legal rights for citizens.
• Judicial pronouncements have occasionally widened the interpretation of pre-existing rights, such as the right to freedom of the press, right to information, and right to education.
• As of now, every Indian citizen is assured the right to free and compulsory education until the age of 14, a mandate enforced by the government under the law.
• The Right to Information Act was instituted drawing from the Fundamental Right to freedom of thought and expression, enabling citizens to procure information from government entities.
• The Supreme Court has recently expanded the definition of the right to life to encompass the right to food.
• It's noteworthy that not all rights are limited to the Fundamental Rights enumerated in the Constitution. For instance, the right to property and the right to vote in elections are recognized as constitutional rights, albeit not as Fundamental Rights.

The extension of rights also ventures into the domain of human rights, which stand as universal moral entitlements that might not necessarily be upheld by law. With the proliferation of democracy globally, there's a growing impetus on governments to honor these claims, further buoyed by international agreements. International agreements or covenants have helped in expansion of fundamental rights. 

Covenants are formal, binding agreements or promises made between parties.  These agreements are enforceable by law and often relate to property, business, or personal matters.

The evolution of rights continues unabated, with new rights emerging in response to societal advancements and the establishment of new constitutions. For example, the South African Constitution endows its citizens with several novel rights:

• Right to privacy, safeguarding against unwarranted searches of homes, phone tapping, and interception of personal communications.
• Right to an environment that is not detrimental to health or well-being.
• Right to access adequate housing.
• Right to healthcare services, adequate food and water, and emergency medical treatment without discrimination.

International Covenant on Economic, Social and Cultural Rights

This international covenant recognizes several rights that are not explicitly included in the Fundamental Rights of the Indian Constitution. Although it has not yet become an international treaty, human rights activists globally view it as a benchmark for human rights standards. The rights covered by this covenant include:

• Right to Work: The opportunity for everyone to earn a livelihood through employment.
• Right to Safe and Healthy Working Conditions: Ensuring fair wages and working conditions that provide a decent standard of living for workers and their families.
• Right to an Adequate Standard of Living: Access to sufficient food, clothing, and housing.
• Right to Social Security and Insurance: Protection against economic hardship through social security and insurance.
• Right to Health: Access to medical care during illness, special care for women during childbirth, and measures to prevent epidemics.
• Right to Education: Provision of free and compulsory primary education and equal access to higher education.

There's a prevailing belief that India should elevate rights such as the right to work, right to health, right to a minimum livelihood, and right to privacy to the status of Fundamental Rights.

Keywords

• Amnesty International: This global entity, powered by volunteers, champions human rights and compiles independent assessments of human rights abuses across the globe.
• Claim: Encompasses the pursuit of legal or moral entitlements by an individual towards fellow citizens, society, or the state.
• Covenant: Represents a solemn promise by individuals, groups, or nations to adhere to a specific rule or principle.
• Dalit: A designation for individuals from castes historically deemed untouchable, also known as Scheduled Castes or Depressed Classes.
• The International Covenant on Economic, Social, and Cultural Rights acknowledges numerous rights not explicitly covered under the Fundamental Rights of the Indian Constitution. Though not an international treaty, it is regarded as a human rights standard globally, enumerating rights such as:
  • The right to work, enabling everyone to earn a living through employment.
  • Safe and healthy working conditions and fair wages for a decent living standard for workers and their families.
  • The right to an adequate standard of living, including sufficient food, clothing, and housing.
  • Right to social security and insurance.
  • Right to health, encompassing medical care during illness, childbirth care for women, and preventive measures against epidemics.
  • Right to education, ensuring free and compulsory primary education and equitable access to higher education.
• Ethnic Group: Identified as a community of people who share common cultural practices, religious beliefs, and historical backgrounds.
• Traffic: Entails the illicit trade of individuals, including men, women, or children, for exploitative purposes.
• Summon: A judicial notice compelling an individual's appearance in court.
• Writ: A formal directive issued by the High Court or the Supreme Court mandating governmental action