Important Questions & Answers: Human Rights in India | Legal Studies for Class 12 - Humanities/Arts PDF Download

Q.1. The Government of India has provided reservations for Scheduled Castes, Scheduled Tribes and other Backward Classes. Are these reservations against the right to equality? Explain.

(i) Such reservations are not against the right to equality. For equality does not mean giving everyone the same treatment, no matter what they need. Equality in real sense means giving everyone an equal opportunity to achieve whatever one is capable of.
(ii) Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity.
(iii) This is what job reservations do. Just to clarify this, the Constitution says that reservations of this kind are not a violation of the Right to Equality.

Q.2. Explain with an example how you can use the right to seek redressal.

Right to seek Redressal 
(i) Consumers have the right to seek redressal against unfair trade practices and exploitation.
(ii) If any damage is done to a consumer, he has the right to get compensation depending on the degree of damage.
(iii) There is a need to provide to an easy and effective public system by which this can be done.
(iv) An example of Prakash or any other relevant example to be explained.

Q.3. What is Right to Information? Explain any two advantages of it.

The Right to Information is defined as ‘the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices’ in the Consumer Protection Act of 1986.
Advantages of right of information are as follow:-
(i) Control corruption: Under RTI Act every one has the right to ask questions for particular service and it is compulsory that the responsible officer gives the answer of the person's request within the time limit. So the chance of corruption will automatically minimize.
(ii) Easy mode to spread information: By this Act people can get the direct answer from the higher authority. It is the easy mode to spread information to the particular person who actually needs it.

Q.4. Name the two noteworthy events in the direction of Human Rights.

(i) The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10 December 1948 as a common standard of achievements for all peoples and all nations.

(ii) The World Conference on Human Rights was held by the United Nations in Vienna, Austria, on 14 to 25 June 1993. It was the first human rights conference held since the end of the Cold War. The main result of the conference was the Vienna Declaration and Programme of Action.

Q.5. Gandhiji strongly believed that every adult in India should be given the right to vote. However, a few people don't share his views. They feel that illiterate people, who are mainly poor, should not be given the right to vote. What do you think? Do you think this would be a form of discrimination? Give five points to support your view and share these with the class.

All citizens are equal. The constitution aims at providing all equality to all its citizens. If a person believes in that illiterate people should not be given the right to vote then he is simply being a discriminator.

• We have no right to discriminate any one on the basis of poverty.
• An illiterate is also a citizen of India. He should not be debarred from voting right on the basis of his illiteracy.
• Our constitution provides equal voting rights to all its citizens.
• As ideal citizens we all have to abide by the constitutional provisions. 

We must honour human dignity and legal provisions.

Q.6. Are these restrictions on the right to freedom justified? Give reasons for your answer.

Indian citizens need permission to visit some border areas of the country for reasons of security.

This is justified. Right to freedom is for all the citizens which grants to move freely anywhere in the country but due to security reasons some areas are restricted as the freedom of movement by every citizen can prove dangerous for the security of India.

Q.7. Explain the rights conferred under Right to Freedom (Article 19).

Article 19 (1) of the India constitution provides for six rights to freedom. each of these rights has exceptions to it provided in the Article itself. these rights are-
(i) Freedom of speech and expression. This right gives an individual right of speech and expression but is subjected to reasonable restrictions imposed in the interest of the sovereignty and integrity of India, Security of State, Relations with a foreign state, public order, decency or morality or about contempt of court, defamation or incitement to an offense.
(ii) To assemble peaceably and without arms. the State can make a law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right.
(iii) To form associations or unions, subject to reasonable restrictions.
(iv) To move freely throughout the territory of India; subject to the reasonable restriction imposed in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
(v) To reside and settle in any part of the territory of India; subject to the reasonable restriction imposed in the interest of the general public or for the protection of the interest of any Scheduled Tribe.
(vi) To practice any profession, or to carry on any occupation, trade or business; subject to reasonable restrictions the state can make laws relating to.

Q.8. When Madhurima went to the property registration office, the Registrar told her, You can't write your name as Madhurima Banerjee d/o A. K. Banerjee. You are married, so you must give your husbands name. Your husband's surname is Rao. So your name should be changed to Madhurima Rao. She did not agree. She said If my husbands name has not changed after marriage, why should mine? In your opinion who is right in this dispute? And why?

In this dispute, Madhurima is right. The Registrar, by questioning and interfering in her personal affairs, is violating her right to freedom.  Every religion has a practice of changing women's surname after marriage. Although constitution does not compel women to do so. Changing surname after marriage is a personal decision. And Registrar compelling Madhurima to do so, is infringement of right to life and personal liberty.

Q.9. Describe the importance of the 'Right to Information (RTI)' for consumers. 

(i) The Right to Information Act empowers all Indian Citizens to seek information from public authorities, which includes central, state and local governments, Parliament, judiciary, police, etc. Under RTI, a citizen can ask a question, seek information, take copies of official documents, inspect government work and its progress.
(ii) RTI has helped the citizens in the following manner: It has empowered them.
(iii) It has made them aware of the functioning of the government machinery.
(iv) RTI has made citizens vigilant and made them more conscious about their rights and duties.
(v) It has exposed various scams and has helped citizens in making wise choices.

