108) Why do we need rights in a democracy?
Answer: Rights are very essential part for the very sustenance of a democracy. Without rights democracy will became meaningless and ineffective. For democratic elections, it is necessary that citizens should have the right to express their opinions, from political parties and take part in political activities. Rights protect minorities from the oppression of majority. They ensure the majority cannot do whatever it likes. The government is expected to protect citizen's rights. But sometimes elected government may not protect or may even attack the rights of their own citizens. So, g some rights need to be placed higher than the government so that it cannot violate them.
109) Write any four features of the Right to Equality as a Fundamental Right. Or Explain the main provisions of the Right to Equality.
Answer: Right to Equality is an important right provided for in Article 14-18 of Indian Constitution. It guarantees
(i) Equality Before Law Article 14 of the Constitution guarantees that all citizens shall be equally protected by the laws of the country. It means that the state cannot discriminate any of the Indian citizen on the basis of their caste, creed, colour, sex, gender, religion or place of birth.
(ii) Social Equality and Equal Access to Public Areas Article 15 states that every person shall have equal access to public places like public parks, museums, wells, bathing ghats, temples, etc.
(iii) Equality in Matters of Public Employment Article 16 states that all citizen can apply for government jobs. But this right shall not be conferred to overseas citizens of India.
(iv) Abolition of un touch ability Article 17 of the Constitution abolishes the practice of un touch ability and anyone doing so is punishable by law.
110) (a) Right to Constitutional Remedies is very special right. What is so special about this right?
(b) What values/lesson you have learnt from the given constitutional right?
Answer: (a) Right to Constitutional Remedies is very special Right because it is through this Right that all other Fundamental Rights are safeguarded and arbitrary action of the state is checked. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of a State. The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. Most eminent of the writs are?Habeas corpus, Mandamus, Prohibition, Quo-warranto and Cerdorari. They award compensation for the violation for Fundamental Rights. Thus, without the Right to Constitutional Remedies, the other Fundamental Rights become meaningless. (b) From the given constitutional right I have learnt, that everyone should respect the Constitutional Rights.
111) List out any four characteristics of Fundamental Rights.
Answer:Some rights which are fundamental to our life are given a special status in our Constitution, these are called Fundamental Rights. Some features of Fundamental Rights are as follow
(i) Fundamental Rights are the promotion and enhancement of Human Rights.
(ii) Fundamental Rights primarily protect individuals from any arbitrary state action. But some rights are enforceable against individuals. For instance, the Constitution abolishes un touch ability and also prohibits 'begar'.
(iii) These rights are not absolute or uncontrolled and are subject to reasonable restrictions.
(iv) Fundamental Rights given in the Constitution are universal, justiciable and comprehensive. Universal means they are for all the citizens of India without any discrimination. Justiciable means individual can move to the court if his rights are violated, comprehensive means these rights safeguard our social, economic, cultural and religious interest.
112) What was the Amnesty International's report regarding the prisoners in Guantanamo Bay? State the condition of prisoners according to the report of Amnesty International in Guantanamo Bay.
Answer:The Amnesty International reported that the prisoners were being tortured in ways that violated the US laws. 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, Condition of prisoners in Guantanamo Bay
(i) About 600 people were secretly picked up by the US forces from all over the world and put in a prison in Guantanamo Bay. The America government said they were enemies of the US and linked to the attack on the US.
(ii) In most cases the governments of their countries were not asked or even informed about their imprisonment.
(iii) Families of prisoners, media or even UN representatives were not allowed to meet them.
(iv) The US army arrested them, interrogated them and decided whether to keep them.
(v) There was no trial before any magistrate in ins US. Even the prisoners could not approach courts in their own country.
113) 'Go to the playground of the school or any stadium and watch a 400 metre race on any track. Why are the competitors in the outer lane placed ahead of those in the inner lane at the starting point of the race'? Read the above passage and answer the following questions (a) What would happen if all the competitors start the race from the same line? Which of these would be an equal and fair race? Apply this example to a competition for jobs. (b) What values do you learn from the above passage?
