Chapter 5

Democratic Rights
 Table of contents
Life Without Rights

Rights In a Democracy

Rights In The Indian Democracy

Expanding Scope Of Rights

Chapter PDF
Life Without
Rights
Prison in Gunantanamo Bay
About 600 people were secretly picked up by the US forces from all
over the world and put in a prison in Guantanamo Bay, an area
near Cuba controlled by American Navy. Anas’s father, Jamil El-
Banna, was among them. The American government said that they
were enemies of the US and linked to the attack on New York on 11
September 2001. In most cases the governments of their countries
were not asked or even informed about their imprisonment. Like
other prisoners, El-Banna’s family got to know that he was in that
prison only through the media. Families of prisoners, media or even
UN representatives were not allowed to meet them. 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. Amnesty International, an international human rights
organization, collected information on the condition of the
prisoners in Guantanamo Bay and reported that the prisoners were
being tortured in ways that violated the US laws. They were being
denied the treatment that even prisoners of war must get as per
international treaties. Many prisoners had tried protesting against
these conditions by going on a hunger strike. Prisoners were not
released even after they were officially declared not guilty. An
independent inquiry by the UN supported these findings. The UN
Secretary General said the prison in Guantanamo Bay should be
closed down. The US government refused to accept these pleas.
Citizens’ Rights in Saudi Arabia
The case of Guantanamo Bay looks like an exception, for it
involves the government of one country denying rights to
citizens of another country. Let us therefore look at the case of
Saudi Arabia and the position of the citizens with regard to
their government. Consider these facts:
 The country is ruled by a hereditary king and the people
have no role in electing or changing their rulers.
 The king selects the legislature as well as the executive. He
appoints the judges and can change any of their decisions.
 Citizens cannot form political parties or any political
organizations. Media cannot report anything that the
monarch does not like.
 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.
 Women are subjected to many public restrictions. The
testimony of one man is considered equal to that of two
women.
This is true not just of Saudi Arabia. There are many countries
in the world where several of these conditions exist.
Ethnic massacre in Kosovo
You might think that this is possible in an absolute monarchy but
not in countries which choose their rulers. Just consider this story
from Kosovo. This was a province of Yugoslavia before its split. In
this province the population was overwhelmingly ethnic Albanian.
But in the entire country, Serbs were in majority. A narrow minded
Serb nationalist Milosevic (pronounced Milosevich) had won the
election. His government was very hostile to the Kosovo Albanians.
He wanted the Serbs to dominate the country. Many Serb leaders
thought that Ethnic minorities like Albanians should either leave
the country or accept the dominance of the Serbs. This is what
happened to an Albanian family in a town in Kosovo in April 1999:.
“74-year-old Batish Hoxha was sitting in her kitchen with her 77-
year–old husband, Izeta, staying warm by the stove. They had
heard explosions but did not realize that Serbian troops had
already entered the town. The next thing she knew, five or six
soldiers had burst through the front door and were demanding
“Where are your children?” “… they shot Izeta three times in the
chest” recalled Batish. With her husband dying before her, the
soldiers pulled the wedding ring off her finger and told her to get
out. “I was not even outside the gate when they burned the house”
… She was standing on the street in the rain with no house, no
husband, no possessions but the clothes she was wearing.” This
news report was typical of what happened to thousands of
Albanians in that period.
Ethnic massacre in Kosovo
Do remember that this massacre was being carried out by the
army of their own country, working under the direction of a
leader who came to power through democratic elections. This
was one of the worst instances of killings based on ethnic
prejudices in recent times. Finally several other countries
intervened to stop this massacre. Milosevic lost power and
was tried by the International Court of Justice for crimes
against humanity
Rights In a Democracy
You would perhaps desire a system where security, dignity and fair
play are assured to everyone. You might want, for example, that no
one should be arrested without proper reason and information. And
if someone is arrested, he or she should have a fair chance to defend
themselves. You might agree that such assurance cannot apply to
everything. One has to be reasonable in what one expects and
demands of everyone else, for one has to grant the same to everyone.
