DEMOCRATIC RIGHTS 9 (NCERT) NOTES

 

DEMOCRATIC RIGHTS

5.1 LIFE WITHOUT RIGHTS

Prison in Guantanamo Bay: 

Secret Detentions:

About 600 people were secretly picked up by the US forces from all over the world and put in a prison in Guantanamo Bay, an area near Cuba controlled by Amercian Navy.

9/11 Accusations:

• The US government accuses detainees of being linked to the 9/11 attacks.

Ex: Anas’s father, Jamil El-Banna, was among them

• Home countries are not involved or informed about the imprisonment of the accused individuals.

Limited Information Access:

• El-Banna's family learned about his prison in Guantanamo solely through the media.
• Families, media, and UN representatives were denied the opportunity to meet the prisoners.

Legal Absence:

• US army arrested, interrogated, and determined detainee fate without trials.
• No court appearances before US magistrates, and prisoners couldn't approach their own country's courts.

Amnesty International

An international human rights organisation, investigated Guantanamo Bay prisoners’ conditions.

Their report highlighted instances of torture, violating US laws.

Guantanamo Treatment Issues:

1. Denial of Rights: Prisoners denied treatment mandated by international treaties for prisoners of war.

2. Hunger Strikes: Many prisoners protested against these conditions by going on a hunger strike.

3. Unreleased Despite Acquittal: Some prisoners remained in custody even after being officially declared not guilty.

4. UN Inquiry and Calls for Closure:

• An independent inquiry by the UN supported these findings.
• The UN Secretary General advocated closing Guantanamo, but the US government rejected these appeals.
• The US government refused to accept these pleas.

Citizens’ Rights in Saudi Arabia:

Autocratic Rule: The country is ruled by a hereditary king and the people have no role in electing or changing their rulers.

Centralized Power: King selects legislature, executive, and appoints judges and can change any of their decisions.

Political Restrictions: Citizens can't form political parties or organizations, and Media cannot report anything that the monarch does not like.

Religious Constraints: There is no freedom of religion. Every citizen is required to be Muslim. Non-Muslim residents can follow their religion in private, but not in public.

Gender Inequality: Women are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.

Ethnic Massacre in Kosovo:

Political Tensions: Kosovo, a province in Yugoslavia, had an ethnic Albanian majority in a Serb-majority country.

  

Nationalist Agenda: Milosevic, a Serb nationalist, won elections and pursued policies hostile to Kosovo Albanians.

Forced Dominance: Serb leaders aimed for Serb dominance, pressuring ethnic minorities to leave or accept Serb rule.

Personal Tragedy: In April 1999, elderly Albanian couple, Batisha (74y) and Izet Hoxha (77y), faced brutality from Serbian troops.

  

Heartbreaking Consequences: Soldiers shot Izet, seized belongings, and burned their house, leaving Batisha homeless and widowed. This scenario was common for many Albanians during that period.

Internal Atrocity:

Own Country's Army: Shockingly, the massacre was perpetrated by the country's army, led by a democratically elected leader.

Ethnic Prejudices: Among the worst cases of recent ethnic-based killings, driven by deep-seated prejudices.

International Intervention: Several countries intervened to halt the massacre.

Leadership Change: Milosevic lost power, and the International Court of Justice tried him for crimes against humanity.

5.2 RIGHTS IN A DEMOCRACY

From the above examples:

1. Empathy for Victims: Reflect on the experiences of victims, be it Guantanamo prisoners, Saudi women, or Kosovo Albanians.

2. Desire for Fairness: Wish for a system ensuring security, dignity, and fair play for everyone.

3. Legal Safeguards: Advocate against arbitrary arrests, calling for proper reasons and information.

4. Fair Legal Defense: Support the idea that those arrested should have a fair chance to defend themselves.

5. Reasonable Expectations: Acknowledge the need for reasonable expectations, granting the same to all individuals.

6. Enforcement and Punishment: Emphasize the importance of enforcement and punishment for violators, ensuring assurances are not just on paper.

7. Universal Guarantees: Envision a system guaranteeing a minimum to everyone, irrespective of power, wealth, or majority/minority status.

8. Rights Advocacy Spirit: Embrace the spirit of thinking about rights as a way to secure fundamental assurances for all.

What are rights?

Summarise the important characteristics of rights.

(i) Nature of Rights: Rights are reasonable claim of persons recognised by society.

(i) Obligations and Rights: Rights comes with an obligation to respect other rights.

(iii) Role in Democracy: Rights are necessary for the sustenance of a democracy.

(iv) Fundamental Rights and Meaning: Life and dignity of citizens become meaningless without the fundamental rights.

