Life Without Rights

(i) About 600 people were secretly picked by the US forces from all over the
world and put in Guantanamo Bay near Cuba, an area controlled by the
American Navy.

(ii) The American Government said that they were enemies of the US and
linked to the attack on New York on 11th September, 2001.

(iii) The governments of their countries were not asked or even informed
about their imprisonment.

(iv) Families of prisoners, media or even UN representatives were not

allowed to meet them.

(v) There was no trial before any magistrate in the US. Nor could these
prisoners approach courts in their own country.

(vi) Amnesty International, an international human rights organisation,

collected information on the condition of the prisoners in Guantanamo Bay
and reported that the prisoners were being tortured in ways that violated US
laws.

(vii) They were being denied the treatment that even prisoners of war must
get as per international treaties.

(viii) Prisoners were not released even after they were officially declared not
guilty.

(1x) An independent inquiry of the UN supported these findings.

(x) The UN Secretary General said that the prison in Guantanamo Bay should
be closed down.

(xi) The US Government refused to accept these pleas.

(xii) This case is an exception of denial of rights, as it involves the

government of one country rights to citizens of other countries.

Citizens Rights in Saudi Arabia

(i) In Saudi Arabia rights have been restricted by their own government.

(ii) The country is ruled by a hereditary king and the people have no role in
electing or changing their rulers.

(iii) The king selects the legislature as well as the executive. He appoints the
judges and can change any of their decisions

(iv) Citizens cannot form political parties or any political organisations.

(v) Media cannot report anything that the monarch does not like.

(vi) There is no freedom of religion. Every citizen is required to be Muslim.

Non-Muslim residents can follow their religion in private, but not in public.

(vii) Women are subjected to many public restrictions. The testimony of one
man is considered equal to that of two women.

(viii) This is true not just of Saudi Arabia; there are many countries where
several of these conditions exist.

Ethnic Massacre in Kosovo

(i) Kosovo was a province of Yugoslavia before its split. In this province, the
population was overwhelmingly ethnic Albanian.

(ii) But in the entire country, Serbs were in majority.

(iii) A narrow minded Serb Nationalist Milosevic had won the election. He was
very hostile to the Albanians in Kosovo.

(iv) He wanted the Serbs to dominate the country. Many Serb leaders
thought that the ethnic minorities like Albanians should either leave the
country or accept the dominance of the Serbs.

(v) The Serbs killed thousands of Albanians, burnt their houses and took their
possessions.

(vi) This massacre was being carried out by the army of their own country
under the directions of the leader who came to power through democratic
elections.
(vii) Finally, several other countries intervened to stop this massacre.

(viii) Milosevie lost power and was tried by the International Court of Justice
for crimes against humanity.

(ix) Each of the three cases, Guantananmo Bay, Saudi Arabia and Kosovo are
examples of life without rights.

Rights in a Democracy
(i) Rights are claims of a person over other fellow beings, over the society
and over the government.

(ii) Rights are reasonable claims of persons recognised by society and

sanctioned by law.

(iii) You cannot have a right that harms or hurts others.

(iv) A right comes with an obligation to respect others’ rights.

(v) When socially recognised claims are written into law they acquire real
force. Otherwise they remain merely as natural and moral rights.

Why do We Need Rights in a Democracy?

(i) Rights are necessary for the very substance of a democracy.

(ii) In a democracy, every citizen has the right to vote and the right to be
elected to government.

(iii) For democratic elections to take place it is necessary that citizens should
have the right to express their opinion, form political parties and take part in
political activities.

(iv) Rights also perform a very special role in a democracy.

(v) Rights protect minorities from the oppression of the majority.

(vi) They ensure that the majority cannot do whatever it likes.

(vii) Rights are guarantees which can be used when things go wrong.

(viii) This usually happens when those in majority want to dominate those in
minority.

(ix) The government should protect the citizens’ rights in such a situation.