Q.10. Defines RTI Act ? 

The RTI Act is an Act of the Parliament of India that given the right to information privileges to all Citizens of India.

Q.11. What Rights are available under RTI Act 2005 ?

Following Rights are available under RTi act 2005 which are : -
(i) Ask any question from the government or seek any information.
(ii) Take copies of any government documents  
(iii) Inspect any government documents
(iv) Inspect any Government works.
(v) Take sample of materials of government work.

Q.12. Does the RTI Act provides For partical Disclosure?

Yes, under section 10 of the RTI Act, access may be provided to that part of the record which does not contain information which is exempt from disclosure under the Act.

Q.13. Article 17 of Indian Constitution is very important, why?

(i) Artilce 17 of the indian Constitution deals with Abolition of Untouchability and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.
(ii) This Article is a crucial one as it tries to bridge the gap between the different sections of society. It tries to reinforce the principle of equality among the citizens which is an important pillar of a democracy.

Q.14. ____________ protects our fundamental rights.

Courts protect our fundamental rights

Q.15. Name the Fundamental Right under which each of the following rights falls: Right to life.

Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” 'Life' in Article 21 of the Constitution is not merely the physical act of breathing.

Q.16. What is the term given to the women's right to vote? In earlier days, why this right was denied and how did women get it?

Women Suffrage is the term given to women's right to vote. Women were considered inferior to men both physically and mentally. They were considered unfit to cast votes and it was considered that married woman's existence was incorporated into that of her husband.
It was argued that voting would distract women from their roles as mothers and wives. On the onset of 1800s, women fought for broad based economic and political equality. national and International efforts were coordinated to gain voting rights and with women's contribution to the war changed the notion that women cannot be equal to men. Initially women got limited voting rights but eventually the women suffrage became universal phenomena.

Q.17. What are the limitations of the Right to Freedom of Religion?

Every person has a right to profess, practise and propagate the religion he/she believes in. But this freedom does not mean that a person can do whatever he wants in the name of religion. The limitations of this freedom are given below:
(i) One cannot sacrifice animals or human beings as offerings to supernatural forces or gods.
(ii) Religious practices which treat women as inferior or those that infringe women's freedom are not allowed.
(iii) One cannot force a widowed woman to shave head or wear white clothes. etc.

Q.18. Name any two writs issued by the Supreme Court.

• Habeas Corpus and Mandamus are two of the five writs that can be issued by the Supreme Court.
• Under Habeas Corpus, the court can cause any person who has been detained or imprisoned to be physically brought before the court.
• Mandamus is a command issued by the court to any public official, public body, corporation, inferior court, tribunal or government asking them to perform their duties which they have refused to perform.

Q.19. Manoj went to a college to apply for admission into an MBA course. The clerk refused to take his application and said You, the son of a sweeper, wish to be a manager! Has anyone done this job in your community? Go to the municipality office and apply for a sweepers position. Which of Manoj's fundamental rights are being violated in this instance? Spell these out in a letter from Manoj to the district collector.

Right to equality is violated here as according to this every citizen of India before the law whether he is from upper or lower caste or rich or poor. Right to freedom is also violated as it grants personal liberty. He or She can carry any profession or business.
Letter from Manoj to the district collector
To
The District Collector,
Address
Date
Subject - Violation of Fundamental Right
Respected Sir/Madam
I had applied for admission into an MBA course so as to fulfill my wish to be a Manager. The clerk rejected my application on the basis of class bias .This is clearly violation of my Right To Freedom and Profession.I request you to intervene in the matter.
Thank You
Manoj

Q.20. In Rajasthan the right to free and compulsary education on Act 2009, was applied from ____.

1 April, 2007.
In Rajasthan the right to free and complusary education Act 2009 was applied from 1 April, 2007.

Q.21. Write a note on equality in Indian democracy.

The Indian constitution recognises all persons as equals. This means that every individual in the country irrespective of his/her caste, religion, educational and economic backgrounds is recognised as equal. Although, inequality still exists in the country, yet the principle of the equality of all persons is recognised. While earlier no law existed to protect people from discrimination and ill-treatment now there are several that work to see that people are treated with dignity.

Q.22. Name the Fundamental Right under which each of the following right falls: Abolition of untouchability.

Right to equality.

Q.23. Defines Article 19(1)?

Article 19(1) says that every citizen has Freedom of speech and expression.
Right to Information is a part of Fundamental right under Article 19(1) of the Constitution.

Q.24. Define Freedom of Information Act ? 

Freedom of Information refers to a citizens right to access information that is held by the state, this act was amended in 1996 to include the Electronic Freedom of Information Act, which states the government agencies must make certain types of records electronically available to the public.

Q.25. Can PIO refers to give me Information?

