NCERT Notes for Class 9 Social Science Political Science Chapter 5 Democratic Rights Notes
Chapter 5 Democratic Rights Notes NCERT Notes
Chapter Name | Democratic Rights Notes |
Class | CBSE Class 9 |
Textbook Name | Democratic Politics Class 9 |
Related Readings |
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Life Without Rights
- Let’s take 3 examples which will help you understand what it means to live in the absence of rights.
1. Prison in Guantanamo Bay
- About 600 people secretly picked up by the U.S. forces from all over the world were kept in a prison Guantanamo Bay. .
- Argument of U.S. government was that they were enemies of U.S. and linked to the attack on New York on 11 September 2001.
- Arrest was without any information or notice, their families also did not knew about that.
- No one was allowed to meet the prisoners, there was no trial before any magistrate.
- Amnesty International worked over this and highlighted the issue.
- N. secretary General said that the Prison should be closed down.
- S. government refuse to accept these pleas.
- This was the clear case of infringement of Fundamental Rights.
2. Citizens’ Rights in Saudi Arabia
- Case of Saudi Arabia and Position of the citizen with regard to their government.
- Rule of hereditary king, people have no rule in electing or changing there ruler.
- King selects the Legislature, executive and judiciary.
- Citizens cannot form political parties and media is also not free.
- No freedom of religion.
- Condition of women is worst. Subject to many restrictions. The testimony of one man is considered equal to that of two woman.
3. Ethnic Massacre in Kosovo
- Kosovo was province of Yugoslavia , the population composition of the province was majority Albanians but in country Serbs were in majority. Narrow minded Serbs nationalist leader Milosevic won the election.
- Hostile towards Albanians of Kosovo. They had a viewpoint that Albanian either leave the country or accept the dominance of the Serbs.
Meaning of Rights
- Rights are reasonable claims of persons recognized by society and sanctioned by law. Rights are necessary for the very sustenance of a democracy.
Why do we need rights in a democracy?
- People should have the right to express their opinion, form political parties and take part in the political activities. It is very necessary for the very sustenance of the democracy.
- Rights protect minorities from the oppression of the majority.
- Rights ensure freedom from the repressive laws and policies.
- Rights protect citizens from the excesses of the government machinery.
India’s Constitutional Rights
- Right to Equality
- Right to Freedom
- Right Against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
1. Right to Equality
- Government cannot deny an Indian citizen equal protection of laws.
- People cannot be discriminated on the basis of religion, sex, caste, place of birth, etc.
- Every citizen of India has the right to access all the public places such as temples, bathing ghats, roads, parks, restaurants, cinema halls, hotels, etc.
- Equal opportunities of employment are guaranteed to every Indian citizen.
- Equality does not mean giving equal treatment to everyone despite what they need. It means equal opportunity to everyone for attaining whatever one is capable of.
2. Right to Freedom
- The constitution of India provides all citizens the following rights (Ar.-19)
- Freedom of speech and expression
- Freedom of assembly in a peaceful manner
- Freedom to form associations or unions
- Freedom of movement throughout the country
- Freedom to reside in any part of the country
- Freedom to practice any profession, or to carry on any occupation, trade or business.
- You cannot exercise your freedom in such a manner that violates others’ right to freedom.
3. Right Against Exploitation
- Prohibition of ‘traffic in human beings’. Traffic here means selling and buying of human beings, usually women, for immoral purposes.
- Prohibition on forced labour or begar in any form. Begar is a practice where the worker is forced to render services to the ‘master’ free of charge or at a nominal remuneration.
- The Constitution bans child labour in any form.
4. Right to Freedom of Religion
- 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.
- Every religious group has the right to establish and maintain institutions for religious and charitable purposes, and to own and acquire movable and immovable property.
- 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 shll be compelled to take part in any religious instruction or to attend any religious worship.
5. Cultural and Educational Rights
- The constitution provides following cultural and educational rights of the minorities:
- Any section of citizens with a distinct language or culture has 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.
6. Right to Constitutional Remedies
- A Fundamental Right that makes other rights effective.
- When any fundamental right is violated, citizens can seek justice in courts.
- There can be no law that violates the Fundamental Rights of the Indian citizens. The Fundamental Rights are guaranteed against any action of the legislature, executive and other authorities of the government.
Note: “Dr. Bhim Rao Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of our constitution.”
Secularism
- India is a secular state. 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. Citizens have complete freedom to follow any religion. The constitution provides citizens comprehensive rights to profess, practice and propagate the religion he or she believes in. (Article- 25 to 28).
Secularism State
- A secular state is one that does not establish any one religion as official religion. India has no official religion.
- Indian secularism practices an attitude of a principled and equal distance from all religions. The state has to be neutral and impartial in dealing with all religions.
National Human Rights Commission
- An independent commission called National Human Rights Commission has been set up by law in 1993. It helps the victims secure their human rights especially fundamental rights.
What if someone violates our rights?
- 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. If it is a Fundamental Right, we can directly approach the Supreme Court or the High Court of a state.
- The Supreme Court and the 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.
New rights given in the Constitution of South Africa
- Right to privacy
- Right to clean Environment
- Right to have adequate housing
- Right to have access to health care services, sufficient food and water.