ors 7. Democratic Rights Life without Rights Prison in Guantanamo Bay The US forces secretly picked up about 600 people whom they suspected of having links to the horrific 9/11 attacks in New York. They were imprisoned in Guantanamo Bay, near Cuba. A report by Amnesty International informed that suspects were brutally mistreated, so much so that it violated the US laws. Prisoners were not even produced before a magistrate for trial. They were not allowed to approach any courts or seek any legal help. The prisoners were denied basic treatment given even to prisoners of war. Protests by the prisoners broke out and some even threatened to go on hunger strikes. Their release also was not accepted even after being declared not guilty. Citizens’ Rights in Saudi Arabia Saudi Arabia, which follows an absolute monarchy, is led by a king. The king's power allows him to choose his executive, legislature and judiciary. Unless one is a Muslim, one cannot practise one's own religion in public. Media reports, which are not in favour of the king, are prohibited from being reported. ‘These instances of breach of rights are not only prevalent in Saudi Arabia, but also in many parts of the world. Ethnic Massacre in Kososvo Kosovo, a small province in Yugoslavia, comprised majorly of ethnic Albanians. The rest of Yugoslavia comprised of the Serbian majority. Milosevic, a Serb nationalist, came to power and wanted the Albanian minority either to leave the country or be under the Serbian rule. Rights in a Democracy What are rights? Reasonable claims of people that are recognised by society and sanctioned by the law are termed as rights. The following are some of the prerequisites to call a claim a right. + It should be possible for others to accept. + It should not hurt other's sentiments. + It should be applicable to all, considering the benefit for the entire mass. + It should be recognised by society as rightful. Thus, claims that are recognised by the law become enforceable, and any disrespect to these rights is be termed as the violation of rights. Why do we need rights in a democracy? Rights are needed for the proper functioning of a democracy. To express an opinion, form a politicalparty, and organise political activities are basic requirements to hold democratic elections. Rights ensure that the minority is not subjugated by the majority. For this reason, these rights have been written down in the constitution. Rights that are basic to our lives have been termed as Fundamental Rights. These are six in number, and is an important basic feature of the India’s Constitution. Right to Equality The Rule of Law is the foundation of democracy. No person is above law, and no distinction exists between two individuals of the same status or otherwise. This means that a country’s laws are applicable to each individual in the same manner, and no person will be given a privilege because of his/her social status and economic condition. The Constitution guarantees the citizens of India the equality before law , which states that there will be no discrimination against people on the basis of religion, race, caste, sex or place of birth. Access to all public places will be enjoyed equally by all. The Indian Constitution further guarantees that the citizens will not be discriminated while applying for public jobs on the conditions mentioned above. Right to Freedom Freedom means the absence of restrictions. Our constitution guarantees that the citizens of India have the right to: + freedom of speech and expression + organise 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 carry on any occupation, trade, or business Right against Exploitation With freedom comes its misuse. Thus, the weaker sections of society need to be protected from certain malpractices of society. The Constitution thus has laid down clear provisions to prevent one from being exploited. The following practices are declared illegal by the Constitution of India: + human trafficking + bonded labour + child labour Right to Freedom of Religion India is a secular country. People follow different religions and some may choose not to follow any religion at all. People in India have the right to practise and propagate any religion he/she wishes to. The Constitution also states that no one will be forced to follow any religion in particular,and neither will be forced to attend religious ceremonies at any educational institution that are managed by any private organisation.Cultural and Educational Rights Social evils prevalent in our country supersede the rights that the Constitution has guaranteed. The section most vulnerable to exploitation is the minorities their language, culture and religion. Thus, to protect them, the Constitution of India safeguards the cultural and educational rights of minorities allowing them: + to take admission to any government or government-aided educational institution + to establish educational institutions of their choice + to conserve their rights over their language or culture How can we secure these rights? The Right to Constitutional Remedies, guaranteed by the Constitution of India, is a fundamental right. We can take recourse through the help of a court if our rights are violated by fellow citizens, private bodies, or even by the country's government. If central or state bodies and government organisations like police, banks and electricity boards encroach on individual rights, one can challenge their actions. Writs, or directions by the Supreme Court or the high courts are issued, as well as monetary compensation are given in favour of individuals whose rights have been violated, Expanding the scope of rights Apart from Fundamental Rights, which are basic to one's life, many other rights have been included in the Indian Constitution, which has expanded the scope of rights over the years. Rights such as legal rights, Freedom of the Press, Right to Information and Right to Education though derived from Fundamental Rights, have been directed by the courts to include and expand the scope of rights. Certain rights, which are not categorised as fundamental, are still listed in the Constitution, These are important constitutional rights, and have been included as human rights. The scope of rights have thus been expanding over the years and evolving with time. As new difficulties emerge, so are new rights being made to protect the people. eda QI. 