CLASS 9 DEMOCRATIC RIGHTS (CIVICS 6)

DEMOCRATIC RIGHTS

India is a democratic country

—  Principle of democracy is that the government of the state is carried out with the co-operation & consent of the people.

According to Abraham Lincoln

—  Democracy means a government is elected of the people, for the people, by the people.

Democracy is accountable form of Government. Why?

—  Democracy improves the quality of decision making.

—  Democracy provides a method to deal with differences and conflicts.

—  Democracy enhances the dignity of citizens.

—  Democracy is better than other forms of government because it allows us to correct its own mistakes.

Rights in a democracy

       Rights are claims of a person over other fellow beings, over the society and over the government.

—  All have equal rights but a right is a possible for a person which should not harm or hurt others.

Why do we need rights in a democracy?
Rights are necessary for the every sustenance of a democracy.

Rights in the Indian constitution

What is Fundamental Rights?

Some rights which are fundamental to our life are given a special status. They are called fundamental rights.

RIGHT TO EQUALITY

Constitution says that government shall not deny to any person in India, equality before the law or the equal protection of the laws.

It means that the laws apply in the same manner to all, regardless of a person’s status. This is called rule of law.
Rule of law is the foundation of any democracy. It means that no person is above the law.

No discrimination can be made against any citizen on the grounds of birth, caste, religion, gender sex or place of birth.
Untouchability is a cognizable offence.

RIGHT TO FREEDOM

Freedom means absence of constraints (restrictions). In practical life it means absence of interference in our affairs by others. It grants
1) Freedom of speech and expression
2) Assemble in a peaceful manner
3) Form associations and unions
4) To move freely any part of the country and
5) To reside in any part of the country and
6) practice any profession, carryout any occupation, trade or business

RIGHT AGAINST EXPOITATION

The constitution mentions three specific evils and declares them illegal.
> Traffic in human beings - selling and buying of human beings, usually women for immoral purposes.
> Prohibits forced labour or beggar in any forms. Beggar is a practice where the worker is forced to render service to the ‘master’ free of charge or at a nominal remuneration.
> Prohibits child labour. No one can employ a child below the age of 14 to work in any other hazardous, such as Railways and Ports.

RIGHT TO FREEDOM OF RELIGION

1. There is no state religion in India.
2. Every person has a right to profess, practice and propagate the religion he/she believes in.

3. A right to propagate one’s religion, however, does not mean that a person to convert into his religion by means of force, fraud, inducement or allurement (incentive/bribe, attraction/temtation)

For Eg: One cannot sacrifice animals or human beings as offspring’s to supernatural forces or gods.

4. A secular state is one that does not have any privilege or favours or any particular religion.

5. Nor does it punish or discriminate against people on the basis of religion they follow.
6. Thus the government cannot compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institutions.
7. All religions are given equal respect.

CULTURAL AND EDUCATIONAL RIGHTS

1) The constitution specifies the cultural and educational rights of the people.
2) Any section of citizens with a distinct language or cultural have a right to conserve it.
3) Admission to any educational institutions maintained by government are receiving government aid cannot be denied to any citizen on the ground of religion or language.
 4) All minorities have the right to establish administer educational institutions of their choice.

RIGHT TO CONSTITUTIONAL REMEDIES

How can we secure these rights?
1) The fundamental rights in the constitution are important because they are enforceable. This is called the constitutional remedies.

2) It is possible that sometimes our Rights may be violated by fellow citizens, private bodies or by the government.

3) When any of our rights are violated, we can seek remedy through laws.

4) If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of a state.
5) That’s why Dr. Ambedkar called the Right to Constitutional Remedies “the heart and soul” of our constitution.
6) Supreme Court and High Courts have the power to issue directions, orders or writs (summons/court order) for the enforcement of the Fundamental Rights.

7) Any person can go to court against the violation of Fundamental Rights, if it is of Public interest. It is called Public Interest Litigation (PIL).

Expanding scope of rights

Sometimes it leads to expansion in the legal rights that the citizen can enjoy.

From time to time the court gave judgment to expand the rights like Right to freedom of Press, Right to Information and Freedom of Education derived from the Fundamental Rights.

The governments are responsible for providing free and compulsory education to all the children up to age of 14 years.

Parliament has enacted a law giving the Right to Information to the citizens.

This Act was made under the Fundamental Right to freedom of thought and expression. We have a right to seek information from Government offices.
The right to property is not a fundamental right but it is constitutional right. Right to vote in election is an important constitutional right.

Sometimes the expansion that takes place to what is called Human Rights.

Main Concepts

Amnesty International: An International organization of volunteers who campaign for human rights.

Claim: Demand for legal or moral entitlements a person makes on fellow citizens, society or the government.

Covenant: Promise made by individuals, groups or countries to uphold a rule or a principle.

Dalit: A person who belongs to the castes which were considered low and not touchable by others.

Ethnic group: It’s a human population whose members usually identify with each other on the basis of a common ancestry.

Traffic: Selling and buying of men, women or children for immoral purposes.

Summon: An order issued by a court asking a person to appear to before it.

Writ: A formal document containing an order of the court to the government issued only by High court or the Supreme Court.

JUDICIARY AND BUREAUCRACY

—  Bureaucracy means government by central administration.

—  Judiciary aims in protecting the society, the   human values & the spirit of the constitution.

—  Judiciary & executive are the offspring's.

—  Bureaucracy to serve the legislature.

QUALITIES OF CORRUPTION

—  * Selfishness

—   * Human greed

—   * Craze to achieve more  than individual rights

—   * Corrupt practices

RESULT

—  The society has made the people responsible to mind the bureaucracy & judiciary corrupt.

—   Corruption has reached the higher level; we cannot accept the desired services from them to the constitution & rumors of the law.

THERE IS GREAT SENSE IN THE PHASE OF CONSTITUTION

—  Everyone has to attach point consideration to one’s duties more than the undaunted spirit of striving to enforce the individual rights.

CONCLUSION

—  True democracy will come to this country when no one goes hungry to bed.

—  You don’t need just equal right to vote . Every citizen needs to have equal information, basic education, equal resources & a lot of commitment.

THE CONSTITUTION OF SOUTH AFRICA GUARANTEES ITS CITIZEN, SEVERAL KINDS OF RIGHTS:-

Right to privacy, so that citizens or their house cannot be searched, their phones cannot be tapped, their communication cannot be opened.

Right to environment that is not harmful to their health or well-being.

Right to have access to adequate housing.

Right to have access to health care services, sufficient food and water, no one may be refused emergency medical treatment.

NATIONAL HUMAN RIGHT COMMISSION (NHRC)

NHRC was established in 1993.

The commission is appointed by the President and include retired judges, officers and eminent citizens.

The commission focuses on helping the victims to secure their human rights. These include all the rights granted to the citizens by the constitution.

The constitution also considers the human rights mentioned in the UN sponsored international treaties that India has signed.

The commission makes independent and credible inquiry into any case of violation of human rights.

The commission presents its findings and recommendations to the government.

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