Democratic Rights PDF

CHAPTER 6 DEMOCRATIC RIGHTS OVERVIEW In the previous two chapters we have looked at two major elements of a democratic government. In Chapter Four we saw how a democratic government has to be periodically elected by the people in a free and fair manner. In Chapter Five we learnt that a democracy m...

CHAPTER 6 DEMOCRATIC RIGHTS OVERVIEW In the previous two chapters we have looked at two major elements of a democratic government. In Chapter Four we saw how a democratic government has to be periodically elected by the people in a free and fair manner. In Chapter Five we learnt that a democracy must be based on institutions that follow certain rules and procedures. These elements are necessary but not sufficient for a democracy. Elections and institutions need to be combined with a third element – enjoyment of rights – to make a government democratic. Even the most properly elected rulers working through the established institutional process must learn not to cross some limits. Citizens’ democratic rights set those limits in a democracy. This is what we take up in this final chapter of the book. We begin by discussing some real life cases to imagine what it means to live without rights. This leads to a discussion on what we mean by rights and why do we need them. As in the previous chapters, the general discussion is followed by a focus on India. We discuss one by one the Fundamental Rights in the Indian Constitution. Then we turn to how these rights can be used by ordinary citizens. Who will protect and enforce them? Finally we take a look at how the scope of rights has been expanding. 96 D EMOCRAT IC POLITIC S  6. 1 LIFE W I T HO U T R IG H TS In this book we have mentioned Chapter Three: Our Constitution rights again and again. If you makers believed that fundamental remember, we have discussed rights rights were quite central to the in each of the five preceding Constitution because … chapters. Can you fill in the blanks Chapter Four: Every adult citizen of by recalling the rights dimension in India has the right to... and to be... each chapter? Chapter Five: If a law is against the Chapter One: Chile under Pinochet Constitution, every citizen has the and Poland under Jaruzelsky were right to approach … not democratic because … Let us now begin with three Chapter Two: A comprehensive examples of what it means to live in definition of democracy includes … the absence of rights. P r i s o n i n Gu a nt a n a m o Ba y About 600 people were secretly Dear Mr Tony Blair, picked up by the US forces from all over the world and put in a prison Firstly, how are you? I sent a in Guantanamo Bay, an area near letter two years ago, why didn’t Cuba controlled by Amercian Navy. you reply?!? I was waiting for a Anas’s father, Jamil El-Banna, was long time but you did not reply. among them. The American Please can you give me an answer government said that they were to my question? Why is my dad in enemies of the US and linked to the prison? Why is he far away in attack on New York on 11 that Guantánamo Bay?! I miss my September 2001. In most cases the dad so much. I have not seen my governments of their countries were dad for three years. I know my not asked or even informed about dad has not done anything, their imprisonment. Like other because he is a good man. I hear prisoners, El-Banna’s family got to everybody speak about my dad in know that he was in that prison only a nice way. Your children spend through the media. Families of Christmas with you, but me and prisoners, media or even UN my brothers, and sisters have representatives were not allowed to spent Eid alone without our dad meet them. The US army arrested for 3 years. What do you think them, interrogated them and about that? decided whether to keep them there I hope you will answer me this or not. There was no trial before any time. magistrate in the US. Nor could Thank you, these prisoners approach courts in their own country. From: Anas Jamil El-Banna, Amnesty International, an 9 years old. international human rights 7/12/2005 organisation, 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 D EMOCRAT IC RIGHTS 97 were being denied the treatment that E t h n i c m a s s a c re i n Ko s ov o even prisoners of war must get as per You might think that this is possible international treaties. Many prisoners in an absolute monarchy but not had tried protesting against these in countries which choose their conditions by going on a hunger rulers. Just consider this story from strike. Prisoners were not released Kosovo. This was a province of even after they were officially declared Yugoslavia before its split. In this not guilty. An independent inquiry province the population was by the UN supported these findings. overwhelmingly ethnic Albanian. If you were a Serb, The UN Secretary General said the But in the entire country, Serbs would you support prison in Guantanamo Bay should be closed down. The US government were in majority. A narrow minded what Milosevic did Serb nationalist Milosevic in Kosovo? Do you refused to accept these pleas. (pronounced Miloshevich) had won think his project of the election. His government was establishing Serb C i t i ze n s’ R i g ht s i n dominance was S a u d i Ar a b i a very hostile to the Kosovo good for the The case of Guantanamo Bay looks Albanians. He wanted the Serbs to Serbs? like an exception, for it involves the dominate the country. Many Serb government of one country denying leaders thought that Ethnic rights to citizens of another country. minorities like Albanians should Let us therefore look at the case of either