Democratic Rights

Three cases of denial of rights highlight the importance of rights.

The Human Rights were violated
1. In Guantanamo Bay by the US
-After the terrorist attack on New York on 11th Sept 2001,US secretly picked up 600 people
and put them in the Guantanamo Bay (an area near Cubs controlled by American Navy)
-The American Govt said that they were the enemies of the US and linked with the terror
attack on New York.They captured them and tortured them.
-In most cases Govts of their countries were not asked or informed about their imprisonment
-There was no trial before any magistrate in the US
Nor could these prisoners approach courts in their own country
-Families of prisoners,media representatives were not allowed to meet them
-Prisoners were not not released even after they were officially declared not guilty

Which of the rights of the prisoners in Guantanamo Bay violated

-Right of freedom -Families of prisoners,media or UN representatives were not allowed to
meet them
-Right to free & fair trial-There was no trial before any magistrate in the US.Nor could these
prisoners approach courts in their own country
-Right to Human Rights-The prisoners were captured and tortured
-Right to life and liberty-Prisoners were not not released even after they were officially
declared not guilty

2.Saudi Arabia.
Position of citizens with regard to their Govt in Saudi Arabia
1.Hereditary King-People have no role in electing or changing the rulers
King has all the powers-The King selects the legislature as well as the executive
He appoints the judges and can also change their decisions
Ban on formation of political.parties-Citizens cannot form political parties or organisations
Media cannot report anything that the monarch does not like
No freedom of religion -Every citizen is required to be a Muslim.Non Muslims can follow
their religion in private only
Position of women-Women are subjected to many restrictions.The testimony of one man is
considered equal to that of two women

Rights denied in Saudi Arabia

-Right to choose rulers
-Freedom of press
-Freedom of expression
-Freedom of Religion
-Right to Equality

3. Kosovo
Kosovo wax a part of Yugoslavia before split
-It's population was ethnic Albanians but Serbs in the country were in majority
-When Milosevic formed the Government,he was hostile to the Albanians
-He asked the Albanians to leave the country or accept the dominance of the Serbs
-This led to to massacre in Kosovo carried by the army of the country

Ethnic group-is a group whose members identify with each other on the basis of common
ancestry
-They are united by by cultural practices,religious beliefs and historical memories

Rights in a Democracy
What are Rights?
-.Rights are claims of a person over other fellow beings, society and over the government.
They are recognized by society and sanctioned by law
Significance/Importance of Rights
-They are important for the all development of an individual
- Rights sustain a democracy.They give to every citizen a right to vote,right to be elected to
government,to express their views freely & form parties
-They protect the minorities from the oppression of majority
-They limit the powers of the Govt
-Rights are guarantees when things go wrong.

Rights guaranteed in the Indian Constitution

The Indian Constitution has given us six Fundamental Rights. They are the basic features of
India’s Constitution.

Fundamental Rights are:

Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies.

Right to Equality:
-It grants equality to all its citizens in the eyes of law. The same rule applies to every citizen
-No discrimination can be made against any citizen on grounds of birth, caste, religion and
gender.
-No body can be denied access to public places like temples,parks etc
-Untouchability is made a punishable offence.
-Abolition of titles
-Equal opportunity in appointment to Govt jobs
Exception tof Right to Equality
-Protective Discrimination
Reservations for Scheduled class and Scheduled Tribes and Other Backward Classes
Protective Discrimination does not violate Right to Equality because-
-These sections (SC,ST&OBCs)had been deprived of opportunities of education and
economic progress for a long time
-So to speed up their Integration with the society and bring them at par with others the
Reservations have been given to them

Right to Freedom: It grants

-freedom of speech and expression.The right gives freedom of expression but one can’t use
this freedom to instigate violence against others.
-Freedom to assemble in a peaceful manner, –People can meet to discuss or for exchange
of ideas. They should take care not to lead to any public disorder.
-Freedom to form associations,
-Freedom to move freely in any part of the country,
-Freedom to reside in any part of the country and
-Freedom to practise any profession, carry out any occupation or trade.
Exception to Right to Freedom
-Preventive Detention if any person is seen as a threat to the national security he can be
arrested

How Constitution ensures that no person is deprived of life and personal liberty?
-No person can be be killed unless the court has ordered a death sentence
-Police can only arrest or detain any citizen unless there is a legal justification
What are the safeguards for a person's life or personal liberty if he is arrested-
-A person arrested has to be told the reason of his arrest or Detention
-A person arrested shall be produced before
the magistrate within the period of 24 hours of arrest
-Such a person has the right to engage a lawyer for his defence

Right against Exploitation: The constitution prohibits'

(i) “traffic in human beings”(i.e buying and selling of human beings)
(ii) Prohibits forced labour or begar and
(iii) prohibits child labour.

Difference b/w Begar & Bonded labour

Begar- worker is forced to render services without payment
Bonded labour-when begar takes place on life long basis

Right to Freedom of Religion:/India is a Secular State

-There is no official state religion in India.
-All religions are given equal respect.
-Every person has a right to profess, practice and propagate his own religion.
-There is no discrimination on the basis of Religion
-No religious teachings are imparted in the Govt run institutions
-The Govt does not finance any religious activity

Cultural and Educational Rights: Minorities have the right to conserve their language and
culture.
-They have the right to establish their own educational institutions.
-Admission to any govt institutions cannot be denied on the grounds of religion and language

Right to Constitutional Remedies:

Dr. Ambedkar called this right as the ‘heart and soul ‘ of our constitution.Explain
-If a citizen’s fundamental rights are violated or taken away by any individual action or law of
the Govt, the citizen can seek remedy through courts.
-He can approach the Supreme Court or High Court of the State
-The court issues writs which are directions to the Govt for the enforcement of the
fundamental rights
-Any law or action that limits the Fundamental Rights are declared invalid by the Court
-This is the right that makes all other rights effective.

What is Public Interest Litigation

-Any person can go to the Court against the violation of the fundamental rights if it is of
social or Public Interest.It 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 the public interest

National Human Rights Commission

-It's main work is to focus on human rights and help the victims, whose rights are violated.
-National Human Rights Commission makes independent enquiry into cases of violation of
human rights
-The commission presents it's findings to the government or in the court on behalf of the
victims
-It has wide powers,can summon witnesses,question government officials, demand any
official paper or visit any prison for inspection
-This is an independent Commission set up by law in 1993

Amnesty International
-An international organisation of volunteers who campaign for human rights
-This organisation brings out independent reports on violation of human rights all over the
world

Expanding Scope of Rights

Scope of Rights has been expanding and new rights are evolving
Examples :
(e g India)
(i) Right to education has become a right for Indian citizens.
(ii) RTI Right to seek information from government offices has been added
(iii) Supreme Court has expanded the meaning of the right to life to include the right to food.

The South African Constitution Guarantees many new rights

-Right to privacy
-Right to a clean Environment
-Adequate housing,
-Right to access to health care,
-Sufficient food and water.
-No one can be refused emergency medical treatment

International Covenant on Economic, Social and Cultural Rights

This international covenant recognizes many rights. Examples
-Right to work
-Right to safe and healthy environment
-Right to adequate standard of living
-Right to social security and insurance
-Right to health and medical care, etc.