46) Why did Dr. Ambedkar call the Right to Constitutional Remedies 'the heart and soul' of our constitution?
Answer: (i) Right to Constitutional Remedies is a fundamental right. This right makes other rights effective.
(ii) It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. When any of our rights is violated, we can seek remedy through courts.
(iii) If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of a state. That is why, Dr. Ambedkar called the Right to Constitutional Remedies 'the heart and soul' of our constitution.
47) What is PIL? How does it work?
Answer: (i) In case of any violation of a Fundamental Right, the aggrieved person can go to a court for remedy.
(ii) But now, any person can go to court against the violation of a Fundamental Right, if it is of social or public interest. This is called Public Interest Litigation (PIL).
(iii) Under the PIL, any citizen or group of citizens can approach the Supreme Court or the High Court for the protection of public interest against a particular law or action of the government.
48) How were prisoners treated in Guantanamo Bay?
Answer:Treatment of prisoners in Guantanamo Bay was very humiliating.
(i) There was no trial before any magistrate and US law was completely violated.
(ii) This place is not located in US but an area near Cuba controlled by American Navy, so nobody knows the location of the prison.
(iii) Families of prisoners, media or even UN representatives were not allowed to meet the prisoners.
49) What did Amnesty International do to get Guantanamo Bay prison closed?
Answer: (i) Amnesty International, an international human rights organisation, collected information on the condition of the prisoners in Guantanamo Bay and reported that prisoners were being tortured in ways that violated the US laws.
(ii) They were being denied the treatment that even prisoners of war must get as per international treaties. Prisoners were not released even after they were officially declared not guilty.
(iii) The UN Secretary General said that the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.
50) What happened in Kosovo (Albania) in 1999?
Answer: (i) A massacre was being carried out by the army of their own country, working under the directions of a leader, Milosevic, who came to power through democratic election.
(ii) This was one of the worst instances of killings based on ethnic lines in recent time.
(iii) Finally, several other countries intervened to stop the massacre. Milosevic lost power and was tried by an International Court of Justice for crimes against humanity.
51) Why do some rights need to be placed higher than the government?
Answer: (i) Things may go wrong when some citizens may wish to take away the rights of others. This usually happens when those in majority want to dominate in the minority.
(ii) The government should protect the citizens' rights in such a situation. But sometimes elected governments may not protect or may even attack the rights of their own citizens. (iii) That is why, some rights need to be placed higher than the government, so that the government cannot violate them.
52) Why has constitution made un touch ability a punishable offence?
Answer: (i) The constitution mentions an extreme form of social discrimination, the practice of un touch ability and clearly directs the government to put an end to it.
(ii) The practice of un touch ability has been forbidden in any form.
(iii) Un touch ability, here does not only mean refusal to touch people belonging to certain castes. It refers to any belief or social practice which looks down upon people on account of their birth with certain caste labels.
(iv) Such practice denies them interaction with others or access to public places as equal citizens. So, the constitution made un touch ability a punishable offence.
53) "Right to Freedom" is the most important Fundamental right. Analyse this statement.
Answer: Right to Freedom is the most important right:
(i) Freedom means absence of interference in our affairs by it others-be individual or Government.
(ii) Freedom of speech and expression.
(iii) Assembly in a peaceful manner.
(iv) Form unions and associations
(v) Move freely throughout country.
(vi) Reside in any part of the country and practice any profession.
54) What are 'rights'? How can we claim a right?
Answer:Rights are claims of a person over other fellow beings, the society and the government.
(i) A right is possible when we make a claim that is equally possible for others. You cannot have a right that harms or hurts others.
(ii) The Serbs in Yugoslavia could not have claimed the whole country for themselves.
(iii) The claims we make should be reasonable. They should be such that it can be made available to others in equal measure.
(iv) A right comes with an obligation to respect others' rights.
55) Why do we need rights in a democracy?
Answer: (i) Rights are necessary for the very sustenance of a democracy.
(ii) In a democracy, every citizen has to have the right to vote and the right to be elected to the government.
(iii) For democratic elections, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
(iv) Rights protect the minorities from the oppression of the majority.
(v) Rights are a guarantee which can be used when things go wrong. Things may go wrong when some citizens may wish to take away the rights of others. So, rights perform a very special role in democracy.
56) What are the main features of Right to Equality?
Answer: (i) Every citizen, from the Prime Minister to a small farmer in a remote village, is subject to the same laws.
(ii) Under Right to Equality, the government shall not discriminate against any citizen on the grounds of religion, ethnicity, sex or place of birth.
(iii) Every citizen shall have access to public places like shops, restaurants, hotels and cinema halls.
(iv) All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government. No citizen shall be discriminated against or made ineligible for employment on any grounds.
(v) Equality means giving everyone an equal opportunity to achieve whatever one is capable of. Sometimes, it is necessary to give special treatment to someone in order to ensure equal opportunity.
57) What is Secularism? How did the Indian Constitution make India a secular state?
Answer:Secularism does not confer any privilege or favour on any particular religion. All religions are treated equally by the law.
(i) Secularism is based on the idea that the state is concerned only with relations among human beings and not with the relation between human beings and God.
(ii) A secular state is one that does not establish any one religion as the official religion. (iii) Indian secularism keeps equal distance from all religions.
(iv) The state has to be neutral and impartial in dealing with all religions.
58) How does the constitution protect our rights?
Answer: (i) Fundamental Rights are guaranteed against the actions of the Legislature, the Executive and any other authority instituted by the government.
(ii) There can be no law or action that violates the Fundamental Rights.
(iii) Courts also enforce the Fundamental Rights against private individuals and bodies. (iv) The Supreme Court and High Courts have the power to issue orders or 'writs' for the enforcement of the Fundamental Rights.