(v) Universal Applicability: They apply irrespective of one's origin, status or condition or place where one lives.

How far is it correct to say that all claims cannot become rights? Why is it said that rights acquire meaning only in a society ?

(i) Reasonable Claims and Equality: The claims we make should be reasonable.

They should be such that they can be made available to others in an equal measure. Thus, a right comes with an obligation to respect other rights.

(ii) Recognition in Society: Just because we claim something does not become our right. It has to be recognised by the society we live in. Rights acquire meaning only in society.

(iii) Societal Rules and Rightful Recognition: Every society makes certain rules to regulate our conduct. They tell us what is right and what is wrong. What is recognised by the society as rightful becomes the basis of rights. 

(iv) Legal Force of Recognized Claims: When the socially recognised claims are written into law they acquire real force. Otherwise they remain merely as natural or moral rights.

Rights are necessary for the sustenance of a democracy. Explain. Or

Why do we need rights in a democracy?

(i) In a democracy all the citizens enjoy the right to vote.

(ii) Fundamental Rights provide the conditions which are essential for the development of the inherent qualities in man and to secure his all round growth.

(iii) These are necessary to preserve human dignity and promote social progress in an atmosphere of freedom.

(iv) These provide civil liberties, without which democracy cannot be even conceived.

(v) These are a significant check on the arbitrary use of power by the government.

(vi) Rights protect minorities from the oppression of the majority.

5.3 RIGHTS IN THE INDIAN CONSTITUTION

Explain the reason for calling some rights as fundamental rights.

(i) Fundamental means basic or in other words

it is the bare minimum rights required for any citizen to grow or to reach his maximum growth potential physically, culturally, economically, etc.

(ii) These rights are unavoidably essential for complete growth of an individual's personality, and in absence of these moral and spiritual developments of individual are not possible.

(iii) They are called as Fundamental rights because they are 'basic laws' of a nation.

These rights are explained in Constitution and changing governments cannot play with them according to their whims.

(iv) The fundamental rights are inevitable and executive as well as legislature cannot play with them and they have provide due respect to them.

(v) These rights are judiciable and are protected by courts in any case of violation.

What are the chief characteristics of the Fundamental Rights ?

(i) Universal : These rights are universal means they are for all the citizens of India without any discrimination.

(ii) Restrictions : Our rights are not absolute.

These are certain restrictions imposed on each of them.

(iii) Justiciable : Fundamental Rights are justiciable means citizens can move to the court if any individual or Government is violating his/her rights.

(iv) Comprehensive : These rights have a comprehensive approach. They tend to safeguard our social, economic, cultural and religious interests.

(v) Suspendable : These rights can be suspended in the event of National Emergency.

(vi) Base of the democracy: These rights are considered the base of our democracy.

Right to Equality 

Equality Before the Law: The Constitution ensures that all individuals in India are treated equally under the law, regardless of their status.

Rule of Law: This principle, fundamental to democracy, means that no one, not even political leaders or government officials, is exempt from the law's reach.

Application in Democracy: The rule of law forms the bedrock of democracy, ensuring that laws are applied uniformly to everyone.

1. Equal Treatment: Every citizen, regardless of their status, is subject to the same laws.

2. No Special Privileges: No one can claim special treatment due to their importance. For instance, a former Prime Minister faced a court case like any other citizen.

3. Right to Equality Implications: The Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth. It ensures access to public places and resources for all citizens, overcoming historical barriers like the caste system.

4. Equality in Public Jobs: All citizens have an equal chance for government jobs, without discrimination based on certain criteria.

• Reservations for Marginalized Groups: The government provides reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, along with schemes for women, the poor, and the physically handicapped.

5. Equal Opportunity, Not Equal Treatment: The Constitution clarifies that these reservations don't contradict equality. Instead, they ensure equal opportunities, recognizing that sometimes special treatment is needed for this purpose.

6. Abolish Untouchability:

Non-Discrimination in Social Life: The Constitution condemns practices like untouchability, directing the government to end them.

Untouchability Defined: Untouchability isn't just about physical contact; it includes any social practice that discriminates based on caste, denying equal access to public places.

Constitutional Prohibition: The Constitution makes untouchability a punishable offense, aiming to eradicate it in all forms.

