Democratic Rights - Long Answer Questions
Claims of a person over other fellow beings, over the society, and over the government. Recognized by society and sanctioned by law.
US imprisoned 600 people secretly without trial (after 9/11). violated rights. US courts had no say initially. Rights denied.
6 Essential rights guaranteed by the Indian Constitution. 1. Equality. 2. Freedom. 3. Exploitation. 4. Religion. 5. Cultural/Edu. 6. Remedies.
Equality before law. No discrimination on grounds of religion, race, caste, sex, place of birth. Equality of opportunity in jobs. Abolition of Untouchability.
Speech/expression, Assembly (peaceful), Association, Movement, Residence, Profession.
Detaining a person if there is a threat they might commit a crime. distinct from arrest after crime.
Prohibits 'traffic in human beings' (selling people), 'begar' (forced labour), and child labour (under 14).
India is secular. Every person has right to profess, practice, and propagate any religion.
Minorities (language/religion) have right to conserve their culture and establish educational institutions.
Article 32. Using this, citizens can go to SC/HC if their fundamental rights are violated. Dr. Ambedkar called it 'Heart and Soul'.
National Human Rights Commission. Independent body set up in 1993 to protect human rights.
Citizens have right to seek information from government offices.
Fundamental right for children 6-14 years to get free and compulsory education (Article 21A).
It is not absolute. Cannot incite violence, defamation, or threaten sovereignty.
A writ (order) by court to produce the detained person and free them if detention is illegal.
Serb majority massacred Albanian minority. Shows need for rights in democracy.
The Supreme Court and High Courts.
Public Interest Litigation. Allows anyone to file case for public cause.
State has no religion. Treats all equally.
Yes, during National Emergency (except Article 20 and 21).
Democratic Rights - Important Facts
Rights are reasonable claims.
Constitution is the guarantee of rights.
Rule of Law applies to all.
Untouchability is a crime.
Begar is forced labour without pay.
Child labour banned in hazardous industries.
Freedom to propagate does not mean forced conversion.
Dr. Ambedkar calls Article 32 Heart & Soul.
Writs: Habeas Corpus, Mandamus, Quo Warranto, etc.
South Africa constitution gives extensive rights.
Right to Privacy is now a fundamental right.
Right to Food/Livelihood included in Art 21.
Amnesty International highlights violations.
Rights protect against 'Tyranny of Majority'.
Fundamental Duties (Art 51A) added in 1976.
Rights are not unlimited (Reasonable Restrictions).
Freedom of Press is part of Freedom of Speech.
Reservation is not violation of Right to Equality (it promotes equality).
NHRC inquiries into custodial deaths.
Democratic Rights - Important Dates/Terms
NHRC set up
RTI Act
RTE Act