Q1: The Right to Equality is an important Fundamental Right. Mention some of the features of this right.
Ans:
- In order to remove all kinds of inequalities from our society, our Constitution made all the citizens of India equal before law. It means no one can be discriminated against on the grounds of religion, race, caste, sex or place of birth.
- People committing the same crime are punished in the same way, regardless of a person’s status. This is called the rule of law. It means that no person is above the law. No person can legally claim any special treatment or privilege just because he or she happens to be an important person.
- Every citizens shall have access to public places like shops, restaurants, hotels and cinema halls. Similarly, there shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds and places of public resorts maintained by government or dedicated to the use of general public.
- The same principle applies to public jobs. 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 the grounds mentioned above.
- The practice of untouchability has been forbidden in any form. Untouchability here does not only mean refusal to touch people belonging to any belief or social practice which looks down upon people on account of their birth with certain caste labels. Such practice denies them interaction with others or access to public places as equal citizens. So, the Constitution made untouchability a punishable offence.
Q2: How has expansion of rights taken place from time to time? Or Describe how the scope of rights has been expanding.
Ans:
- From time to time, the rights of the citizens have expanded. Certain rights like right to freedom of
- press, right to information, and right to education are derived from the Fundamental Rights.
- Now school educational 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. ;
- The Right to Information is another important right given to the citizens of India. This right has been derived from the Fundamental Right to freedom of thought and expression. We have a right to seek information from government offices.
- Recently the Supreme Court has expanded the meaning of the right to life to include the right to food.
- Our 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. Right to vote in elections is another important Constitutional Right.
- Right to work, right to safe and healthy working conditions, right to adequate standard of living including adequate food, clothing and housing, right to health, etc. are another important right which have been evolved over time. Thus, the scope of rights has been expanding and new rights are evolving over time. They are the result of struggle of the people.
Q3: What do you mean by the right to freedom of speech and expression? What are the limitations of this right?
Ans: Freedom of speech and expression is one of the essential features of any democracy. Our ideas and personality develop only when we are able to freely communicate with others. One may think differently from another. One has the right to think differently and express one’s views accordingly.
One has right to disagree with a policy of government or activities of an association. One is free to criticise the government or the activities of the association in one’s conversations with parents, friends and relatives. One has right or freedom to publicise one’s views through a pamphlete, magazine or newspaper. One can do it through different means which include paintings, poetry or songs.
Limitations: But this freedom has to be used in the right manner so that it does not harm others. The limitations of this freedom are:
- One cannot use this freedom to instigate violence against others. .
- One cannot use it to incite people to rebel against government. .
- One cannot use this freedom to defame others by saying false and mean things that cause damage to a person’s reputation.
Q4: Describe what is right to freedom of religion. What are the limitations of this right?
Ans: India is a country in which many religions are practised. Our Constitution defines our country as a secular state. This means that all religions are equal before law. The state does not establish any one religion as official religion. Indian secularism practices an attitude of a principled and equal distance from all religions.
The state has to be neutral and impartial in dealing with all religions. Every citizen of India has a right to profess, practice and propagate the religion he or she believes in. Every religious group or sect is free to manage its religions affairs.
Limitations: The right has certain limitations:
- A right to propagate one’s religion does not mean that a person has right to compel another person to convert into his religion by means of force, fraud, inducement or allurement. However, a person can change religion on his or her own will.
- Freedom to practice religion does not mean that a person can do whatever he wants in the name of religion. One cannot sacrifice animals or human beings as offerings to supernatural forces or Gods.
- Religions practices which treat women as inferior or those that infringe women’s freedom are not allowed. For example, widowed women cannot be forced to wear white clothes.
Q5: ‘Some rights need to be placed higher than the government’. Give reason.
Ans: Though it is the responsibility of a democratic government to protect its citizens’ rights but sometimes elected governments may not protect or may even attack the rights of their own citizens. That is why some rights need to be placed higher than the government, so that the government cannot violate them. In most democracies basic rights of the citizens are written down in the Constitution.
Q6: Mention the features of a secular state.
Ans:
The features of a secular state are given below:
- A secular state is one that does not confer any privilege or favour on any particular religion. Nor does it punish or discriminate against people on the basis of religion they follow.
- The government cannot compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
- There shall be no religious instruction in the government educational institutions. In educational institutions managed by private bodies no person shall be compelled to take part in any religious instruction or to attend any religious worship.
Q7: Enlist the procedures which have to be followed by a government or public officer before arresting or detaining any citizen.
