CLASS- IX SPL-I: DEMOCRATIC POLITICS
05. DEMOCRATIC
RIGHTS
5.1 Life Without Rights
The three case studies illustrate that when rights are absent, the
state can become an instrument of oppression.
1. Guantanamo Bay (Denial of Due Process)
In this case, the U.S. government detained 600 foreigners without
trial, violating international law.
· Key Violation: No "Habeas Corpus" (the right to be brought before
a judge).
· Impact: Prisoners were tortured and held even after being found
innocent, showing that even powerful democracies can violate rights if there is
no judicial oversight.
2. Saudi Arabia (Absolute
Monarchy)
This illustrates a lack of political and civil liberties under a
hereditary ruler.
·
Political: No right to form parties or elect leaders.
·
Social/Religious: No freedom of religion and systemic gender inequality.
·
Judicial: The King controls all branches of government, meaning there
is no independent judiciary to protect citizens.
3. Kosovo (Ethnic Massacre in a
Democracy)
This is a chilling example of "Majoritarianism." Even an elected
leader (Milosevic) can use the state machinery to carry out ethnic cleansing
against a minority.
· The Conflict: The Serb majority targeted the ethnic Albanian minority.
· Key Lesson: Elections alone do not make a country safe; without
guaranteed rights for minorities, democracy can turn into the "tyranny of
the majority."
5.2
RIGHTS IN A DEMOCRACY
·
Guantanamo Bay: At its peak, the facility held roughly 780 detainees. As of
today, only about 30 remain,
many held for decades without charge.
· Kosovo War (1998–1999): It is estimated that over 10,000 people (mostly Kosovo Albanians) were
killed, and over 800,000 were
forcibly displaced from their homes.
·
Saudi Arabia: While recent reforms have occurred (e.g., women gaining the
right to drive in 2018), the country still ranks near the bottom of the Freedom
House index, scoring 7/100 for
global freedom in 2023.
1. Defining a "Right"
The
text identifies a specific "litmus test" for what constitutes a
right. To be a right, a claim must possess three specific qualities:
1. Reasonable Claim: It must be a claim that you can make without harming others.
You cannot claim a "right" to break a neighbor's window or dominate a
minority.
2. Recognized by Society: Rights are social constructs. They are based on the
community’s collective agreement on what is "right" and
"wrong." This evolves over time (e.g., women's right to vote).
3. Sanctioned by Law: Without legal backing, a right is just a "moral
claim." When a claim is written into law, it becomes enforceable, meaning you
can go to court if it is violated.
Definition: Rights are
reasonable claims of persons recognized by society and sanctioned by law.
2. The Relationship Between Rights and Obligations
The
text makes a brilliant point: Rights are a two-way street. * If you want the
right to live without fear, you have the obligation not to make others live in
fear.
·
If you want the right to express your opinion, you must respect
the rights of others to express theirs.
·
The Rule of Equality: A claim is only a right if it can be made available to
everyone in "equal measure."
3. Why Democracy Cannot Survive Without Rights
Rights perform three critical functions in a democratic system:
·
Participation: For elections to be meaningful, people need the right to
speak, assemble, and form parties. Without these, voting is just a hollow
ritual.
·
Protection of the Minority: In a democracy, the majority usually
wins. Rights act as a "check" to ensure that the majority doesn't use
its power to oppress or eliminate the minority (as seen in the Kosovo example).
·
Protection from the Government: Sometimes, even elected governments
turn against their citizens. Therefore, basic rights are often placed "higher than the
government" in a Constitution so that the state cannot legally
take them away.
5.3 RIGHTS
IN THE INDIAN CONSTITUTION
1. Right to Equality (Articles 14–18)
The
cornerstone of Indian democracy is the Rule of Law, which means the law is
supreme, and no one—not even the Prime Minister—is above it.
·
Equality before Law: Everyone is treated the same by the
legal system.
·
Social Equality: The government cannot discriminate based on
religion, race, caste, sex, or place of birth. This ensures everyone has access
to shops, hotels, and public wells.
·
Abolition of Untouchability: One of the most significant
social reforms, making the practice of untouchability a punishable crime.
·
Equality of Opportunity: Everyone has an equal shot at
government jobs.
Note on Reservations: The text clarifies that reservations for
SC/ST/OBCs are not a violation of equality. True equality means
giving special support to those who were historically pushed back so they can
compete on an even playing field.
2. Right to Freedom
(Articles 19–22)
Freedom
is the "absence of constraints," but it is not "absolute
license." Your freedom ends where someone else's nose begins.
The
Six Freedoms (Article 19):
1.
Speech
and Expression: You can criticize the government, but you cannot incite
violence or defame others.
2.
Peaceful Assembly: You can hold rallies, provided they are
peaceful and without weapons.
3.
Associations: You can form unions (like workers' unions) or
NGOs.
4.
Free Movement: You can travel anywhere in India.
5.
Residence: You can settle in any part of the country (e.g.,
an Assamese person moving to Hyderabad).
6.
Profession: You can choose any job; nobody can force you into
a "traditional" occupation based on your caste or gender.
Protection of
Life and Personal Liberty
This
is the most basic right. The government cannot kill or arrest you without a procedure
established by law. If you are arrested, you have three specific protections:
·
The Right to Know: You must be told why you are being
arrested.
·
The 24-Hour Rule: You must be produced before a magistrate
within 24 hours.
·
Legal Counsel: You have the right to consult and be defended
by a lawyer.
