Democratic Rights Summary Class 9 Social Science Chapter 5

What are Rights?

• Rights are reasonable claims of persons recognised by society and sanctioned by law.

Case Study where rights are denied

Prison in Guantanamo Bay

• About 600 people were secretly picked up by the US forces from all over the world.
• They were put in a prison in Guantanamo Bay, an area near Cuba controlled by American Navy.
• They were linked to the attack on New York on 11 September 2001.
• The US army arrested them, interrogated them and decided whether to keep them there or not.
• There was no trial before any magistrate in the US.
• Amnesty International, reported that the prisoners were being tortured in ways that violated the US laws.
• The UN Secretary General said the prison in Guantanamo Bay should be closed down but the US government refused to accept these pleas.

Why do we need rights in a democracy?

• For democratic elections to take place it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
• Rights are guarantees which can be used when things go wrong.
• The government should protect the citizens’ rights. 
• In most democracies, the basic rights of the citizen are written down in the constitution.

Rights in the Indian Constitution

• Indian Constitution provides for six Fundamental Rights.

Right to Equality

• According to constitution, the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.
• The government shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. 

Right to Freedom

• Freedom means absence of interference in our affairs by others – be it other individuals or the government.
• Indian Constitution gives all citizens the right to:
  • Freedom of speech and expression
  • Assembly in a peaceful manner
  • Form associations and unions
  • Move freely throughout the country
  • Reside in any part of the country
  • Practice any profession, or to carry on any occupation, trade or business.
  • No person can be deprived of his life or personal liberty except according to procedure established by law.
  • A government or police officer can arrest or detain any citizen unless he has proper legal justification.

Right against Exploitation

• The Constitution prohibits ‘traffic in human beings’. 
• The Constitution also forbids forced labour or beggar in any form.
• The Constitution also prohibits child labour. 

Right to Freedom of Religion

• India is a secular state which means it does not establish any one religion as official religion.
• Every person has a right to profess, practice and propagate the religion he or she believes in.

Cultural and Educational Rights

• The working of democracy gives power to the majority therefore it is the language, culture and religion of minorities that needs special protection.
• The Constitution specifies the cultural and educational rights of the minorities:
  • Any section of citizens with a distinct language or culture have a right to conserve it.
  • Admission to any educational institution maintained by government or receiving government aid cannot be denied to any citizen on the ground of religion or language.
• All minorities have the right to establish and administer educational institutions of their choice.

How can we secure these rights?

• The right to seek the enforcement of the fundamental rights is called the Right to Constitutional Remedies.
• This itself is a Fundamental Right which makes other rights effective.

Expanding scope of Rights

• Fundamental Rights are the source of all rights, our Constitution and law offers a wider range of rights.
• Over the years the scope of rights has expanded.
• Various other rights are:
  • Right to freedom of press
  • Right  to information
  • Right to education
  • School Education
  • Right to information
  • Right to life 
• Constitution provides many more rights, which may not be Fundamental Rights. 
  • Right to property and Right to vote in elections are important constitutional rights.