Ans: The Constitution says that no person can be deprived of his life or personal liberty except according to procedure established by law. It also means that a government or police officer cannot arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures given below:
- A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
- A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest.
- Such a person has the right to consult a lawyer or engage a lawyer for his defence.
Q8: Our Constitution guarantees six kinds of freedom. Name them.
Ans:
Under the Indian Constitution all citizens have the right to:
- Freedom of speech and expression.
- Freedom to assemble peacefully and without arms.
- Freedom to form associations and unions.
- Freedom to move freely throughout the country.
- Freedom to reside in any part of the country, and
- Freedom to practice any profession, or to carry on any occupation, trade or business.
Q9: Describe with an the principle of non-discrimination extends to social life as well.
Ans:
- The Constitution mentions one extreme form of social discrimination, the practice of untouchability. It clearly directs the government to put an end to it.
- The practice of untouchability has been forbidden in any form. Untouchability here does not only mean refusal to touch people belong 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.
- Such practice denies them interaction with others or access to public places as equal citizens. So, the Constitution made untouchability a punishable offence.
Q10: What is the position of the citizens in Saudi Arabia with regard to their government?
Ans:
Saudi Arabia is a country ruled by a hereditary King and the people have no role in electing or changing their rulers. The king selects the legislature as well as the executive. He appoints the judges and can change any of their decisions. In such a country, citizens have very limited scope of freedom:
- They cannot form political parties or any political organisations. Media cannot report anything that the monarch does not like.
- There is no freedom of religion. Every citizen is required to be Muslim. Non-Muslim residents can follow their religion in private, but not in public.
- Women in Saudi Arabia are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.
Q11: What was Amnesty International’s report on the condition of the prisoners in Guantanamo Bay?
Ans:
- Amnesty international collected information on the condition of the prisoners in Guantanamo Bay and reported that the prisoners were being tortured in ways that violated the US laws.
- The prisoners were being denied the treatment that even prisoners of war must get as per international treaties. Many prisoners had tried protesting against these conditions by going on a hunger strike.
- Prisoners were not released even after they were officially declared not guilty. An independent inquiry by the UN supported these findings but the US government paid no heed.
Q12: Mention any three provisions of the Right to Equality.
Ans:
The right to equality is an important Fundamental Right. Some of the implications of this rights are:
- The government shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
- Every citizen shall have access to public places like shops, restaurants, hotels and cinema halls.
- There shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds and places of public resorts maintained by government or dedicated to the use of general public.
- All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.
Q13: On the basis of P. Sainath’s news reports in The Hindu enlist various forms of untouchability and caste discrimination still being practised against Dalits or persons belonging to Scheduled Castes.
Ans:
In 1999, P.Sainath travelled to various parts of the country and found many forms of untouchability still in practice. He found that in many places
- Tea stalls kept two kinds of cups, one for Dalits and one for others;
- Barbers refused to serve dalit clients;
- Dalit students were made to sit separately in the classroom or drink water from separate pitcher;
- Dalit grooms were not allowed to ride a horse in the wedding procession; and
- Dalits were not allowed to use common handpump or if they did it, the handpump was washed to purify it.
Q14: Explain the freedom to travel to any part of the country and the freedom to carry on any occupation.
Ans: We are free to reside and settle in any part of the territory of India. This right allows lakhs of people to migrate from villages to towns and from poorer regions of the countries to prosperous regions and big cities. The same freedom extends to choice of occupations. No one can force you to do or not to do a certain job. Women cannot be told that some kinds of occupations are not for them. People from deprived castes cannot be kept to their traditional occupations.
Q15: What is called PIL? Write in brief about it.
Ans:
- In recent years the courts have given several judgements and directives to protect public interest and human rights. Any one can approach the courts if public interest is hurt by the actions of government. This is called public interest litigation.
- One can write to the judges even on a postcard. The court will take up the matter if the judges find it in public interest.
- The court check malpractices on the part of public officials.
Q16: Explain what do you mean by the right to freedom of assembly in a peaceful manner.
Ans:
- Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any issue.
- They may want to discuss a problem, exchange ideas, mobilise public support to a cause, or seek votes for a candidate or party in an election.
- But such meetings have to be peaceful. They should not lead to public disorder or breach of peace in society. Those who participate in these activities and meetings should not carry arms with them.
- Citizens also can form associations. For examples, workers in a factory can form a workers’ union to promote their interests. Some people in a town may come together to form an association to campaign against corruption or pollution or any other issue.