Democratic Rights

Class 9th - Civics
Democratic Rights
Full Chapter Explanation
Class 9th - Civics - Democratic Rights - Full Chapter Explanation
Introduction
Essence of the Democratic Politics -I
Till Now What’s Now
Democracy, constitution, Election,

Citizens and their Rights
Institution and their Working.
True Democracy = Democratic Government respecting the rights of Individuals.

What we are going to study in this chapter?
● Case studies of Guantanamo Bay, Saudi Arabia and Kosovo.
● Rights in a Democracy.
➢ Why do we need rights in a democracy
● Rights in the Indian Constitution
➢ Right to Equality, Freedom, against Exploitation, Freedom of Religion, Cultural and

Educational
➢ How can we secure these rights?
● Expanding scope of rights

Prison in Guantanamo Bay
Why are we studying this?
What happened here?

The Story
➔ About 600 people secretly picked up by the U.S. forces from all over the world were
kept in a prison Guantanamo Bay.
● Argument of U.S. government was that they were enemies of U.S. and linked
to the attack on New York on 11 september 2001.
● Arrest was without any information or notice, their families also did not knew
about that.
● No one was allowed to meet the prisoners, there was no trial before any
magistrate.
➔ This was the clear case of infringement of Fundamental Rights.

● Amnesty International worked over this and highlighted the issue.
● U.N. secretary General said that the Prison should be closed down.
● U.S. government refuse to accept these pleas.
Attack on U.S. 9/11

Prisoners suffering in Guantanamo Bay

Citizen Rights in Saudi Arabia

The Story
❖ Case of Saudi Arabia and Position of the citizen with regard to their government.
➢ Rule of hereditary king, people have no rule in electing or changing their ruler.
➢ King selects the Legislature, executive and judiciary.
➢ Citizens cannot form political parties and media is also not free.
➢ No freedom of religion.
➢ Condition of women is worst.
■ Subject to many restrictions.
■ The testimony of one man is considered equal to that of two women.
Subject to many restrictions
Monarch of Saudi Arabia

Ethnic Massacre in Kosovo
● Kosovo was province of Yugoslavia, the population

composition of the province was majority Albanians but
in country Serbs were in majority.
● Narrow minded Serbs nationalist leader Milosevic won
the election.
● Hostile towards Albanians of Kosovo.
Milosevic
○ They had a viewpoint that Albanians should
either leave the country or accept the dominance
of the Serbs.
How?
❖ Story of an Albanian Family in a town in Kosovo.

➢ There was a massacre of Albanians carried out by the army of their own country.
➢ All this was happening under the leadership of a democratically elected leader.
What lesson do we get from all this?
➔ Infringement of rights can happen anywhere and by anyone.

➔ Case in Guantanamo Bay, Saudi Arabia and Kosovo.
Rights in a Democracy
➔ Relation of Rights and Democracy.
➔ Assurance, not only on paper but in reality. Where at least a minimum is guaranteed to
everyone. Basic spirit of rights
❖ How can we define it?

❖ What are rights?
“Rights are reasonable claims of a person recognized by society and sanctioned by laws”.
Why do we need Rights in a Democracy ?
Rights in Democracy
● Sustenance of democracy ● Rights protect minorities from ● Rights protect citizens against
depends on rights. the oppression of majority. the government also.
○ Right to vote
○ Right to express ● Sometime elected government
○ Right to form Rights ensure that majority may also attack the rights of
political parties cannot do whatever it likes. their own citizens.e.g. Kosovo
∴ Some rights need to be placed

higher than government.
❖ If we go by the defination. Rights are “... Sanctioned by law”
Rights are mentioned in the constitution.
∴ We respect them.
Some rights are fundamental to our life are given special

status. They are called as Fundamental Rights.
Right to Equality
The concept of rule of law.
● Law applies in the same manner to all, it means that no person is above the law.
● All citizens are subject to same law. e.g. Prime Minister facing trail.
Right to Equality
● Under right to equality government should not discriminate against any citizen on ground only of
religion, race, caste, sex or place of birth.
● Every citizen shall have equal access to public places like shops, restaurants, hotels, and cinema
halls and there shall be no restrictions with regard to their use.
● Equality should be there in case of public jobs.
● Banning the practice of untouchability.
Then why government
gives reservation.
Are Reservation Against the Right to Equality
❖ No, they are not. Justify
● Equality doesn’t mean giving everyone the same treatment. Sometimes it is necessary to
give special treatment to someone in order to ensure equal opportunity.
● “Equals should be treated equally and unequal should be treated unequally”.