A PIO (public Information officer ) can refer information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from Foreign governments, information prejudicial  to security, strategic, scientific or economic interest of the country. breach of privilege of legislators etc.

Q.26. The time limit to get the RTI Act is ____.

30 days: The time limit for getting a response to your RTI inquiry from the concerned Public Information officer (PID) is generally 30 days.

Q.27. Write a short note. 

Protection of Human Rights Act.
In 1993, Protection of Human Rights Act was enacted to prevent injustice to men and women. The National Human Rights Commission was also formed for this purpose. In some States, the State Human Rights Commission was also formed on the same lines. This law which deals with collective oppression, the social conditions of divorced women, women and secure work places, played an effective role in mitigating injustice to womens.

Q.28. Explain the objectives of right to information, explain the process of obtaining information.

The Right to Information Act was enacted by the Government of India on 15th June, 2005. Its objectives are as follows:
(i) To ensure transparent, clean and simple administration operations.
(ii) To seek co-operation of people to bring about transparency in administration.
(iii) To enable people to seek information/ proper reply about their pending work.
(iv) To seek information about various schemes and related aspects.

The process for obtaining information is as follows:
(i) The applicant has to pay a fixed fee of 20/- in cash/postal order/ pay order/- affixing non-judicial stamp along with the application. The BPL families have been exempted from the payment of fee. The application may be handwritten or typed and signed by the applicant.
(ii) This can be also e-mailed to the concerned department. Applicant has to pay charges per page for the copy of document. Applications are received by the Assistant Public Information Officer (APIO) who issues receipt/acknowledgment after putting serial ID number on the application.
(iii) ID number has to be mentioned in the subsequent correspondence. The APIO is required to give reply within 30 days from the date of receiving application. The APIO may refuse to give information on the specified matters such as those related with national security. In case the APIO does not furnish information within 30 days, the applicant can approach Public Information Officer (PIO) with 30 days of rejection.
(iv) For the appeal, the applicants are not required to pay any fees. In case the information does not come, the applicant can make an appeal to the Chief Information Officer of the state within 90 days.

Q.29. Explain Child development is a pre-condition for economic development.

Child development and child welfare is a pre-condition of social development because,

(i) The progress of any nation depends on the overall development of the children.

(ii) When children are protected, looked after and educated, they will become good citizens and will contribute to the well-being of the family progress of society and development of the nation.

(iii) Children are the property of the nation. Their upbringing and development needs proper care by the family and society for the future, of the nation.

Q.30. State the main seven provisions for right to free and compulsory education.

Main seven provisions for right to free and compulsory education are:

(i) According to this law every child between the age group of 6 to 14 should get admission in the school close to his locality. Children who do not have birth certificate as age proof cannot be refused admission in the school by anybody.

(ii) Although the child may have attained 14 years of age and if he has not completed primary education, in such cases he could be imparted free education. At the time of admission, the age of the child should be 6 years and if he doesn't have birth certificate, then hospital records, age related affidavit of parents should be taken as age proof for admission.

(iii) All the students should be given admission without discrimination.

(iv) Any kind of fees like capitation fees, admission fees or any other type of deposit can not be taken.

(v) At the time of admission, interviews of children or parents should not be taken. Admission should not be given on the basis of income or educational qualification or capabilities of parents, any kind of admission test of parents should not be taken.

(vi) For the education of children of age 3 to 5 years a revolutionary step has been taken for the first time, by taking nursery under the law and making rules for special training of pre-school teachers, their courses, curriculum and evaluation.

(vii) For the education of children of age 3 to 5 years a revolutionary step has been taken for the first time, by taking nursery under the law and making rules for special training of pre-school teachers, their courses, curriculum and evaluation.

Q.31. Why is it necessary to have general knowledge about laws?

It is very much essential to have general knowledge, information and understanding of law because,

(i) People are saved from doing crime and thus saved from punishment, conviction etc., if they have general knowledge and education regarding law.
(ii) They can get guidance regarding exploitation and legal steps which could be taken against injustice.

(iii) They can enjoy constitutional rights protect individual interests and may flourish himself.

(iv) They can become informed about various legal provisions that have been made for their protection and flourishment.

(v) His loyalty towards society, state and nation increases.

(vi) So that he may contribute in formation of society, he is not deprived of his right as a citizen and is able to perform his duties.

(vii) If everybody has proper knowledge of laws, they can lead a life of esteem and pride. Thus, it is essential to have knowledge and understanding of laws. Thus, it is essential to have knowledge and understanding of laws.

Q.32. How do you think the Right to Constitutional Remedies connects to the idea of judicial review?

The Right to Constitutional Remedies allows an Indian citizen to move the court if he feels that any of his or her Fundamental Rights has been violated by the State. As the final interpreter of the Constitution, the judiciary has the power to review or even strike down any particular law passed by the Parliament if it believes that this law violates the basic structure of the constitution, which is called judicial review. In this way we find that the Right to Constitutional Remedies given in the Fundamental Rights is directly connected and supported by the idea of judicial review.