CHAPTER-5

DEMOCRATIC RIGHTS

Question1- What was Amnesty International’s report regarding the prisoners in

Guantanamo Bay? State the condition of prisoners according to the report of
Amnesty International in Guantanamo Bay.

Answer: Amensty International which is an international human rights organisation,

collected information in Guantanamo Bay and reported:

● Families of prisoners, media or even UN representatives were not

allowed to meet these prisoners. The US army arrested them,
interrogated them and decided whether to keep them there or not.
● There was no trial before any magistrate in the US. Nor could these
prisoners approach courts in their own country.
● The prisoners were being tortured in ways that violated United States
Laws.
● They were being denied the treatment that even prisoners of war must
get as per international treaties.
● Prisoners were not released even after they were officially declared not
guilty.

Question2- Compare the situation of India and Saudi Arabia in terms of right to
freedom in both the countries.
Answer:

● The country is ruled by a hereditary king, and the people have no role in
electing or changing their rulers; rather, in India, people elect their
representatives with universal adult franchise.
There is no freedom of religion in Saudi Arabia. Every citizen is required to be
Muslim. Non-Muslim residents can follow their religion in private, but not in
public. However, India is a secular country. The Constitution gives all
individuals and communities the freedom to profess, practice, and propagate
any religion, or not to follow any. The Constitution does not declare any
religion as the official religion of the country. ​
● Women are subjected to many public restrictions. The testimony of one man
is considered equal to that of two women. However, in India, women and men
enjoy equal rights.
Question3- What are Rights? Why do we need rights in a democracy ?

Answer- Rights are reasonable creams of persons recognised by society and

sanctioned by law.
We need rights in a democracy due to following reason:
● Rights are necessary for the existence of democracy. Every citizen has the
right to participate in the democratic process.
● Every citizen has the right to become the part of the Democratic government.
Every citizen has a right to be elected to government.
● For democratic elections to be held, it is necessary that the citizens should
have the right to express their opinion, form political parties and take part in
political activities
● Rights protect minorities from the operation of the majority. They ensure that
the major majority cannot do whatever it likes. Things can go wrong when
some citizens try to take away the rights of others.

Question4- Describe the right equality as granted under the Constitution of

India. What are various exceptions to it?
Answer- a) Main features of the right to quality are as mentioned below main
features of the right to quality are as mentioned below-
1. Equal before law and equal protection of laws
2. No discrimination on account of religion, caste, sex etc.
3. Access of all to public places like shops, cinema halls, etc Axis of all to public
places like shops, cinema halls, etc.
4. No restriction on use of wells, bathing ghats etc.
5. Equal opportunity in matters of employment or appointment in the
government.
6. Abolition of untouchability.
7. Abolition of titles except provided on account of academic, and military
distinction.
b) Exceptions-
1. Reservation for SC/ST reservation for SC/ST.
2. Preference to women or physically handicapped.
3. Special treatment to ensure equal opportunity.

Question5- what are the limitations of the right to freedom?

Answer- Limitations of the right to freedom are:
1. Freedom to speech and expression:- Not to incite people to rebel against the
government and to defame others by false statements.
2. Freedom of assembly:- Only peaceful meetings are allowed and without
weapons.
3. Freedom to form associations:- There should be no anti-association or
activities.
4. Freedom to practice any profession:- No unethical profession.
 5. Personal liberty:- Arrest only after following a prescribed procedure e.g., if a
person is arrested/detained, he shall be produced before a magistrate within
24 hours of arrest.

Question6- Explain the right against exploitation?

Answer- Under this right three practises as mentioned below have been
declared illegal-
● It prohibits ‘traffic in human beings’ i.e.,selling and buying of human
beings,usually women for immoral purposes.
● It prohibits forced labour or begar in any form. No worker can be forced to
work free of charge or at a nominal remuneration.
● It 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. Under this right laws have been passed to prohibit children from
working in industries such as Beedi making, firecrackers and matches,
printing and dyeing.

Question7- Explain the right to freedom of Religion.

Answer- India is a secular state. It observes an attitude of neutrality and impartiality
towards all religions. Although the right to freedom of religion has been included
under the right to freedom but the Constitution makers were very particular about it.
So they have mentioned it separately as well.
The right to freedom of religion includes the following rights:
● Right to profess practice and propagate the religion of choice.
● No conversion of religion by force.
● Religious practices such as the sacrifice of animals are not allowed.
● Government cannot compel any person to pay any taxes for the promotion or
maintenance of any religion or religious institutions. There shall be no
religious instruction in any government, educational institutions.

Question8- Why the Constitution makers were particular in providing written

guarantees of the rights of the minorities? Describe the various cultural and
educational rights?
Answer- The Constitution makers were particular in providing rights to the minorities
because the working of democracy gives power to the majority. It is the language,
culture and religion of minorities that needs special protection. In the absence of
such protection they may get neglected by the majority. Thus, it is necessary to
protect their language, religion and culture.
These rights are as given below:
1. Any section of citizens with a distinct language or culture have a right to
conserve it
2. Admission to any educational institution maintained by the government or
receiving government aid cannot be denied to any citizen on the ground of
religion or language Admission of an 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.
3. All minorities have the right to establish and administer educational institution
of their choice.
Question9- Dr Ambedkar called the Right to Constitutional Remedies, “the
heart and soul of our constitution”. Give reason.
Answer-

● It is through this right that all other fundamental rights are safeguarded
and arbitrary actions by the state are checked.
● Under this right, a citizen is entitled to move the Supreme Court, any
High Court, or any other courts so authorised if his or her fundamental
right (or rights) is encroached upon, abridged, or snatched away by the
state, an individual, or a body of persons. The courts are empowered to
issue orders, directions, and writs to the concerned to protect the rights
of the complainant.

Question9- Explain how the scope of rights has been expanded in recent
times.
Answer- The scope of rights has been expanded in the following ways:
● The court judgements have expanded the scope e.g., the Supreme
Court has expanded the right to life to include the right to food also.
● The Parliament has enacted a law giving the right to information.
● International covenants have recognised some rights such as right to
work and healthy working conditions.
● The Constitution of South Africa has granted some new rights e.g.,
rights to privacy, right to an environment that is not harmful to the
health of the people Constitution of South Africa has granted some new
rights right to privacy, right to an environment that is not harmful to
health of the people.