(x) But sometimes elected governments may not protect or may even attack
the rights of their own citizens.

(xi) That’s why rights need to be placed higher than the government, so that
the government cannot violate these.

(xii) In most democracies, the basic rights of the citizens are written down in
the Constitution.

Rights in the Indian Constitution

(i) Some rights which are fundamental to our life are given a special status.
They are called Fundamental Rights.

(ii) The Constitution of India provides for six Fundamental Rights. These are

(a) Right to Equality

(b) Right to Freedom

(c) Right against Exploitation

(d) Right to Freedom of Religion

(e) Cultural and Educational Rights

(f) Right to Constitutional Remedies

Right to Equality
(i) The Constitution says that the government shall not deny to any person in
India equality before the law.
(ii) It means that the laws apply in the same manner to all regardless of a
person’s status. This is called the rule of law.

(iii) Rule of law is the foundation of any democracy. It means that no person
is above the law.

(iv) There cannot be any distinction between a political leader, government

official and an ordinary citizen.

(v) Every citizen from the Prime Minister to a small farmer in a remote village
is subject to the same laws.

(vi) No person can legally claim any special treatment or privilege just
because he or she happens to be an important person.

(vii) The government shall not discriminate against any citizen on the
grounds of religion, caste, ethnicity, sex or place of birth.

(viii) Every citizen shall have access to public places like shops, restaurants,
hotels, cinema, halls, etc.

(ix) There shall be no restriction with regard to the use of wells, tanks
bathing ghats, roads, playgrounds and public places maintained by
government or dedicated to the use of the general public.

(x) All citizens have equality in employment or appointment to any position

in the matters relating to government.

(xi) The Government of India has provided reservation to Scheduled Castes

(SC) and Scheduled Tribes (ST) and Other Backward Classes (OBC).

(xii) Sometimes it is necessary to give special treatment to someone in order

to ensure equal opportunity e.g., SCs and STs had been denied rights and
opportunities by the society of the upper castes, were poor, less educated
and so could not compete openly and secure jobs. That is why reservation
was made for them.

(xiii) The Constitution says that reservation of this kind is not a violation of
the Right to Equality.
(xiv) The Right to Equality also means that there can be no discrimination in
social life like untouchability.

(xv) The practice of untouchability has been forbidden in any form.

(xvi) Untouchability refers to any social practice that looks down upon people
on account of their birth with certain caste labels.

(xvii) The Constitution made untouchability a punishable offence.

Right to Freedom
(i) Freedom means absence from constraints.

(ii) In practical life, it means absence of interference in our affairs by others

be it individuals or the government.

(iii) Under the Indian Constitution all citizens have the right to

(a) Freedom of speech and expression

(b) Assemble in a peaceful manner

(c) Form associations and unions

(d) Move freely throughout the country

(e) Practice any profession or to carry on any occupation trade or business

(iv) You cannot exercise your freedom in such a way that it violates others’
rights to freedom.

(v) The government can impose reasonable restrictions on our freedom in

the larger interests of the society.

Freedom of Speech and Expression

(i) Freedom of speech and expression means that a person has the freedom
to express his views and ideas freely without any restriction. He can
communicate with others about his ideas.
(ii) You are free to criticise the government or the activities or an association
in your conversations with parents, friends and relatives.

(iii) You may publicise your views through a pamphlet magazine or

newspaper.

(iv) You can do it through painting, poetry or songs.

(v) However, you cannot use this freedom to instigate violence against
others.

(vi) You cannot use it to incite people to rebel against the government.

(vii) Neither can you use it to defame others by saying false and mean things
that cause damage to a person’s reputation.

Freedom to Assemble in a Peaceful Manner

(i) Citizens have the freedom to hold meetings, processions, rallies and
demonstrations on any issue, but in a peaceful manner.

(ii) They should not carry weapons with them to the meetings or rallies.

(iii) They can also form associations e.g., workers unions to promote their
interests or to campaign against corruption and pollution.