But you might insist that the assurance does not remain on paper,
that there is someone to enforce these assurances, that those who
violate these are punished. In other words, you might want a system
where at least a minimum is guaranteed to everyone – powerful or
What are rights?
weak, rich or poor, majority or minority. This is the spirit behind
thinking about rights.
Rights are claims of a person over other fellow beings, over the
society and over the government. All of us want to live happily,
without fear and without being subjected to degraded treatment.
For this we expect others to behave in such a way that does not
harm us or hurt us. Equally, our actions should not also harm or
hurt others. So a right is possible when you make a claim that is
equally possible for others. You cannot have a right that harms
or hurts others. You cannot have a right to play a game in such a
way that it breaks the neighbor's window. Thus, a right comes
with an obligation to respect other rights. Just because we
claim some thing it does not become our right. It has to be
recognized by the society we live in.
What are rights?
Every society makes certain rules to regulate our conduct. They
tell us what is right and what is wrong. What is recognized by
the society as rightful becomes the basis of rights. That is why
the notion of rights changes from time to time and society to
society. Two hundred years ago anyone who said that women
should have right to vote would have sounded strange. Today not
granting them vote in Saudi Arabia appears strange. When the
socially recognized claims are written into law they acquire real
force. Otherwise they remain merely as natural or moral rights.
The prisoners in Guantanamo Bay had a moral claim not to be
tortured or humiliated. But they could not go to anyone to
enforce this claim. When law recognizes some claims they
become enforceable. We can then demand their application.
When fellow citizens or the government do not respect these
rights we call it violation or infringement of our rights. In such
circumstances citizens can approach courts to protect their rights.
So, if we want to call any claim a right, it has to have these three
qualities. Rights are reasonable claims of persons recognized by
society and sanctioned by law.
Why do we need rights in a
democracy?
Rights 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. 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. Rights also perform a
very special role in a democracy.
Rights protect minorities from the oppression of majority.
They ensure that the majority cannot do whatever it likes.
Rights are guarantees which can be used when things go
wrong. Things may go wrong when some citizens may wish to
take away the rights of others. This usually happens when
those in majority want to dominate those in minority. The
government should protect the citizens’ rights in such a
situation.
But sometimes elected governments may not protect or may
even attack the rights of their own citizens. That is why some
rights need to be placed higher than the government, so that
the government cannot violate them. In most democracies
the basic rights of the citizen are written down in the
Rights In The Indian
Constitution
In India, like most other democracies in the world, these
rights are mentioned in the Constitution. Some rights which
are fundamental to our life are given a special status. They
are called Fundamental Rights. The constitution talks about
securing for all its citizens equality, liberty and justice.
Fundamental Rights put this promise into effect. They are an
important basic feature of India’s Constitution.
Right to Equality
The Constitution says that the 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 the rule of law.
Rule of law is the foundation of any democracy. It means
that no person is above the law. There cannot be any
distinction between a political leader, government official
and an ordinary citizen. Every citizen, from the Prime
Minister to a small farmer in a remote village, is subjected
to the same laws. No person can legally claim any special
treatment or privilege just because he or she happens to be
an important person.
Right to Equality
This basic position is further clarified in the Constitution by
spelling out some implications of the Right to Equality. The
government shall not discriminate against any citizen on
grounds only of religion, race, caste, sex or place of birth.
Every citizen shall have access to public places like shops,
restaurants, hotels, and cinema halls. Similarly, there shall
be no restriction 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.
The same principle applies to public jobs. All citizens have
equality of opportunity in matters relating to employment
or appointment to any position in the government. No
citizen shall be discriminated against or made ineligible for
employment on the grounds mentioned above.
Various governments have different schemes for giving
preference to women, poor or physically handicapped in
some kinds of jobs.