∴ We can say that reservation of this kind is not a violation of the Right to equality.
Right to Freedom
● Freedom means absence of constraints. By whom?
Be it individual or the governments.

● Under Indian Constitution all citizens have 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.
● Right to freedom comes with some Reasonable Restrictions.
○ Freedom is not unlimited licence to do what one want. Your freedom should not cause
public nuisance or disorder.
∴ To protect larger interests of the society, government can impose certain Reasonable Restrictions.
Freedom of speech and expression

❖ Everyone’s idea of thinking is different and he/she should have the freedom to express them.
❖ You may disagree with a policy of government or activities of an association and you are free
to Criticise them.
How?
One may publicise his/her views through a pamphlet, magazine or newspaper etc.
Reasonable Restrictions
1. Freedom of speech and expression
Reasonable Restrictions
❖ While exercising freedom of speech and expression you cannot use this freedom to instigate
violence against others.
❖ You cannot use it to incite people to rebel against government.
❖ Neither can you use it to defame others by saying false and mean things that cause damage to
a person’s reputation.
2. Citizens have the freedom to hold meetings, Processions, rallies and

demonstrations on any issue
❖ Citizen opt for this mechanism to discuss a problem, exchange ideas mobilise public support on to
seek votes.
❖ Such meetings, demonstrations should be peaceful.
➢ People should not carry weapon with them. Why?
Laws and order should be maintained.

❖ Can anyone form organisations.
➢ Yes it is the freedom of every individual to form organisations.
e.g. Workers in factory, citizen at various level against corruption, pollution etc.
3. Freedom to travel to any part of the country.
❖ Citizens are free to reside and settle in any part of territory of India.
Then what’s the problem with north eastern Reasonable

states, parts of Andaman Nicobar etc. Restrictions
❖ Enjoying this right, people migrate from village to towns, poorer regions
to the prosperous regions.
❖ Same freedom extends to the choice of occupations.
4. Citizens have the freedom to hold meetings, Processions, rallies and

demonstrations on any issue
❖ No person can be deprived of his life or personal liberty except according to the procedure
established by law. Order of Courts.
❖ Rights during detention or arrest by police.

➢ Government or police officer cannot arrest or detain any citizen unless he has proper
legal justification.
❖ Government or police has to follow some procedure while arresting someone.

➢ Inform the reason for arrest and detention to a person for that.
➢ The Arrested person shall be produced before the magistrate within a period of 24
hours of arrest.
➢ Arrested person has a right to consult a lawyer or engage a lawyer for his/her defence.
Right against Exploitation
❖ Right to equality and liberty explains that no one should be exploited.
Yet the constitution makers thought it was necessary to write down certain clear provisions to
prevent exploitation of the weaker section of the society.
Prohibition of Traffic Prohibition of forced

Prohibition of child labour
in human beings labour and begar
● Traffic means selling and ● A practice where the worker ● Children below the age of
buying of human beings. is forced to render service for 14 cannot be employed in
free or at nominal a factory or mine or in any
● Usually women for Immoral
remuneration. other hazardous work.
purpose.
● Bonded labour [If performed
on life long basis ]
Human Trafficking Bonded labour Child Labour

Right to Freedom of Religion
❖ Right to freedom include right to freedom of religion as well.

❖ Constitution say that India is a secular state.
Indian Secularism
Practices an attitude of a principled and equal distance from all religion.
❖ Every citizen has a right to profess, practice and propagate the religion of his/her choice.
➢ A person is free to change religion on his or her own will.
● But no one should compel another person to convert. [By force, fraud inducement or allurement]
❖ Under the freedom to practice religion one can not do whatever he/she wants.
E.g. Sacrifice animals or humans, discrimination with women.
❖ Government’s work on being secular.

➢ No favour and no discrimination toward any religion.
➢ No religious instructions in government educational institutions.
➢ What about private educational institutions. = No person shall be compelled.
Cultural and Educational Rights
❖ Constitution specifies the cultural and educational rights of the minorities.
Why always minorities?
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 [In relative terms] have the right to establish and administer educational
institution of their choice.
How can we secure these right?
❖ Why fundamental Rights are called so? What makes them so important?
➢ Because of the Enforceable nature of fundamental rights, they are so important.
We can say seek enforcement of fundamental rights in

case of their violation.
Right to seek constitution remedies.

