Democratic Rights

• Why Do We Need Rights?
  • Definition of Rights: Claims of a person recognized by society and sanctioned by law.
  • Need for a Democracy:
    • Essential for sustenance of democracy.
    • Every citizen must have the right to vote and get elected.
    • Citizens must have freedom of expression and political activity.
  • Role of Rights:
    • Act as guarantees when things go wrong.
    • Protect minorities from the oppression of the majority.
    • Ensure dignity and equality for all citizens.
• Life Without Rights: Real-Life Examples
  • Guantanamo Bay Prison:
    • Secret prison set up by US forces.
    • 600 people illegally detained without trial or legal representation.
    • Violation of international law and basic human rights.
  • Citizens' Rights in Saudi Arabia:
    • Hereditary monarchy with no political freedom.
    • Citizens cannot change their rulers.
    • Restrictions on freedom of religion and gender equality.
  • Ethnic Massacre in Kosovo:
    • Ethnic Albanians tortured and killed by their own army (led by Milosevic).
    • Intervention by NATO stopped the violence, proving the need for minority protection.
• Rights in the Indian Constitution
  • Inclusion in the Fundamental Rights chapter.
  • Similar to the Bill of Rights in the US Constitution.
  • Justiciable nature: Citizens can approach courts if rights are violated.
  • Six Fundamental Rights:
    • Right to Equality:
      • Equality before the law.
      • Prohibition of discrimination based on religion, race, caste, sex, or place of birth.
      • Abolition of untouchability and titles.
    • Right to Freedom:
      • Freedom of speech and expression.
      • Freedom to assemble peacefully, form associations, move freely, reside anywhere, and practice any profession.
      • Protection in respect of conviction for offenses.
    • Right against Exploitation:
      • Prohibition of traffic in human beings and forced labor (begar).
      • Prohibition of child labor (under 14 years in hazardous industries).
    • Right to Freedom of Religion:
      • Freedom of conscience and free profession, practice, and propagation of religion.
      • Freedom to manage religious affairs.
      • No religious instruction in state-funded educational institutions.
    • Cultural and Educational Rights:
      • Protection of language, script, and culture of minorities.
      • Right of minorities to establish and administer educational institutions.
    • Right to Constitutional Remedies:
      • Heart and soul of the Constitution (Dr. B.R. Ambedkar).
      • Allows citizens to move the Supreme Court or High Courts for the enforcement of rights through Writs.
• Expanding Scope of Rights
  • Fundamental Rights are the foundation, but scope is expanding.
  • New Rights recognized by courts and laws:
    • Right to Education (RTE): Free and compulsory education for children aged 6-14 (Article 21A).
    • Right to Information (RTI) Act: Transparency in government functioning.
    • Right to Property: Moved from Fundamental Right to a legal right.
    • Right to Food, a clean environment, and housing as extensions of the Right to Life (Article 21).
• National Human Rights Commission (NHRC)
  • Independent commission established in 1993.
  • Protects human rights, especially custodial justice.
  • Powers: Can inquire into suo motu or petitioned human rights violations, visit jails, and recommend compensation.