Chapter 5 Democratic Rights

Overview

This chapter explains the significance of rights in a democracy, illustrating the consequences of their absence through examples like Guantanamo Bay, Saudi Arabia, and Kosovo. It defines rights as society-recognized and legally sanctioned claims essential for citizens' dignity, freedom, and participation. The chapter details the Fundamental Rights enshrined in the Indian Constitution – Right to Equality, Freedom, against Exploitation, Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies – explaining their scope and importance. It also discusses how these rights are enforced and how their scope has expanded over time, emphasizing the role of courts and public activism.

Life Without Rights

The absence of rights leads to severe human rights violations and injustices:

• Prison in Guantanamo Bay: The US detained individuals without trial, access to legal counsel, or adherence to international human rights standards, leading to allegations of torture and prolonged arbitrary detention.
• Citizens’ Rights in Saudi Arabia: This absolute monarchy restricts citizens' political participation, freedom of speech, religion, and subjects women to significant public discrimination, demonstrating life without basic democratic rights.
• Ethnic Massacre in Kosovo: Under Serbian nationalist leader Milosevic, ethnic Albanians faced persecution, expulsion, and violence, showing how even elected leaders can orchestrate state-sponsored atrocities against minorities, highlighting the need for rights guarantees beyond elections.

Rights In A Democracy

Rights are recognized and legally protected claims that individuals make on society and the government. They are essential for ensuring citizens' dignity, freedom, and equal participation in democracy. Rights are reasonable, universally applicable (equally to all), and backed by law, making them enforceable.

What Are Rights?

Rights are claims that are recognized by society and sanctioned by law. They must be reasonable and equally available to others. They come with an obligation to respect the rights of fellow citizens and the society.

Why Do We Need Rights In A Democracy?

Rights are fundamental to democracy because they:

• Enable citizens to participate in political life (voting, contesting elections).
• Protect minorities from the tyranny of the majority.
• Provide guarantees that can be invoked when rights are violated, ensuring accountability.
• Ensure the government operates within limits and respects citizens' freedoms.

Fundamental Rights, enshrined in the Constitution, are especially important as they are placed above the government, providing a safeguard against arbitrary actions.

Rights In The Indian Constitution

The Indian Constitution guarantees six Fundamental Rights:

• Right to Equality: Ensures equality before the law, prohibits discrimination based on religion, race, caste, sex, or place of birth, and guarantees equal access to public places and employment opportunities. Reasonable classifications, like job reservations for backward classes, are permitted to ensure equal opportunity. It also prohibits untouchability.
• Right to Freedom: Guarantees freedoms such as speech and expression, peaceful assembly, forming associations, moving freely, residing anywhere in India, and practicing any profession. These freedoms are subject to reasonable restrictions in the interest of public order, security, and the rights of others. It also protects personal liberty and life against arbitrary actions.
• Right Against Exploitation: Prohibits human trafficking, forced labor ('begar'), and child labor in hazardous occupations for children below 14 years.
• Right to Freedom of Religion: Guarantees religious freedom, including the right to profess, practice, and propagate religion, manage religious affairs, and guarantees secularism by ensuring the state's neutrality towards all religions.
• Cultural and Educational Rights: Protects the rights of minorities to conserve their distinct language, script, and culture, and to establish educational institutions.
• Right to Constitutional Remedies: This is the right to seek enforcement of Fundamental Rights by approaching the Supreme Court or High Courts. It empowers citizens to seek justice against violations by the state or private individuals, making it the 'heart and soul' of the Constitution.

Expanding Scope Of Rights

The scope of rights is not static; it has expanded over time through judicial interpretations and legislative actions. Rights like the freedom of the press, right to information, and right to education have evolved. The Supreme Court has broadened the interpretation of the Right to Life to include the right to food and dignity. Additionally, international human rights covenants influence the recognition and demand for new rights, such as the right to work, health, adequate housing, and privacy.

Exercises

The exercises prompt students to identify violations of rights in various scenarios, connect specific rights to constitutional provisions, differentiate between rights, explain the importance of securing rights through remedies, and analyze the expansion of rights. They also encourage practical activities like writing letters or petitions regarding rights violations and creating a newspaper illustrating the importance of democratic rights.