Freedom to Travel to Any Part of the Country

(i) A person is free to travel to any part of the country.

(ii) He is also to free to settle in any part of the country.

(iii) He is also free to carry on any occupation in any part of the country.

(iv) The Constitution says that no person can be deprived of his life or
personal liberty except according to procedure established by law.

(v) It means that no person can be killed unless a court has ordered a death
sentence.
(vi) It also means that government or police officers cannot arrest or detain
any citizen unless he has proper legal justification. Even when they do, they
have to follow a specified procedure.

(vii) A person who is arrested or detained in custody will have to be informed

of the reasons for such arrest or detention.

(viii) A person who is arrested or detained shall be produced before the

nearest magistrate within a period of 24 hours of arrest.

(ix) Such a person has the right to consult a lawyer or engage a lawyer for
his defence.

Right against Exploitation

(i) Every citizen has the right not to be exploited.

(ii) The Constitution mentions three specific evils and declares these illegal.

(iii) First, the Constitution prohibits traffic in human beings. Traffic here
means selling and buying of human beings, usually girls or women for
immoral purposes.

(iv) Second, our Constitution also prohibits forced labour or begar’ in any
form. ‘Begar’ is a practice when the worker is forced to render services to
the master free of charge or on nominal remuneration. When this practice
takes place on a lifelong basis, it is called the practice of bonded labour.

(v) Finally, the Constitution also prohibits child labour. No one can employ a
child below the age of 14 to work in any factory or mine or in any other
hazardous work such as railways and ports.

(vi) Many laws have been made to prohibit children from working in
industries such as beedi making, firecrackers and matches, printing and
dyeing.

Right to Freedom of Religion

(i) Most people in India, like anywhere else in the world, follow different
religions.
(ii) Some may not believe in any religion.

(iii) India is a secular state. A secular state is one that does not establish any
one religion as its official religion. It keeps equal distance from all religions.

(iv) According to the Right to Freedom of Religion. Every person has the right
to profess, practice and propagate any religion he or she believes in.

(v) Every religious group or sect is free to manage its religious affairs.

(v)) A right to propagate one’s religion does not mean that a person has the
right to compel another person to convert to his religion by means of force,
fraud, inducement or allurement.

(vii) A person is free to change his religion on his own will.

(viii) Freedom to practice religion does not mean a person can do whatever
he wants in the name of religion.

(ix) One cannot sacrifice animals or human beings as offerings to

supernatural forces or Gods.

(x) Religious practices which treat women as inferior or the that infringe
women’s freedom are not allowed, e.g one cannot force a widowed woman
to shave her head or wear white clothes.

(xi) A secular state is one which does not confer any privilege or favour on
any particular religion.

(xii) There shall be no religious instruction in government educational

institutions.

(xiii) In educational institutions managed by private bodies person shall be

compelled to take part in any religious instruction or to attend any religious
worship.

Cultural and Educational Rights

(i) Any section of citizens with a distinct language or culture have a right to
conserve it.
(ii) Admission to any educational institution maintained by government or
receiving government aid cannot be denied to any citizen on the grounds of
religion or language.

(iii) All minorities have the right to establish and administer educational
institutions of their choice. Here minority does not mean only religious
minority at the national level. In some places people speaking a particular
language are in majority, while other people speaking a different language
are in a minority. e.g., Telugu speaking people form a majority in Andhra
Pradesh, but they are a minority in the neighbouring State of Karnataka.
Sikhs constitute a majority in Punjab, but they are a minority in Rajasthan,
Haryana and Delhi.

Right to Constitutional Remedies

(i) Fundamental Rights in the Constitution are important because they are
enforceable.

(ii) We have the right to seek enforcement of the above rights if they are
violated or taken away from the citizens by fellow citizens, private bodies or
by the government.