Answer:(a) Since, the outer lane has a bigger circumference than the inner lane, more than 400 metre distance will be covered in one round of the track. Thus competitors in the outer lane are placed ahead, so that they are given an equal opportunity compared to the person in the inner lane. If all the competitors start at the same line, the outer track competitors will have to run a longer distance, which will not be fair. So, in the first case, it will be a fair race. Similarly, in a competition for jobs, if the Scheduled Castes are given reservations, they can compete on an equal basis, because they are educationally and culturally backward, although they may be fit, for the job, for which they have applied. (b) From the above passage I have learnt, the values like impartiality and equality.
114) Observe any big public building. Is there a ramp for physically handicapped? Are there any other facilities that make it possible for physically handicapped to use the building in the same way as any one else? Should these special facilities be provided, if it leads to extra expenditure on the building? Do these special provisions go against the principle of equality?
Answer: In many public buildings like hospitals and big offices, there are such ramps. Some airports have special toilets for the physically handicapped. These special provisions do not go against the Right to Equality, as handicapped persons also have the same rights as normal citizens and the government must provide for them accordingly.
115) Are these cases instances of violation of the Right to Freedom? If yes, which constitutional provision does each violate? (a) The Government of India banned Salman Rushdie's book "the Satanic Verses' on the ground that it was disrespectful to Prophet Muhammed and was likely to hurt the feelings of the Muslim community. (b) Every film has to be approved by the Censor Board of the Government before it can be shown to the public. But, there is no such restriction if the same story is published in a book or a magazine. (c) The government is considering a proposal that there will be industrial zones or sectors of the economy, where workers will not be allowed to form unions or go on strike. (d) City administration has imposed a ban on use of public microphones after 10pm in view of the approaching secondary school examinations.
Answer:(a) Yes, this violates the Right to Freedom of Thought and Expression.
(b) Yes, this violates the Right to Freedom of Thought and Expression.
(c) Yes, this violates the Right to Freedom to form associations and unions.
(d) No, this is not a violation of the Right to Freedom because the Constitution restricts freedom to a group of people (who are likely to use public microphones after (10 PM) as long as that freedom does not affect or hamper freedom of anyone else. Also the ban is imposed in the larger interests of the people.
116) Which of these statements about the, relationship between democracy and rights is more valid? Give reasons for your preference. (a) Every country that is a democracy gives; rights to its citizens. (b) Every country that gives rights to its citizens is a democracy. (c) Giving rights is good, but it is not necessary for a democracy.
Answer:Statement (a) is the most valid statement, democracy is a system of government elected by the people, g which works for the people and so a democracy must provide rights to the citizens.
117) Read the following news reports and identify the right that is being debated in each of these cases? (a) An emergency session of the Shiromani Gurdwara Prabandhak Committee (SGPC) rejected the proposal to form a separate body to manage the affairs of Sikh shrines in Haryana. It warned the government that the Sikh community would not tolerate any interference in their religious affairs (June 2005). (b) The Allahabad High Court quashed the Central Law, which gave Aligarh Muslim University its minority status and held illegal reservation of seats for Muslims in its post-graduate medical courses (January 2006). (c) The Rajasthan Government has decided to enact an anti-conversion law. Christian leaders have said that the Bill would aggravate the sense of insecurity and fear in the minds of minorities (March 2005).
Answer:(a) Here, it is the Right to Freedom of Religion.
(b) Here, it is the Right to Equality.
(c) Here, it is the Right to Freedom of Religion.
118) Name the Fundamental Right under which each of the following rights falls. (a) Freedom to propagate one's religion (b) Right to life (c) Abolition of untouchability (d) Ban on bonded labour
Answer: (a) Right to Freedom of Religion (b) Right to Freedom (c) Right to Equality (d) Right against Exploitation
119) Which of the following is not an instance of an exercise of a Fundamental Right? (a) Workers from Bihar go to the Punjab to work on the farms (b) Christian missions set up a chain of missionary schools (c) Men and women government employees get the same salary (d) Parents' property is inherited by their children
Answer: (d) Parents' property is inherited by their children.
120) Are these restrictions on the right to freedom justified? Give reasons for your answer. (a) Indian citizens need permission to visit some border areas of the country for reasons of security. (b) Outsiders are not allowed to buy property in some areas to protect the interest of the local population. (c) The government bans the publication of a book that can go against the ruling party in the next elections.
Answer: (a) Statement (a) is justified to protect the interests of the nation and its people. (b) Statement
(b) is justified because it protects the interest of local people and help to maintain ecological balance.