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 bb. 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 Ans. d. Parents’ property is inherited by their children 2. Which of the following freedom is not available to an Indian citizen? a, Freedom to criticise the government b, Freedom to participate in armed revolution ¢. Freedom to start a movement to change the government d. Freedom to oppose the central values of the Constitution Ans. d, Freedom to participate in armed revolutionQs. Ans. Ans. Q5. Ans. Q6. Ans. Qz. Ans. Which of the following rights is available under the Indian Constitution? a. Right to work Right to adequate livelihood Right to protect one’s culture Right to privacy Right to protect one's culture pens Name the Fundamental Right under which each of the following rights falls: Freedom to propagate one's religion Right to life Abolition of untouchability Ban on bonded labour Freedom to propagate one's religion- Right to freedom of religion Right to life- Right to freedom Abolition of untouchability- Right to equality Ban on bonded labour- Right against exploitation ae gesanse 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. ©. Giving rights is good, but it is not necessary for a democracy The most valid statement is a. Every country that is a democracy gives rights to its citizens, Reason: In every democratic country, the government is elected by the people. 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, This statement is justified as the citizens are given protection against their loss of life or property. b. This statement is not justified as it infringes the Right to Freedom of citizens from other . parts of the country.This statement is not justified as it violates the Right to Freedom of Speech and Expression, 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 sweeper's 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. learner-specific answerQ8. 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 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? Ans. learner-specific answer 8. Thousands of tribals and other forest dwellers gathered at Piparia in the Hoshangabad district in Madhya Pradesh to protest against their proposed displacement from the Satpura National Park, Bori Wildlife Sanctuary, and Panchmarhi Wildlife Sanctuary. They argue that such a displacement is an attack on their livelihood and beliefs. The government claims that their displacement is essential for the development of the area and for the protection of wildlife. Write a petition on behalf of the forest dwellers to the NHRC, a response from the government, and a report of the NHRC on this matter. Ans. learner-specific answer Q10. Draw a web interconnecting different rights discussed in this chapter. For example, the 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 one’s 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 the connection between or among different rights. For each arrow, give an example that shows the linkage. Ans. learner-specific answer @ How many Fundamental Rights do we @ Salman Rushdie’s book that has been have? banned in India on the grounds a 5 that itis disrespectful to prophet b 6 Mohammed is . 7 a. Midnight's Children da 8 Haroun and the Sea of Stories b. c. The Moor's Last Sigh d. The Satanic Verses @ Which of the Fundamental Rights is called ‘the heart and soul’ of the Indian Constitution? @ theNational Human Rights Commission a. Right to Equality of India was set up in b. Right to Freedom of Religion a. 1990 c_ Right to Constitutional Remedies b. 1991 d. Cultural and Educational Rights < 1992 d. 1993@ About 600 people were put in a prison in Guantanamo Bay by the a, b. C d. b. Ge d. US forces Japanese forces German forces British forces Saudi Arabia is ruled by parliamentary government absolute monarchy federal government British government What is the foundation of any democracy? a, _ Right to Freedom b. Rule of Law ¢. Right to Vote d. Fundamental Rights @ _ what was the reason given by America for imprisoning people at Guantanamo Bay? a b. They had been caught spying. They were planning to kill the US President, They were planning to set up a communist government in the USA ‘America considered them as enemies and linked them to the attack on New York on 11th September, 2001 @ Amnesty international works for the protection of b. & d. human rights trade unions poor children deprived people @ Which of the following terms is correct for the feature of the Indian constitution stating that no person is above the law? b. ¢ d, State of Law Application of Law Rule of Law Governance by Law Cultural and Educational Rights are safeguarded mainly for b. c d, women minorities children men Who has called the Right to Constitutional Remedies as the heart and soul of the Indian constitution. a b. « d, J.L. Nehru B.R. Ambedkar Mahatma Gandhi Rajendra Prasad Which of these is not a right under the Right to Freedom? a. freedom of speech and expression b. freedom to incite people to rebel against the government . freedom to assemble in a peaceful manner d, freedom to