Democratic Rights
Introduction
Democratic rights are basic freedoms given to people in a democratic society. They include the right to vote, speak freely, gather, join groups, and take part in political activities. These rights let individuals participate and have a say in how their country is run.
LIFE WITHOUT RIGHTS
Prison in Guantanamo Bay
– Around 600 people were secretly captured by US forces and held in Guantanamo Bay.
– The American government labeled them as enemies and linked them to the September 11 attacks.
– Governments of their countries were not informed or consulted about their imprisonment.
– Families and media were not allowed to meet the prisoners, and they had no access to courts.
– Amnesty International reported torture and violation of US laws in Guantanamo Bay.
– Prisoners were denied proper treatment and even hunger strikes were used to protest.
– Some prisoners were declared innocent but not released.
– The UN conducted an independent inquiry and supported the findings.
– The UN Secretary General called for the closure of the prison, but the US government refused.
Citizens’ Rights in Saudi Arabia
– Saudi Arabia is ruled by a hereditary king without citizen involvement in electing or changing rulers.
– The king controls the legislature, executive, and judiciary, with the power to appoint and change decisions of judges.
– Citizens are prohibited from forming political parties or organizations, and the media is restricted in reporting.
– Freedom of religion is limited, with mandatory Muslim identity for citizens and restrictions on non-Muslims practicing openly.
– Women face numerous public restrictions and have unequal testimonial rights compared to men.
– Similar conditions exist in many other countries worldwide.
Ethnic massacre in Kosovo
– Kosovo, a province of Yugoslavia, had an ethnic Albanian majority but was governed by a Serbian nationalist, Milosevic.
– Milosevic’s government oppressed the Kosovo Albanians, aiming for Serbian dominance.
– An Albanian family in Kosovo experienced a tragic incident in April 1999, where Serbian troops entered their town, shot the husband, and burned their house.
– Similar atrocities were committed against thousands of Albanians by their own country’s army, under the leadership of a democratically elected leader.
– International intervention occurred to stop the massacre, Milosevic lost power, and he was later tried by the International Court of Justice for crimes against humanity.
RIGHTS IN A DEMOCRACY
– Victims in various examples, such as prisoners in Guantanamo Bay, women in Saudi Arabia, and Albanians in Kosovo, would desire a system that ensures security, dignity, and fair treatment for everyone.
– They would wish for proper reasons and information before arrests, fair chances to defend themselves, and enforcement of these assurances with punishment for violators.
– The goal is to establish a system where a minimum level of rights is guaranteed to all individuals, regardless of their power, wealth, or demographic majority.
– The spirit behind thinking about rights is to create a framework that upholds these principles and safeguards the well-being and equality of all individuals.
What are rights?
– Rights are claims that individuals have over others, society, and the government, with the aim of living happily and without harm or degradation.
– A right is only possible if it can be equally claimed by others and does not harm or hurt others.
– Rights come with the obligation to respect the rights of others.
– Rights are recognized and given meaning by society through the establishment of rules and norms.
– The notion of rights can change over time and vary between societies.
– When socially recognized claims are written into law, they become enforceable rights.
– Enforced rights can be demanded and protected through legal channels, such as courts.
– Violations or infringements of rights occur when fellow citizens or the government fail to respect these rights.
– For a claim to be considered a right, it must be reasonable, recognized by society, and sanctioned by law.
Why do we need rights in a democracy?
– Rights are essential for the sustenance of democracy, including the right to vote and be elected.
– Citizens must have the right to express opinions, form political parties, and engage in political activities for democratic elections.
– Rights play a crucial role in protecting minorities from majority oppression and preventing unlimited power.
– Rights serve as guarantees to address situations where some citizens attempt to infringe upon the rights of others.
– Governments should protect citizens’ rights, but sometimes elected governments fail to do so or violate rights.
– Certain rights need to be placed above the government’s authority to prevent their violation.
– In most democracies, citizens’ basic rights are documented in the constitution.
RIGHTS IN THE INDIAN CONSTITUTION
The Constitution of India recognizes Fundamental Rights, which hold special significance and aim to ensure equality, liberty, and justice for all citizens. The six Fundamental Rights in India are:
1. Right to Equality: Ensures equality before the law, prohibits discrimination based on religion, race, caste, sex, or place of birth.
2. Right to Freedom: Guarantees freedoms such as speech, expression, assembly, association, movement, and residence.
3. Right against Exploitation: Prohibits forced labor, trafficking, and child labor.
4. Right to Freedom of Religion: Grants the freedom to practice, propagate, and follow any religion of choice.
5. Cultural and Educational Rights: Protects the rights of minorities to preserve their culture, establish educational institutions, and conserve their language.
6. Right to Constitutional Remedies: Enables citizens to seek legal remedies through the judiciary to protect their fundamental rights.
These rights ensure the protection and empowerment of ordinary citizens in India.
Right to Equality
– The Constitution of India ensures equality before the law and equal protection of the laws for all citizens, establishing the rule of law.
– The rule of law means that no one is above the law, and there is no special treatment or privilege based on a person’s status.
– The Right to Equality prohibits discrimination based on religion, race, caste, sex, or place of birth.