(v) They can also award compensation to the victims and punishment to the violators. In case of any violation of a Fundamental Right, the aggrieved person can go to a court for remedy.
59) Write a short note on the National Human Rights Commission.
Answer: (i) NHRC is an independent commission set up by the law in 1993.
(ii) Like the Judiciary, the commission is independent of the government.
(iii) The commission is appointed by the President and includes retired judges, officers and eminent citizens.
(iv) It does not bear the burden of deciding cases. So it can focus on helping the victims secure their human rights.
(v) These include all the rights granted to the citizens by the constitution.
(vi) The NHRC cannot punish the guilty. That is the responsibility of the courts.
(vii) Like any court, it can summon witnesses, question any government official, demand any official paper, visit any prison for inspection or send its own team for on-the-spot inquiry
60) 'The Right to Freedom is a cluster of several Rights'. Explain.
Answer:(i) Freedom of speech and expression.
(ii) Assemble in a peaceful manner.
(iii) Form associations and unions.
(iv) Move freely throughout the country.
(v) Reside in any part of the country.
(vi) Practice any profession, occupation, trade and business.
61) How are the scope of rights expanded?
Answer: (i) Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights.
(ii) Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all children up to the age of 14 years.
(iii) Parliament has enacted a law giving the right to information to the citizens. This Act was made under the Fundamental Right to freedom of thought and expression.
(iv) Constitution provides many more rights, which may not be Fundamental Rights. For example, the right to property is not a Fundamental Right, but it is a constitutional right. (v) Sometimes, the expansion takes place in what is called human rights. There are universal moral claims that may or may not have been recognised by law.
62) What are Fundamental Rights? Mention the six Fundamental Rights provided in the Indian Constitutions. Which Fundamental Right protects the rest of the Fundamental Rights?
Answer: (i) Some rights which are fundamental to our life are given a special status in the Constitution. They are called Fundamental Rights.
(ii) The Constitution provides six
Fundamental Rights: (1) Right to Equality
(2) Right to Freedom
(3) Right to Freedom of Religion
(4) Cultural and Educational Rights
(5) Right against Exploitation
(6) Right to Constitutional Remedies.
(iii) Right to constitutional remedies protects the rest of the Fundamental Rights.
63) Women are subjected to many public restrictions. What values are neglected in this conduct?
Answer:(i) Right to Freedom (ii) Right to Equality
(iii) Right to Express (iv) Right to Career
(v) Right to Education (vi) Right to Exploitation.
64) On what grounds are rights morally justified to citizens?
Answer: (i) To promote democracy (ii) To promote right to live (iii) To promote rights of minorities (iv) To give people right to freedom of conscience (v) To give people right to express
65) What rights would you enjoy and not enjoy if you are granted freedom of speech and expression?
Answer: Enjoyments (i) To elect the government (ii) To develop personality
(iii) To communicate freely
Limitations (i) Cannot instigate violence (ii) Cannot rebel against government
(iii) Cannot damage a person's reputation.
66) The Indian Constitution under right against exploitation highlights certain values. What are these?
Answer: (i) To prohibit selling and buying of human beings
(ii) To prohibit forced labour
(iii) To ban bonded labour
(iv) To ban child labour in hazardous industries.
67) Amnesty International is an international organisation for (a) human rights (b) world peace (c) restoring democracy (d) justice
68) Kosova was a province of which of the following countries? (a) Czechoslovakia (b) Yugoslavia (c) Serbia (d) Russia
69) Which one of the following is not a Fundamental Right? (a) Right to Equality (b) Right to Constitutional Remedies (c) Right to sacrifice animals under the Right to Freedom of Religion (d) Right against Exploitation
70) A secular state is one (a) that does not establish any one religion as the official religion (b) that does not confer any privilege or favour on any particular religion (c) that which has to be neutral and impartial in dealing with all religions (d) all of the above
71) In which year was the National Human Rights Commission set up in India? (a) 1991 (b) 1992 (c) 1993 (d) 1994
72) What was the reason given by America for imprisoning people at Guantanamo Bay?
Answer: America considered the people as their enemies and linked them to the attack on New York on 11th September, 2001.
73) Which body exposed to the world that prisoners at Guantanamo Bay were being tortured in ways that violated the US laws?
Answer: Amnesty International, an international human rights organisation reported that prisoners at Guantanamo Bay were being tortured in ways that violated the US laws.
74) What was Slobodan Milosevic's attitude towards the Albanians?
Answer: Slobodan Milosevic was a narrow-minded Serb nationalist, who wanted Serbs to dominate the Albanians as his government was hostile to the Kosovo Albani
75) How was the Massacre of Albanians finally stopped?
Answer: Several countries intervened to stop the Massacre of Albani
76) What was the result of the intervention of other countries to stop the killings of Albanians?
Answer: Several countries intervened to stop the killing of Albanians, as a result Milosevic lost power and was tried by the International Court of Justice for crimes against humanity.
77) What are rights?
Answer: Rights are reasonable claims of person recognised by society and sanctioned by law.
78) Which Fundamental Right ensures the ban on bonded labour?
Answer: The Fundamental Right, which ensures the ban on bonded labour is 'Right against exploitation'.
79) What makes any political system democratic?
Answer: The availability of different Civil Rights, Political Rights and Economic Rights makes any political system democratic.
80) If our Fundamental Rights are violated, where can we seek the remedy?
Answer: If our Fundamental Rights are violated, we seek remedy to the Supreme Court or High Court.
|1. What are democratic rights?|
|2. How are democratic rights protected in a country?|
|3. What is the importance of democratic rights?|
|4. How do democratic rights contribute to the functioning of a democracy?|
|5. Can democratic rights be limited or restricted?|