Are these reservations against the right to equality?

Right to Equality
Are these reservations against the right to equality?
They are not. For equality does not mean giving everyone
the same treatment, no matter what they need. Equality
means giving everyone an equal opportunity to achieve
whatever one is capable of. Sometimes it is necessary to give
special treatment to someone in order to ensure equal
opportunity. This is what job reservations do. Just to clarify
this, the Constitution says that reservations of this kind are
not a violation of the Right to Equality. The principle of
non-discrimination extends to social life as well. The
Constitution mentions one extreme form of social
discrimination, the practice of untouchability, and clearly
directs the government to put an end to it.
The practice of untouchability has been forbidden in any
form. Untouchability here does not only mean refusal to
touch people belonging to certain castes. It refers to any
belief or social practice which looks down upon people on
account of their birth with certain caste labels. Such
practice denies them interaction with others or access to
public places as equal citizens. So the Constitution made
Right to Freedom
Freedom means absence of constraints. In practical life it
means absence of interference in our affairs by others – be
it other individuals or the government. We want to live in
society, but we want to be free. We want to do things in the
way we want to do them. Others should not dictate us what
we should do. So, under the Indian Constitution all citizens
have the right to
• Freedom of speech and expression
• Assembly in a peaceful manner
• Form associations and unions
• Move freely throughout the country
• Reside in any part of the country
• Practice any profession, or to carry on any occupation,
trade or business

You should remember that every citizen has the right to all
these freedoms. That means you cannot exercise your
freedom in such a manner that violates others’ right to
freedom. Your freedoms should not cause public nuisance
or disorder. You are free to do everything which injures no
Right to Freedom
• 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. Even if a hundred people
think in one way, you should have the freedom to think
differently and express your views accordingly. You may
disagree with a policy of government or activities of an
association.

You are free to criticize the government or the activities of

the association in your conversations with parents, friends
and relatives. You may publicize your views through a
pamphlet, magazine or newspaper.
You can do it through paintings, poetry or songs. However,
you cannot use this freedom to instigate violence against
others.

Neither can you use it to defame others by saying false and

mean things that cause damage to a person’s reputation
Right to Freedom
• As citizens we have the freedom to travel to any part of
the country.

We are free to reside and settle in any part of the territory

of India.

Let us say a person who belongs to the state of Assam

wants to start a business in Hyderabad. He may not have
any connection with that city, he may not have even seen it
ever. Yet as a citizen of India he has the right to set up base
there

. This right allows lakhs of people to migrate from villages

to towns and from poorer regions of the countries to
prosperous regions and big cities. The same freedom
extends to choice of occupations. No one can force you to do
or not to do a certain job.

Women cannot be told that some kinds of occupations are

not for them. People from deprived castes cannot be kept to
Right to Freedom
• The Constitution says that no person can be deprived of
his life or personal liberty except according to procedure
established by law.

It means that no person can be killed unless the court has

ordered a death sentence. It also means that a government
or police officer cannot arrest or detain any citizen unless
he has proper legal justification. Even when they do, they
have to follow some procedures:

• A person who is arrested and detained in custody will

have to be informed of the reasons for such arrest and
detention.
• A person who is arrested and detained shall be
produced before the nearest magistrate within a period
of 24 hours of arrest.
• Such a person has the right to consult a lawyer or
engage a lawyer for his defense.
Right Against
Exploitation
Once the right to liberty and equality is granted, it follows
that every citizen has a right not to be exploited. The
Constitution mentions three specific evils and declares these
illegal.
First, the Constitution prohibits ‘traffic in human beings’.
Traffic here means selling and buying of human beings,
usually women, for immoral purposes.

Second, our Constitution also prohibits forced labor 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 labor.

Finally, the Constitution also prohibits child labor. 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.