– All citizens have access to public places and facilities without any restrictions based on religion, caste, etc.
– Equality of opportunity in employment and public positions is guaranteed, with reservations for Scheduled Castes, Scheduled Tribes, Other Backward Classes, women, the poor, and the physically handicapped.
– Reservations are not a violation of the Right to Equality, as they aim to provide equal opportunities for marginalized groups.
– The Constitution explicitly condemns the practice of untouchability and directs the government to eradicate it, making it a punishable offense.
Right to Freedom
– Freedom means absence of constraints and interference by others or the government.
– Under the Indian Constitution, citizens have the right to freedom of speech and expression, peaceful assembly, forming associations and unions, free movement throughout the country, the choice of residence, and the practice of any profession or occupation.
– Freedom of speech and expression allows citizens to express their views, criticize the government or associations, but it should not incite violence or defame others.
– Citizens can hold peaceful meetings, processions, rallies, and demonstrations, but they should not lead to public disorder or carry weapons.
– Citizens can form associations to promote their interests or campaign against issues like corruption or pollution.
– Citizens have the freedom to travel, reside, and settle in any part of the country, and choose their occupations without restrictions based on gender or caste.
– Personal liberty can only be deprived according to the procedure established by law, ensuring that no one can be killed or unlawfully detained.
– Arrested individuals must be informed of the reasons for arrest, produced before a magistrate within 24 hours, and have the right to consult or engage a lawyer for their defense.
Right against Exploitation
– The Constitution includes provisions to prevent exploitation of weaker sections.
– It prohibits “traffic in human beings,” which refers to the selling and buying of individuals, particularly women, for immoral purposes.
– Forced labor or begar in any form is also prohibited, where workers are compelled to provide services without proper remuneration.
– The practice of bonded labor, which involves lifelong forced labor, is explicitly prohibited.
– Child labor is strictly prohibited, preventing the employment of children below the age of fourteen in hazardous industries such as factories, mines, railways, ports, beedi making, firecrackers, matches, printing, and dyeing.
– Various laws have been enacted based on these provisions to prohibit child labor in specific industries.
Right to Freedom of Religion
– The right to freedom of religion is included in the right to freedom.
– India is a secular state, meaning it does not establish any one religion as the official religion.
– Secularism in India involves maintaining an equal distance from all religions and treating them impartially.
– Every individual has the right to profess, practice, and propagate their chosen religion.
– Religious groups are free to manage their religious affairs.
– However, the right to propagate religion does not include the right to forcefully convert others.
– Freedom to practice religion has certain limitations, such as prohibiting harmful practices or practices that infringe upon women’s freedom.
– A secular state does not provide privileges or discriminate based on religion.
– The government cannot impose taxes for the promotion of any particular religion or provide religious instruction in government educational institutions.
– In privately managed educational institutions, no one can be compelled to participate in religious instruction or worship.
Cultural and Educational Rights
– The Constitution guarantees fundamental rights, including equality before the law and equal protection of laws.
– Rule of law ensures that no person is above the law and that everyone is subjected to the same laws.
– Fundamental rights prevent discrimination based on religion, race, caste, sex, or place of birth.
– Citizens have the freedom of speech and expression, assembly, forming associations, and movement throughout the country.
– Freedom of religion allows individuals to practice, propagate, and manage their religious affairs.
– Special provisions protect against exploitation, such as human trafficking, forced labor, and child labor.
– India is a secular state, practicing equal distance from all religions and promoting religious freedom.
– The Constitution safeguards the cultural and educational rights of minorities, ensuring the preservation of language and culture.
How can we secure these rights?
– Fundamental rights are enforceable through the Right to Constitutional Remedies.
– Violations of fundamental rights can be challenged in courts, including the Supreme Court and High Courts.
– The judiciary is independent and has the power to protect citizens’ rights.
– Fundamental rights apply to actions of the government, legislatures, private individuals, and bodies.
– Courts can issue directions, orders, and writs to enforce fundamental rights and provide compensation or punishment.
– Public Interest Litigation (PIL) allows any citizen or group to approach courts for the protection of public interest.
– PIL enables citizens to raise concerns about specific laws or government actions.
– Courts consider PIL cases if they find them in the public interest, even if the communication is on a postcard.
EXPANDING SCOPE OF RIGHTS
– Fundamental Rights are not the only rights citizens have; the Constitution and law offer a wider range of rights.
– Rights have expanded over time through court judgments and legislative actions.
– Certain rights like freedom of the press, information, and education are derived from Fundamental Rights.
– The right to education and the right to information are now legally guaranteed.
– The Supreme Court has expanded the meaning of the right to life to include the right to food.
– Constitutional rights, such as the right to property and the right to vote, exist beyond Fundamental Rights.
– Human rights, which are universal moral claims, have gained recognition and acceptance.
– International covenants have contributed to the expansion of rights.
– New rights emerge as societies develop and new constitutions are made.
– The Constitution of South Africa guarantees citizens rights such as privacy, a healthy environment, adequate housing, and access to healthcare and food.
– Some believe that the right to work, right to health, right to minimum livelihood, and right to privacy should be made fundamental rights in India.