Learning Objective
- Life without Rights
- Rights in a Democracy
- Rights in the Indian Constitution
- Expanding Scope of Rights
Life without Rights
Prison in Guantanamo Bay
- Guantanamo Bay: US prison.
- 600 detainees: Worldwide.
- No due process: Allegedly.
- Linked to 9/11: US government claim
Citizens’ Rights in Saudi Arabia
- Hereditary King: Rules the country; citizens have no role in electing or changing rulers.
- King’s Selection: Chooses legislature and executive.
- No Political Parties: Citizens cannot form political organizations.
- Religious Freedom Absent: No freedom of religion.
- Women’s Restrictions: Subjected to public limitations.
Ethnic Massacre in Kosovo
- Yugoslavia: Split nation.
- Ethnic Makeup: Mostly Albanian, but Serbs were the majority.
- Milosevic: Serb nationalist leader.
- Hostile Government: Unfriendly toward Albanians.
- Serb Dominance: Wanted Serbs to rule.
- Albanians: Faced a choice: leave or accept Serb dominance.
Rights in a Democracy
Rights are claims that come with responsibilities. They are based on what society recognizes as reasonable and lawful. To be considered a right, a claim must meet three criteria:
- Reasonable: The claim should be sensible.
- Social Recognition: Society must acknowledge the claim.
- Legal Sanction: It should be supported by the law.
Why Do We Need Rights in a Democracy?
- Voting Rights: Every citizen can vote and run for office.
- Protecting Minorities: Rights shield minorities from majority oppression.
- Safety Net: Rights serve as guarantees during crises.
Rights in the Indian Constitution
Constitution provides for 6 Fundamental Rights
- Right to Constitutional Remedies
The Right to Constitutional Remedies empowers citizens to move to a court of law in case of any denial of their fundamental rights.
- Right to Equality
- Equal Treatment: The government ensures that everyone is treated equally under the law, regardless of their status.
- No Discrimination: Citizens cannot be discriminated against based on religion, race, caste, sex, or place of birth.
- Access to Public Places: All citizens have access to public places like shops, restaurants, hotels, and cinema halls.
- Equal Employment Opportunity: Citizens have equal opportunities for employment in government positions.
- Right to Freedom
- Freedom of speech and expression
- Assemble in a peaceful manner
- Form associations and unions
- Move freely throughout the country
- Reside in any part of the country
- Practice any profession or carry on any occupation, trade or business
- Right against Exploitation
- No Trafficking: The Constitution prohibits selling and buying of human beings, especially women, for immoral purposes.
- No Forced Labor: Forced labor (beggar) is illegal. Workers cannot be compelled to work without fair compensation.
- No Child Labor: Children under 14 cannot be employed in factories, mines, or hazardous work.
- Right to Freedom of Religion
- Religious Freedom: Every person has the right to practice and propagate their chosen religion.
- Secular State: India doesn’t favor any particular religion as the official one.
- Limits on Practices: Freedom of religion doesn’t allow harmful actions, like sacrificing animals or humans.
- Cultural and Educational Rights
- Preserving Culture: Citizens with a unique language or culture have the right to protect and maintain it.
- Equal Access: No citizen can be denied admission to government-funded educational institutions based on religion or language.
- Minority Institutions: All minorities can establish and manage their own educational institutions.
How Can We Secure These Rights?
- Seeking Justice: When our rights are violated, we can approach the courts for help.
- Essential Role: Dr. Ambedkar called it the “heart and soul” of our Constitution.
- Protection: Fundamental Rights are safeguarded against government actions.
- No Violations: No law or action should infringe upon these rights.
- Invalid Acts: If any law limits our rights, it is considered invalid.
Expanding Scope of Rights
- Fundamental Rights: Basis for all rights; courts expand their scope.
- Derived Rights: Freedom of Press, Right to Information, and Education.
- School Education: Now a right for Indian children up to age 14.
- Right to Food: Part of the expanded right to life.
- Other Constitutional Rights: E.g., Right to Property and Voting.
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