Using this as a basis many laws have been made to prohibit

Right To Freedom To
Religion
Right to freedom includes right to freedom of religion as
well. Most people in India, like anywhere else in the world,
follow different religions. Some may not believe in any
religion.
Secularism is based on the idea that the state is concerned
only with relations among human beings, and not with the
relation between human beings and God. A secular state is
one that does not establish any one religion as official
religion. Indian secularism practices an attitude of a
principled and equal distance from all religions.
Every person has a right to profess, practice and propagate
the religion he or she believes in. Every religious group or
sect is free to manage its religious affairs. A right to
propagate one’s religion, however, does not mean that a
person has right to compel another person to convert into
his religion by means of force, fraud, inducement or
allurement.
Of course, a person is free to change religion on his or her
own will. Freedom to practice religion does not mean that a
Right To Freedom To
Religion
one cannot sacrifice animals or human beings as offerings
to supernatural forces or gods. Religious practices which
treat women as inferior or those that infringe women’s
freedom are not allowed.

A secular state is one that does not confer any privilege or

favor on any particular religion. Nor does it punish or
discriminate against people on the basis of religion they
follow.
Thus the government cannot compel any person to pay any
taxes for the promotion or maintenance of any particular
religion or religious institution.
There shall be no religious instruction in the government
educational institutions. In educational institutions
managed by private bodies no person shall be compelled to
take part in any religious instruction or to attend any
religious worship.
Cultural and
Educational Rights
A simple reason that the working of democracy gives power to
the majority. It is the language, culture and religion of
minorities that needs special protection. Otherwise, they may
get neglected or undermined under the impact of the
language, religion and culture of the majority. That is why
the Constitution specifies the cultural and educational rights of
the minorities:
• Any section of citizens with a distinct language or culture
have a right to conserve it.
• 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.
• 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; people speaking a different language are in a
minority. For example, Telugu speaking people form a
majority in Andhra Pradesh. But they are a minority in the
How can we secure these
rights?
If rights are like guarantees, they are of no use if there is no
one to honor them. The fundamental rights in the
Constitution are important because they are enforceable.
We have a right to seek the enforcement of the above
mentioned rights. This is called the Right to Constitutional
Remedies.
. This right makes other rights effective. It is possible that
sometimes our rights may be violated by fellow citizens,
private bodies or by the government. When any of our
rights are violated we can seek remedy through courts.
That is why Dr. Ambedkar called the Right to
Constitutional Remedies, ‘the heart and soul’ of our
Constitution.
Fundamental Rights are guaranteed against the actions of
the Legislatures, the Executive, and any other authorities
instituted by the government. There can be no law or action
that violates the Fundamental Rights. If any act of the
Legislature or the Executive takes away or limits any of the
Fundamental Rights it will be invalid. We can challenge
How can we secure these
rights?
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 the Fundamental Rights. They can also award
compensation to the victims and punishment to the violators.
In case of any violation of a Fundamental Right the aggrieved
person can go to a court for remedy.
But now, any person can go to court against the violation of
the Fundamental Right, if it is of social or public interest. It is
called Public Interest Litigation (PIL).
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.
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
We began this chapter by discussing the significance of rights.
While Fundamental Rights are the source of all rights, our
Constitution and law offers a wider range of rights. Over the
years the scope of rights has expanded. Sometimes it leads to
expansion in the legal rights that the citizen can enjoy. From
time to time, the courts gave judgments to expand the scope of
rights. Certain rights like right to freedom of press, right to
information, and right to education are derived from the
Fundamental Rights. Now school education has become a right
for Indian citizens.
The governments are responsible for providing free and
compulsory education to all children up to the 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.
Recently the Supreme Court has expanded the meaning of the
right to life to include the right to food. Also, rights are not
limited only to Fundamental Rights as enumerated in the
Constitution. Constitution provides many more rights, which
may not be Fundamental Rights.
For example the right to property is not a Fundamental Right
Sometimes the expansion takes place in what is called
human rights. These are universal moral claims that may
or may not have been recognized by law. With the
expansion of democracy all over the world, there is greater
pressure on governments to accept these claim. Some
international covenants have also contributed to the
expansion of rights.
New rights emerge as societies develop or as new
constitutions are made. The Constitution of South Africa
guarantees its citizens several kinds of new rights:
• Right to privacy, so that citizens or their home cannot
be searched, their phones cannot be tapped, their
communication cannot be opened.\
• Right to an environment that is not harmful to their
health or wellbeing;
• 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.
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