2. Introduction
Elections and Institutions
need to be combined with a
third element enjoyment of
rights - to make a
government democratic.
We will discuss some real
life cases to understand
what it means to live
without rights.
Thus look into the need of
fundamental rights and its
scope of expansion.
3. Life Without Rights
Rights provide the foundation upon which civilized human
society functions.
Without rights, a society will be reduced to a situation
where the mighty and the strong would gain precedence and
those power would have course of redressal in case of
personal injury, threat or harm to their life and liberty.
4. Prison in Guantanamo Bay,Cuba
About 600 people---world---secretly imprisoned by US
US govt claimed---links with 9/11---New York attack
Jamil El-Banna ---among them.
Families, media even UN not allowed to meet the prisoners
Prisoners treated very badly---not allowed to approach courts
Amnesty International---international human rights organization reported
---violation of US laws
No pleas from prisoners or UN was accepted by US
5. Citizen’s Rights in Saudi Arabia
Hereditary ruler
King only decides the three
organs of the government
Citizens have no right to form
association
People don’t have to speech and
expression
No right to freedom of religion
No right to women society.
6. Ethnic massacre in Kosovo
Kosovo---province from Yugoslavia
Majority Albanian population
But Serbs majority in the country
Milosevic---narrow minded Serb nationalist
won elections
Wanted Serb domination---expected
minorities like Albanians to either leave the
country or accept the dominance
In April 1999--- Batisha Hoxha ,74 & Izet,77--
- heard explosions
6 soldiers burst thru front door---shot Izet
thrice---pulled off her wedding ring---put her
out of house and set her house ablaze
This happened to thousands of Albanians
7. Rights In A Democracy
What are rights?
Rights are claims of a person over other follow beings, over the society and
over the government. So a right is possible when you make a claim that is
equally possible for others. Right acquire meaning only in society. 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 become the bases of
rights.
8. Why do we need rights in a democracy?
Rights are necessary for the very existence of democracy.
Every citizen has the right to participate in the democratic process.
Additionally, every citizen has the right to become the part of the
democratic government.
Rights protect the rights of the minorities against the majority.
Things can go wrong when some citizens try to take away the rights of
others.
9. Rights In The Indian Constitution
Certain rights are fundamental to our life and hence they are given special status
in the Constitution. Such rights are called Fundamental Rights.
Fundamental
Rights
Right to
Equality
Right to
Freedom
Right
Against
Exploitation
Right to
Freedom of
Religion
Cultural and
Educational
Rights
10. Right to Equality
The government shall not deny the right to equality before the law to any
person in India. Every Indian citizen; right from a poor landless labourer to
the Prime Minister; is equal in the eyes of the law of the land. The law of the
land does not discriminate between two persons on the basis of socio-
economic status or power.
Every citizen has equal access to public places and public facilities; like
temples, bathing Ghats, road, public toilets, community well, etc.
Every person gets the equal opportunity to compete for public jobs; like Civil
Services, defense services, etc. However, some provisions have been made to
give special preference to people from the SCs, STs, Women and OBCs.
Similarly, physically disabled are also given reservation in government jobs.
Untouchability; in any form has been banned and has been made a punishable
offence.
11. Right to Freedom
The Right to Freedom means, we can do whatever we want to do; without
interference from others; especially the government.
Right to
Freedom
Freedom of
speech and
expression
Freedom of
assembly in
a peaceful
manner
Freedom to
form
associations
and unions
Freedom to
move to
and reside
in any part
of country
Freedom to
carry out
any
profession
or business
12. Right Against Exploitation
This right mainly focuses on three
issues which are as follows:
Traffic in human beings: This
means the human beings cannot
be traded to be used as slaves
or to be used for immoral
purposes.
Bonded Labour: The constitution
has banned the forced labour or
beggar. If a person is forced to
work without pay or at nominal
pay, this is termed as Begar. If
the beggar continues for a long
period then it is known as bonded
labour.
Child Labour: Child labour has
been banned in the country. A
child below 14 years of age
cannot be employed in
hazardous works; like factories,
railway stations, highway
eateries, etc. Due to constant
efforts by the government,
there are now very few
instances of children working in
hazardous occupations;
firecracker factory, bangle
factory, etc.
13. Right to Freedom of Religion
The constitution gives the right to freedom of religion. As per this right, a person
is free to follow a religion of his or her choice. The government does not
interfere in the religious matter of its citizens. Every person has the right to
profess, practice and propagate his religion. Every religious group or sect is free
to manage its religious affairs. But a person cannot compel another person to
agree to a particular religion by any means. However, a person is free to convert
to any religion of his choice. Freedom of religion does not mean doing anything in
the name of religion.
14. Cultural and Educational Rights
Every minority group has the right to protect its unique culture and to propagate
its unique culture. If a minority group wants to impart education in its own
language, it is free to do so; in order to preserve the uniqueness of that language
and the related culture. The government run institutions cannot deny admission
to anybody on the grounds of religion or language.
15. How can we secure these rights?
Right to Constitutional Remedies:
When any of the fundamental rights is violated, the affected person has
the right to seek constitutional remedies. The person can go to the court
where his grievances could be addressed. No government organ; like the
executive, legislature or any government functionary; cannot violate the
fundamental rights of the citizens. In case of any violation of the
fundamental rights, a person can file Public Interest Litigation (PIL). PIL
is an instrument which allows anybody to knock at the doors of the
judiciary.
16. Expanding Scope of Rights
Times have changed drastically since the days when our Constitution was
written. Demands for many new fundamental rights have been coming up
time and again. Some of these demands have been included under the
scope of fundamental rights. For example; the Right to Education has
been included in the list recently. As per this right, every child has the
right to get elementary education. Similarly, RTI (Right to Information)
was enacted recently. Under RTI, anybody can demand information
regarding the functions of a government department or official. The RTI
has helped in bringing transparency in working of government
departments.
17. Expanding Scope of Rights
The constitution of South Africa guarantees its citizens several kinds of new
rights:
1. Right to privacy-searching homes, tapping phones & opening its
communication cannot be done
2. Right to healthy environment
3. Right to have access to adequate housing and health care services
4. Right to have sufficient food & water & emergency medical treatment
In India to we expect such rights along with minimum livelihood to be made
fundamental rights.