form associations and unions One of the forms of exploitation as mentioned in the constitution is ‘traffic’. What does it mean? a b. c d, transport system buying and selling of human beings buying and selling of goods people crowding in one place@ which of these is not seen as a standard of human rights by the International Covenant ‘on Economic, Social and Cultural Rights? a. right to social security and insurance b. right to health ¢. right to accumulate wealth d. right to adequate standard of living What is the position of women in Saudi Arabia? a, Women are given all the rights. b. Women are given equal status with men Women are subjected to many public restrictions. d. They are offered high positions in Government offices. What is meant by the term ‘writ’? a. written laws b. a formal document containing an order of the court to the government G basic features of the Constitution demand for legal or moral entitlements which a person makes on fellow citizens The government is responsible for providing free and compulsory education to all the children up to the age of a 12years b. 1years < 16 years d. 18 years What was the result of the intervention of other countries to stop the killings of Albanians? a. Milosevic lost power, and was tried for crimes against humanity. b. The other countries were punished by the UN for intruding in another country. © It led to further army action by Milosevic. d. Milosevic raged war against the other countries. @ How was the massacre of Albanians finally stopped? a, The UN ordered for Milosevic's arrest. b. Several countries intervened to stop the massacre. ¢._ The Serbs turned against Milosevic. d. Milosevic reformed himself. Which of the following is not allowed to an Indian citizen? a. the freedom to reside in any part of the country b. the freedom to criticise the government cc. the freedom to participate in an armed rebellion d. the freedom to work in any part of the country What does the term ‘PIL’ stand for? a. Public Interest Legislature b. Public Interest Litigation ¢ Public Information Litigation d. Public Information Legislature Which of the following practices is against the secular philosophy of the country? a, to practice a religion of choice b. to change one’s religion c. to propagate one's religion d. to offer religious instruction in government schools@ ‘four Fundamental Rights are violated, where can we seek the remedy? a. council of ministers b. the parliament c. Election Commission d. either Supreme Court or high courts PERU a kes 1 What was the reason given by America for imprisoning people at Guantanamo Bay? Q2 What was Slobodan Milosevic's attitude towards the Albanians? Q3 — Whatare rights? Q4 What is meant by 'begar’? Q5 Name any two political rights. Q6 — Whatisa secular state? Q7 How many Fundamental Rights does the Indian Constitution provide? Q8 Which body exposed to the world that prisoners at Guantanamo Bay were being tortured in ways that violated the US laws? Q9 What makes any political system democratic? Q.10 According to which Fundamental Right, the public places should be accessible to all the people? Q11 Under which article of the Indian Constitution, is the ‘abolition of untouchability’ mentioned Q.12 What is the full form of NHRC? Q13-_ Who appoints the National Human Rights Commission? Q.14 How was the massacre of Albanians finally stopped? Q15_ What are human rights? Q16 Name the person who wrote a series of news reports in The Hindu, describing untouchability and caste discrimination. Q17 Which Fundamental Right ensures the ban on bonded labour? Q.18 What is the minimum age below which no one can employ a child? Q.19 Mention one charge of human rights violation made by Amnesty International against the USA. Q20 When do the rights become enforceable? Cee Ua ee Q1_—_ Whyare the rights guaranteed by the Indian Constitution called Fundamental Rights? Q2 Mention the restrictions that can be imposed on various forms of freedom granted by the Indian Constitution. Q3 ‘Secularism is based on the idea that the state is concerned only with the relations among human beings.’ Explain Q4 Mention any three rights of a detained person.Qs Q6 Q7 Qs Q9 Q10 Qi Qiz Q13 Q14 Qs eau ltt Qt Q2 Q3 Q4 Qs Q6 Q7 Qs Q9 ‘Right to Freedom comes with some limitations’, Justify this with three suitable examples. Explain in three points why do we need rights in a democracy. What was the background of the ethnic massacre that took place in Kosovo? What are the main features of Right to Equality? 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. Why has the Indian Constitution made untouchability a punishable offence? How can citizens exercise their freedom to hold rallies and demonstrations? What legal procedures have to be followed by a police officer if he arrests or detains any citizen? How is the Right to Equality exercised? What does the constitution specify about the Cultural and Educational Rights of the minorities? How does PIL work? Mention the importance of PIL. What is the position of the citizens in Saudi Arabia with respect to their government? What are Fundamental Rights? How many Fundamental Rights are mentioned in our constitution? Why are they important? Explain briefly the Right to Constitutional remedies. How could this right be enforced? What is the role of International Covenant in the expansion of rights? Explain how the scope of rights has expanded in recent times. State the condition of prisoners according to the report of Amnesty International in Guantanamo Bay. The Right to Constitutional Remedies is called, the heart and soul of the Indian constitution, Mention the reasons of calling it so. Write a short note on the National Human Rights Commission. Why do we need rights in a democracy?