[Seeking enforcement itself is a fundamental right]
❖ In case of the violation of the fundamental right we can seek remedy through courts.
➢ We can directly approach the supreme court or the high court in the case of violation of
fundamental rights.
❖ Dr. Ambedkar called the right to constitutional remedies as

‘The heart and the Soul’ of our constitution.
❖ Fundamental rights are guaranteed against whom?

➢ Actions of Legislatures, the executive and authorities
connected with government. Courts also enforce the
Fundamental rights against private individual and bodies.
❖ Courts issue direction order or writs for enforcement of

fundamental rights.
❖ PIL [Public Interest Litigation] as a right to constitutional remedies.

Expanding Scope of rights
❖ Rights Fundamental Rights Wide range of Rights [Expanding].
❖ Expansion take place in the name of Human Rights.

● Courts gave judgement to
expand the scope of rights.
➔ Universal moral claim that may or may not have been e.g. Freedom of press, Right to
recognised by law. information, Right to
education.
➔ But with the expansion of democracy there is greater [Considered as Legal Rights]
pressure on government to accept these claims.
❖ Some international covenants have also contributed
to the expansion of rights.
E.g. ICCPR
International Covenant on Economic, Social and Cultural Rights
This international covenant recognises many rights that are not directly a part of the Fundamental
Rights in the Indian Constitution. This has not yet become an international treaty. But human right
activists all over the world see this as a standard of human rights. These include:
● Right to work: opportunity to everyone to earn livelihood by working
● Right to safe and healthy working conditions, fair wages that can provide decent standard of
living for the workers and their families
● Right adequate standard of living including adequate food, clothing and housing
● Right to social security and insurance
● Right to health: medical care during illness, special care for women during childbirth and
prevention of epidemics
● Right to education: free and compulsory primary education, equal access to higher education.

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Class 9th - Civics

Essence of the Democratic Politics -I

Till Now What’s Now

Democracy, constitution, Election,

True Democracy = Democratic Government respecting the rights of Individuals.

What we are going to study in this chapter?

● Case studies of Guantanamo Bay, Saudi Arabia and Kosovo.

➢ Why do we need rights in a democracy

● Rights in the Indian Constitution

➢ Right to Equality, Freedom, against Exploitation, Freedom of Religion, Cultural and

➢ How can we secure these rights?

● Expanding scope of rights

Prison in Guantanamo Bay

Why are we studying this?

What happened here?

➔ This was the clear case of infringement of Fundamental Rights.

Attack on U.S. 9/11

Prisoners suffering in Guantanamo Bay

Citizen Rights in Saudi Arabia

Subject to many restrictions

Monarch of Saudi Arabia

Ethnic Massacre in Kosovo

● Kosovo was province of Yugoslavia, the population

❖ Story of an Albanian Family in a town in Kosovo.

What lesson do we get from all this?

➔ Infringement of rights can happen anywhere and by anyone.

➔ Relation of Rights and Democracy.

❖ How can we define it?

Why do we need Rights in a Democracy ?

∴ Some rights need to be placed

❖ If we go by the defination. Rights are “... Sanctioned by law”

Rights are mentioned in the constitution.

Some rights are fundamental to our life are given special

The concept of rule of law.

Are Reservation Against the Right to Equality

❖ No, they are not. Justify

● “Equals should be treated equally and unequal should be treated unequally”.

● Freedom means absence of constraints. By whom?

Be it individual or the governments.

Freedom of speech and expression

1. Freedom of speech and expression

2. Citizens have the freedom to hold meetings, Processions, rallies and

Laws and order should be maintained.

3. Freedom to travel to any part of the country.

Then what’s the problem with north eastern Reasonable

4. Citizens have the freedom to hold meetings, Processions, rallies and

❖ Rights during detention or arrest by police.

❖ Government or police has to follow some procedure while arresting someone.

Right against Exploitation

❖ Right to equality and liberty explains that no one should be exploited.

Prohibition of Traffic Prohibition of forced

Human Trafficking Bonded labour Child Labour

Right to Freedom of Religion

❖ Right to freedom include right to freedom of religion as well.

Practices an attitude of a principled and equal distance from all religion.

❖ Government’s work on being secular.

Cultural and Educational Rights

❖ Constitution specifies the cultural and educational rights of the minorities.

Why always minorities?