(c) Statement (c) is not justified because it violates the Right to Freedom of Speech and Expression of citizens.
121) When Madhurima went to the property registration office, the Registrar told her' You can't write your name as Madhurima Bannerjee d/o AK Bannerjee'. You are married, so, you must give your husband's name. Your husband's surname is Rao. So, your name should be changed to Madhurima Rao. She did not agree. She said If my husband's name has not changed after marriage, why should mine?' In your opinion, who is right in this dispute? And why?
Answer:Madhurima is right. She has the right to use her either maiden surname or her husband's surname. She cannot be forced to change her name. It will violate her Fundamental Right, Right to Equality.
122) Which of the following freedoms is not available to an Indian citizen? (a) Freedom to criticise the government (b) Freedom to participate in armed revolution (c) Freedom to start a movement to change the government (d) Freedom to oppose the central values of the Constitution
Answer: (b) Freedom to participate in armed revolution.
123) Name any four Political Rights,
Answer: Four Political Rights are
(i) Right to Vote
(ii) Right to Assembly
(iii) Right to Hold any Public Office;
(iv) Right to Petition
124) Which of the following rights is available under the Indian Constitution? (a) Right to Work (b) Right to Adequate Livelihood (c) Right to Protect One's Culture (d) Right to Privacy
Answer: Right to protect one's culture
125) Draw a web interconnecting different rights discussed in this chapter i.e., right to freedom of movement is connected to the freedom of occupation. One reason for this is that freedom of movement enables a person to go to place of work within ones village or city or to another village, city or state. Similarly, this right can be used for pilgrimage, connected with freedom to follow one's religion. Draw a circle for each right and mark arrows that show connection between or among different rights. For each arrow, give an example that shows the linkage.
Answer:The arrow labels details are given below
(i) In case, somebody is not allowed to work in a particular job even though selected, he can approach the court for restoring this right.
(ii) If somebody is not allowed access to a public place because of his caste, he can approach the court for restoring this right.
(iii) If a person is accused for a crime, he can engage a lawyer to defend him.
(iv) Freedom to work anywhere in the country.
(v) Establishing an educational institution for a minority community.
(vi) Somebody going for a pilgrimage.
(vii) We can conduct a peaceful demonstration in a group against some government policies, which affect us adversely.
126) Read about the National Human Rights Commission and answer the given question. Do you notice references to the National Human Rights Commission (NHRC) in the news collage on this page? These references reflect the growing awareness of human rights and struggles for human dignity. Many cases of human rights violations in diverse fields, for instance, Gujarat riots, are being brought to the public notice from across India. Human rights organisations and the media often criticise government agencies for not seriously pursuing these cases or catching the culprits. Someone had to intervene on behalf of the victims. This is where the National Human Rights Commission stepped in. This is an independent commission set up by law in 1993. Like judiciary, the Commission is independent of the government. The Commission is appointed by the President and includes retired judges, officers and eminent citizens. Yet it does not have the burden of deciding court cases. So, it can focus on helping the victims secure their human rights. These include all the rights granted to the citizens by the Constitution. For NHRC, human rights also include the rights mentioned in the UN sponsored international treaties that India has signed. The NHRC cannot by itself punish the guilty. That is the responsibility of courts. The NHRC is there to make independent and credible inquiry into any case of violation of human rights. It also inquires into any case of abetment of such violation or negligence in controlling it by any government officer and takes other general steps to promote human rights in the country. The Commission presents its findings and recommendations to the government or intervene in the court on behalf of the victims. It has wide ranging powers to carry out its inquiry. 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. Citizen of India can write a letter to this address to complain against the violation of Human Rights = National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110001. There is no fee or any formal procedure to approach the NHRC. Like NHRC, there are State Human Rights Commissions in 16 states of the country. Are the rights only for adults? Which of these rights are available to children?
Answer: No, Fundamental Rights, are not only for the adults, they are available to all the citizens of the country without any discrimination. Right against exploitation is specially devoted to children because it protects the children from exploitation. These rights prohibit child labour.
No one can employ a child below the age of 14 to work in any factory or mine or in any other hazardous work such as railways and s ports. Using this right as a basis, many laws have been made to prohibit children from working in industries such as beedi making, fire crackers, matches, printing and dyeing.