DEMOCRATIC RIGHTS

Q.1. What are rights?

Rights are claims of a person over other fellow beings, over the society and over the
government. They are reasonable claims of (a) person (/s) recognised by society and
sanctioned by law.
Q.2. Why do we need rights in a democracy?
Rights are needed in a democracy and form an integral part of it as :-
a) They are necessary for the very sustenance of a democracy. In a democracy every
citizen has to have the right to vote and the right to be elected to government.
b) They should also have the right to express their opinions, form political parties and
take part in political activities.
c) Rights protect minorities from the oppression of the majority. They ensure that the
majority cannot do whatever it likes. Rights are guarantees which can be used
when things go wrong.
d) In order to check misuse of power, rights are placed higher than the government.
e) Rights are very important as they facilitate human dignity and privileges of being
human beings.
Q.3. What are fundamental rights?
Some rights which are fundamental to our life are given a special status. They are
called fundamental rights.
Q.4. State the fundamental rights mentioned in the Indian Constitution.
The fundamental rights mentioned in the Indian Constitution are as follows:-
a) Right to equality
b) Right to Freedom
c) Right against exploitation
d) Right to freedom of religion
e) Cultural and educational rights
f) Rights to constitutional remedies.
Q.5. What is rule of law?
Rule of law is the foundation of any democracy. It means no person is above the law.
The constitution says that the government shall not deny to any person in India
equality before law or equal protection of laws regardless of the person’s status. The
laws apply in the same manner to all, be it a political leader, government official or an
ordinary citizen,
Q.6. What are the implications of the right to equality?
Under the right to equality according to the constitution of India:-
a) The government shall not discriminate against any citizen on ground of religion,
race caste, sex or place of birth.
b) Every citizen shall have access to public places like shops, restaurants, hotels and
cinema halls.
c) There shall be no restrictions with regard to the use of wells, tanks, bathing ghats,
roads, playgrounds and places of public resorts maintained by government or
dedicated to the use of general public.
 d) All citizens have equality of opportunities in matters relating to employment or
appointment to any position in the government.
e) The practice of untouchability has been forbidden in any form.
f) All people are equal before the law.
g) No title shall be conferred on anybody in any field other than academics, sports and
military distinction.

Q.7. Write a short note on right to freedom.

OR
The right to freedom is a cluster of six rights. Explain.
The right to freedom periods for the right to:
a) Freedom of speech and expression.
b) Assembly in a peaceful manner.
c) Form associations and unions.
d) Move freely throughout the country.
e) Reside in any part of the country.
f) Practice any profession, or to carry on any occupation, trade or business.
Q.8. What are the provisions and limitations to the right to freedom of speech and
expression?
Right to freedom of speech and expression is one of the essential features of any
democracy. Our ideas and personality develop only when we are able to freely
communicate with others.
a) You are free to criticise the government or the activities of the association in your
conversations with your parents, friends and relatives.
b) You may publicise your views through a pamphlet, newspaper or magazine.
c) However, you cannot use this freedom to instigate violence against others. You
cannot use it to incite people to rebel against government.
d) You cannot use this right to defame others by saying false and mean things.
Q.9. What are the implications of the right against exploitation?
The right against exploitation is one of the most important fundamental right given to
the citizens of India. Under this right, the constitution mentions three specific evils
and declares these illegal:-
a) The constitution prohibits ‘traffic in human beings’. Traffic here means selling
and buying of human beings, usually women for immoral purposes.
b) Our constitution also prohibits forced labour or beggar in any form. Beggar is a
practice where the worker is forced to render service to the master free of charge
or at a nominal remuneration. When this practice takes place on a life – long basis,
it is called the practice of bonded labour.
c) The constitution also prohibits child labour. No one can employ a child below the
age of fourteen to work in any factory or mine or in any other hazardous work,
such as railways and ports.
Q.10. Write a note on right to freedom of religion.
 Every person has a right to profess, practice and propagate the religion he or she
believes in. This constitutes the right to freedom of religion.
a) Every religions group or sect is free to manage its religion affairs.
b) However, this does not mean that a person has the right to compel another person
to convert into his religion by means of force, fraud, inducement or allurement.
c) A secular state is one that does not confer any privilege or favour on any
particular religion.
d) There shall be no religious instruction in the government educational institutions.
Q.11. Write a note on cultural and educational rights.
The constitution – makers thought that the language, culture and religion of minorities
needs special protection, otherwise it may get neglected or undermined under the
impact of the language, culture and religion of the majority. So, the constitution
specifies the cultural and educational rights of the minorities as follows:-
a) Any section of citizens with a distinct language or culture have a right to conserve
it.
b) Admission / to any educational institution maintained by government or receiving
government aid cannot be denied to any citizen on the ground of religion or
language.
c) All minorities have the right to establish and administer educational institution of
their choice.
Q.12. Why did Dr. Ambedkar call the right to constitutional remedies “the heart and soul of
our constitution”?
The fundamental rights in the constitution are important because they are enforceable.
We have a right to seek the enforcement of the rights. This s called the Right to
Constitutional Remedies.
a) This fundamental right makes other rights effective.
b) When any of our rights are violated we can seek remedy through courts.
c) If it is a fundamental right, we can directly approach the supreme court or the
High Court of the state.
That is why Dr. Ambedkar called the right to constitutional remedies, “the heart and
soul” of our constitution.
Q.13. How is the scope of rights expanding in India?
From time to time, the courts gave judgements to expand the scope of rights.
a) Certain rights like right to freedom of press, right to information and right to
education are derived from the fundamental rights.
b) The governments are responsible for providing free and compulsory education to
all children up to the age of 14 years.
c) Parliament has enacted a law giving the right to information to citizens.
d) We have a right to seek information from the government offices.
e) Recently the Supreme Court has expanded the meaning of the right to life to
include the right to food.
f) The right to property is not a fundamental right but it is a constitutional right.
g) Right to vote in election is an important constitutional right.
Q.14. Describe the International Covernment on Economic, social and cultural rights.
 The International Covenant on economic, social and cultural rights recognises many
rights that are not directly a part of the fundamental rights in the Indian constitution.
But human right activists all over the world see this as a standard of human rights.
These include:-
a) Right to work
b) Right to safe and healthy conditions, fair wages that can provide 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
f) Right to education.
Q.15. What are the citizens’ right in South Africa?
The constitution of South Africa guarantees its citizens several kinds of new rights:
a) Right to privacy
b) Right to an environment that is not harmful to their health of well-being.
c) Right to have access to adequate housing.
d) Right to have access to health care services, sufficient food and water: no one may
be refused emergency medical treatment.

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