Many Forms of Untouchability In 1999, P. Sainath wrote a series of newsreports in The Hindu describing untouchability and caste discrimination that was still being practiced against Dalits or persons belonging to Scheduled Castes. He travelled to various parts of the coun- try and found that in many places: Tea stalls kept two kinds of cups, one for Dalits one for others; Barbers refused to serve dalit clients; Dalit students were made to sit separately in the classroom or drink water from separate picher; Dalit grooms were not allowed to ride a horse in the wedding procession; and Dalits were not allowed to use common handpump or if they did, the handpump was washed to purify it. 1. What did P. Sainath's news reports in The Hindu describe in 1999? a) Political events in India b) Discrimination against Dalits c) Economic reforms in India d) Educational developments in India 2. What were some instances of discrimination against Dalits as reported by P. Sainath? a) Barbers charging higher prices to Dalit clients b) Tea stalls serving separate types of snacks to Dalits c) Dalit students being given priority in classrooms d) Dalit grooms being allowed to ride horses in wedding processions 3. What did P. Sainath's findings reveal about the practice of untouchability in 1999? a) It was no longer prevalent in India b) It was only practiced in urban areas c) It was still being practiced in various forms d) It was limited to certain castes

Right to Freedom

'The Right to Freedom is actually a cluster an of several rights.' Discuss. Or

Right to freedom is a cluster of different freedoms'. Elaborate. 

1. Freedom of speech and expression
2. Assembly in a peaceful manner
3. Form associations and unions
4. Move freely throughout the country
5. Reside in any part of the country, and
6. Practice any profession, or to carry on any occupation, trade or business.

Rights and Responsibilities: Every citizen has the right to freedom, but it shouldn't infringe on others' rights or cause public disruption.

Limits of Freedom: Freedom doesn't mean doing whatever one wants; it should not harm others.

Government Restrictions: The government can impose reasonable limits on freedoms for the greater good of society.

Freedom of speech and expression:

• Crucial for personal development.
• Allows expression of differing views.
• Permits criticism of government and organizations.
• Media platforms include pamphlets, magazines, art.
• Limits: No incitement to violence or defamation.

Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any issue.

• Purpose: Discuss issues, share ideas, seek support, or gather votes.
• Must be peaceful, avoiding public disorder.
• No weapons allowed at these gatherings.
• Right to form associations, like workers' unions or anti-corruption groups.

Freedom to travel to any part of the country:

• Right to reside and work anywhere in India.
• Example: Assamese citizen starting a business in Hyderabad.
• Allows migration for better opportunities.
• Free choice of occupation, regardless of gender or caste.
• No forced occupations based on gender or caste.

Right to Life and Liberty:

• Protection from deprivation of life or personal liberty.
• Legal procedures required for any deprivation.
• It means that no person can be killed unless the court has ordered a death sentence.
• It also means that a government or police officer cannot arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures:
• A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
• A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest. 
• Such a person has the right to consult a lawyer or engage a lawyer for his defence.

Right against Exploitation:     

Explain the Right against Exploitation. Or

Mention the provisions of Fundamental

Right against exploitation.

(i) Prohibition of Traffic in Human Beings

and Forced Labour : Under this traffic in human beings and "begar" or any other form of forced labour is prohibited. This means that sale and purchase of women, men and children and making a person work against their will without payment is banned.

(ii) Prohibition of Employment of Children in Factories: No child below the age of 14 years shall be employed in a factory or mine and in other hazardous work. Thus child labour is banned, because this is considered as an exploitation, and as such it is illegal.

Right to Freedom of Religion:

Inclusion of Freedom of Religion:The right to freedom in India includes the freedom of religion.

Secular State: India is a secular state where people follow various religions or may not follow any.

Focus of Secularism: Secularism means the state focuses on human relations, not relations between humans and God.

No Official Religion: In a secular state, no religion is established as the official religion.

Equal Treatment of Religions: Indian secularism maintains an equal distance from all religions.

Neutral State: The state is required to be neutral and impartial in dealing with all religions.

Profess, Practice, and Propagate Religion: Every person has the right to profess, practice, and propagate the religion they believe in.

Religious Group Autonomy: Each religious group or sect is free to manage its religious affairs.

Limits on Propagation: The right to propagate one’s religion doesn't include the right to force, fraud, inducement or allurement, others to convert. 

Freedom to Change Religion: Individuals are free to change their religion voluntarily.

Limits on Religious Practices: Freedom to practice religion doesn't allow harmful or illegal actions. For example, one cannot sacrifice animals or human beings as offerings to supernatural forces or gods.

Gender Equality: Practices that discriminate against women or limit their freedom are not permitted. For example, forcing a widow to shave her head or wear specific clothes is not allowed.

Secular State Definition: A secular state doesn't favor any religion or discriminate based on religion.

Taxation and Religion: The government cannot force anyone to pay taxes for promoting or maintaining any specific religion or religious institution.

Religious Instruction in Government Schools: Government educational institutions cannot provide religious instruction.

Freedom from Religious Compulsion: In private educational institutions, no one can be forced to participate in religious instruction or religious worship.