3. Right
against Exploitation
Once we have liberty, we must ensure people aren't forced into
"un-free" situations. The Constitution specifically prohibits three
evils:
·
Human Trafficking: Selling and buying of human beings (usually women and
children) for immoral purposes.
·
Begar: Forced labor where workers are made to work for free or for
a pittance.
·
Child Labor: No child below the age of 14 years can be employed in any factory, mine,
or hazardous work (like cracker making or carpet weaving).
4. Right to Freedom of Religion
India is a secular state,
meaning the government does not favor any one religion.
·
Practice and Propagate: Every person has the right to profess, practice, and even
spread their religion.
·
No Religious Tax: The state cannot force people to pay taxes for the promotion
of a specific religion.
·
Education: No religious instruction can be provided in any
government-run educational institution.
5. Cultural and Educational Rights
Democracy isn't just about the majority; it’s about protecting the
identity of minorities.
·
Any section of citizens with a distinct language or culture has
the right to conserve it.
·
Admission to any educational institution maintained by the
government cannot be denied on the basis of religion or language.
·
All minorities have the right to
establish and administer educational institutions of their choice.
6. Right to Constitutional
Remedies
This is what Dr. B.R. Ambedkar called the "Heart and Soul" of
our Constitution.
·
Without this, all other rights are just words on paper.
·
This right allows citizens to go directly to the Supreme Court or High Courts if
any of their Fundamental Rights are violated. The courts can issue
"Writs" (legal orders) to the government to restore those rights.
Overview of the 6 Fundamental
Rights
|
Right |
Protection Offered |
|
Equality |
Against
discrimination and social stigma. |
|
Freedom |
To
speak, move, and live without arbitrary interference. |
|
Against
Exploitation |
Against
human trafficking and child labor. |
|
Freedom
of Religion |
To
follow any faith (or none) without state interference. |
|
Cultural
& Educational |
To
protect the heritage of minority groups. |
|
Constitutional
Remedies |
The
power to sue the state to enforce these rights. |
How we secure our rights?
1. The Right to Constitutional Remedies
(Article 32)
This is the "protector" right. It makes all other rights enforceable. Without it, the
other five rights would just be beautiful words without any power.
·
Direct Access: Unlike normal legal cases that start in local district
courts, if a Fundamental
Right is violated, you can skip the line and go directly to the Supreme Court
or the High Court.
·
The "Heart and Soul": Dr. B.R. Ambedkar used this phrase
because this right provides the life force to the entire Constitution.
2. Checks on Government Power
Fundamental rights are a "No Entry" sign for the
government.
·
Legislature: Cannot pass any law that takes away a fundamental right.
·
Executive: Cannot take any action (like a police arrest or a government
policy) that violates these rights.
·
Invalidation: If the government passes such a law, the courts have the
power to declare that law null and void (invalid).
3. The Power of Writs and
Compensation
The Supreme Court and High Courts aren't just there to listen;
they can act. They use special legal tools:
·
Writs: These are formal written orders (like Habeas Corpus) that
command the government or an individual to stop a violation.
·
Punishment & Compensation: The courts can punish the person who
violated the right and order the government to pay money (compensation) to the
victim.
4. Public Interest Litigation
(PIL)
This is perhaps the most "user-friendly" part of the
Indian legal system.
·
Old Rule: Previously, only the person whose rights were violated could
go to court.
·
New Rule (PIL): Now, any public-spirited citizen or group can file a case on
behalf of others if the issue is in the "public interest" (e.g.,
child labor in a factory or environmental pollution).
·
Simplicity: The text mentions you can even write to a judge on a postcard, and if the judge
finds it serious, they will treat it as a formal case.
5.4 Expanding Scope of Rights:
1. Rights Derived from Fundamental Rights
The courts often interpret the "Basic Six" rights to
include new protections. This is how "implied rights" are born:
·
Right to Information (RTI): Derived from the Freedom of Speech and
Expression. If we have the right to express ourselves, we must first have
the right to know the truth about government functioning.
·
Right to Education (RTE): Now a legal reality where the state must provide free and
compulsory education to children up to 14 years.
·
Right to Food: The Supreme Court expanded the Right to Life (Article
21) to include the right to live with dignity, which is impossible without
food.
2. Constitutional Rights vs. Fundamental
Rights
Not every right in the Constitution is a "Fundamental
Right." While Fundamental Rights get special protection (direct access to
the Supreme Court), other rights are still legally binding:
·
Right to Property: Once a Fundamental Right, it is now a Constitutional Right.
·
Right to Vote: This is the bedrock of our political system and a crucial
constitutional right.
3. The Global Expansion: Human
Rights
The text notes a shift from legal rights to Human Rights—universal moral
claims that every human deserves regardless of their country’s laws.
·
International treaties (Covenants) pressure governments to turn
these moral claims into legal ones.
·
The South African Example: Their modern Constitution is often
cited as one of the most progressive in the world because it explicitly
includes:
o Right to Privacy: Protecting homes
and communications.
o Right to Environment: A healthy
surroundings for well-being.
o Right to Housing and Healthcare: Ensuring basic human needs are met.
4. How Rights Evolve
The textbook emphasizes that rights don't just "appear."
They are the result of:
1. People’s Struggles: Social movements and protests.
2. Judicial Interpretations: Courts giving new meanings to old laws.
3. New Constitutions: Newer nations learning from the gaps in older ones.
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