(iii) When any of our rights are violated we can seek remedy through courts.
It is a Fundamental Right through which we can directly approach the
Supreme Court or the High Court of a state. That’s why Dr Ambedkar called
the Right to Constitutional Remedies, the heart and soul of our Constitution.

(iv) Fundamental Rights are guaranteed against the actions of the

legislatures, the executive and any other authorities instituted by the
government.

(v) There can be no law or action that violates the Fundamental Rights.

(vi) If any act of the legislature or the executive takes away or limits any of
the Fundamental Rights, it will be invalid.

(vii) We can challenge in courts such laws of the Central and State
Governments, the policies and actions of the government or the
governmental organisations like the nationalised banks or electricity boards.

(viii) Courts also enforce the Fundamental Rights against private individuals
and bodies.
The Supreme Court and High Courts have the power to issue directions,
orders or writs for the enforcement of Fundamental Rights.

(ix) They can also award compensation to the victims and punishment to the
violators.

(x) PIL: A person can go to court against the violation of a Fundamental

Right, if it is of social or public interest. This is called Public Interest Litigation
(PIL).

(xi) Under the PIL any citizen or group of citizens can approach the Supreme
Court or a High Court for the protection of public interest against a particular
law or action of the government.

(xii) One can write to the judges even on a postcard. The court will take up
the matter if the judges find it in public interest.

Expanding Scope of Rights

(i) Fundamental Rights are the source of all rights, but our Constitution and
law offers a wider range of rights.

(ii) Over the years the scope of rights has expended.

(iii) From time to time the courts gave judgements to expand the scope of
rights.

(iv) Certain rights like freedom of the press, right to information and right to
education are derived from the Fundamental Rights.

(v) Now school education has become a right for Indian citizens.

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

(vii) Parliament has enacted a law giving the right to information to the
citizens.

(viii) Under this right we have the right to seek information from government
offices.
(ix) Recently, the Supreme Court has expanded the meaning of the right to
life to include the right to food.

(x) Rights are not limited to Fundamental Rights as enumerated in the

Constitution.

(xi) The Constitution provides many more rights, which may not be
Fundamental Rights.

(xii) The right to property is not a Fundamental Right but it is a Constitutional

Right.

(xiii) Right to vote in elections is an important Constitutional Right.

(xiv) Human Rights :Sometimes the expansion takes place in what is called
human rights. These are universal moral claims that may or may not have
been recognised by law.

(xv) With the expansion of democracy all over the world, there is greater
pressure on governments to accept these claims.

(xvi) Some international covenants have also contributed to the expansion of

rights.

International Covenant on Economic, Social and Cultural

Rights
(i) This international covenant recognises many rights that are not directly a
part of the Fundamental Rights in the Indian Constitution.

(ii) This has not yet become an international treaty.

(iii) But human activists all over the world see this as a standard of human
rights. These include

(a) Right to work means giving an opportunity to everyone to earn their

livelihood by working.

(b) Right to safe and healthy working conditions as well as fair wages that
can provide a decent standard of living for the workers and their families.
(c) Right to adequate standard of living including adequate food, clothing
and housing.

(d) Right to social security and insurance.

(e) Right to health: medical care during illness, special care for women
during childbirth and prevention of epidemics.

(f) Right to education: free and compulsory primary education, equal access
to higher education.

(iv) Thus, the scope of rights has been expanding and new rights are
evolving over time.

(v) New rights emerge as societies develop or Constitutions are made.

(vi) The Constitution of South Africa guarantees its citizens several kinds of
new rights

(a) Right to privacy, so that citizens or their homes cannot be searched, their
phones cannot be tapped, their communication cannot be opened.

(b) Right to an environment that is not harmful to their health or well being.

(c) Right to have access to adequate housing.

(d) Right to have access to healthcare services, sufficient food and water: no
one may be refused emergency medical treatment.

(vii) Many people think that the right to work, right to health, right to
minimum livelihood and right to privacy should be made fundamental rights
in India as well.