CH 5 DEMOCRATIC RIGHTS

• Living without rights can have severe consequences, as seen in the following examples:
• Prison in Guantanamo Bay:

  • American government detained about 600 people in Guantanamo Bay without due process, claiming they were enemies of the US linked to the 9/11 attack
• Citizens’ Rights in Saudi Arabia:

  • Citizens have no role in electing or changing rulers
  • King selects legislature and executive
  • Citizens cannot form political parties or organizations
  • No freedom of religion
  • Women face public restrictions
• Ethnic Massacre in Kosovo:

  • Milosevic's government in Yugoslavia was hostile to Albanians, wanting Serbs to dominate the country
  • Serb leaders believed ethnic minorities should leave or accept Serb dominance
• Rights in a Democracy:
• Rights are essential in a democracy to ensure happiness, safety, and fair treatment for all individuals
• A right is valid when it is equally possible for others and comes with the obligation to respect others’ rights
• Society's recognition and legal sanctioning determine what is considered a right
• Importance of Rights in a Democracy:
• Rights protect minorities from majority oppression
• Rights serve as guarantees in case of wrongdoing
• Fundamental Rights in the Indian Constitution:
• Right to Constitutional Remedies:

  • Empowers citizens to seek legal recourse for fundamental rights violations
• Right to Equality:

  • Ensures equality before the law and equal protection
  • Prohibits discrimination based on religion, race, caste, sex, or place of birth
  • Grants access to public places and equality of opportunity in employment
• Right to Freedom:

  • Includes freedom of speech, assembly, association, movement, residence, profession, and trade
  • Freedom should not infringe on others’ rights
• Right against Exploitation:

  • Prohibits human trafficking, forced labor, and child labor
• Right to Freedom of Religion:

  • Allows individuals to practice, profess, and propagate their religion
  • India is a secular state with no official religion
• Cultural and Educational Rights:

  • Minority citizens have the right to conserve their language and culture
  • Admission to government-maintained educational institutions cannot be denied based on religion or language
  • Minorities can establish and manage educational institutions of their choice
• Right to Constitutional Remedies makes the other 5 Fundamental Rights effective
• When any of our rights are violated, we can seek a remedy through the courts
• Dr. Ambedkar called the Right to Constitutional Remedies 'the heart and soul' of our Constitution
• Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government
• There can be no law or action that violates the Fundamental Rights
• If any act of the Legislature or the Executive takes away or limits any of the Fundamental Rights, it will be invalid
• Certain rights, like the Right to Freedom of the Press, Right to Information, and Right to Education, are derived from the Fundamental Rights
• School education has become a right for Indian citizens
• The governments are responsible for providing free and compulsory education to all children up to the age of 14 years
• Parliament has enacted a law giving the right to information to the citizens
• The Supreme Court has expanded the meaning of the right to life to include the right to food
• The Constitution provides many more rights which may not be Fundamental Rights
• For example, the Right to Property is not a Fundamental Right, but it is a constitutional right
• The Right to Vote in elections is an important constitutional right