leave the country or accept Saudi Arabia and the position of the the dominance of the Serbs. citizens with regard to their This is what happened to an government. Consider these facts: Albanian family in a town in Kosovo  The country is ruled by a in April 1999: hereditary king and the people 74-year-old Batisha Hoxha was have no role in electing or sitting in her kitchen with her 77- changing their rulers. year–old husband Izet, staying warm  The king selects the legislature as by the stove. They had heard well as the executive. He appoints explosions but did not realise that the judges and can change any of Serbian troops had already entered their decisions. the town. The next thing she knew,  Citizens cannot form political par- five or six soldiers had burst through ties or any political organisations. the front door and were demanding Media cannot report anything that “Where are your children?” the monarch does not like. “… they shot Izet three times in the chest”  There is no freedom of religion. recalls Batisha. With her husband Every citizen is required to be Muslim. Non-Muslim residents dying before her, the soldiers pulled can follow their religion in private, the wedding ring off her finger and but not in public. told her to get out. “I was not even  Women are subjected to many outside the gate when they burnt the public restrictions. The testimony house” … She was standing on the of one man is considered equal to street in the rain with no house, no that of two women. husband, no possessions but the This is true not just of Saudi clothes she was wearing. Arabia. There are many countries in This news report was typical of the world where several of these what happened to thousands of conditions exist. Albanians in that period. Do 98 D EMOCRAT IC POLITIC S  remember that this massacre was being carried out by the army of their own country, working under A C T I V I T Y the direction of a leader who came to power through democratic  Write a letter to Anas Jamil in UK, describing elections. This was one of the worst your reactions after reading his letter to Tony instances of killings based on ethnic Blair. prejudices in recent times. Finally  Write a letter from Batisha in Kosovo to a several other countries intervened woman who faced a similar situation in to stop this massacre. Milosevic lost India. power and was tried by the  Write a memorandum on behalf of women in International Court of Justice for Saudi Arabia to the Secretary General of the crimes against humanity. United Nations. For each of the three cases of life without rights, mention an example from India. These could include the following:  Newspaper reports on custodial violence. CHECK  Newspaper reports on force-feeding of prisoners who go on hunger strike.  Ethnic massacre in any part of our country. YOUR  Reports regarding unequal treatment of women. PROGRESS List the similarities and differences between the earlier case and the Indian example. It is not necessary that for each of these cases you must find an exact Indian parallel. 6. 2 RI G H T S I N A D E M O C R A C Y Think of all the examples that we everything. One has to be reasonable have discussed so far. Think of the in what one expects and demands of victims in each example: the everyone else, for one has to grant prisoners in Guantanamo Bay, the same to everyone. But you might women in Saudi Arabia, Albanians insist that the assurance does not in Kosovo. If you were in their remain on paper, that there is position, what would you have someone to enforce these wished? If you could, what would assurances, that those who violate you do to ensure that such things these are punished. In other words, do not happen to anyone? you might want a system where at You would perhaps desire a least a minimum is guaranteed to system where security, dignity and everyone – powerful or weak, rich fair play are assured to everyone. or poor, majority or minority. This You might want, for example, that is the spirit behind thinking about no one should be arrested without rights. proper reason and information. And if someone is arrested, he or she What are rights? should have a fair chance to defend Rights are claims of a person over themselves. You might agree that other fellow beings, over the society such assurance cannot apply to and over the government. All of us D EMOCRAT IC RIGHTS 99 want to live happily, without fear enforceable. We can then demand and without being subjected to their application. When fellow degraded treatment. For this we citizens or the government do not expect others to behave in such a respect these rights we call it way that does not harm us or hurt violation or infringement of our us. Equally, our actions should not rights. In such circumstances also harm or hurt others. So a right citizens can approach courts to is possible when you make a claim protect their rights. So, if we want What are the that is equally possible for others. to call any claim a right, it has to examples of You cannot have a right that harms have these three qualities. Rights elected or hurts others. You cannot have a are reasonable claims of persons governments not right to play a game in such a way recognised by society and protecting or even that it breaks the neighbour’s sanctioned by law. attacking the rights window. The Serbs in Yugoslavia of their own could not have claimed the whole W h y d o we n e ed ri g ht s i n a citizens? Why do country for themselves. The claims d e m o c ra c y ? they do that? we make should be reasonable. Rights are necessary for the very They should be such that can be sustenance of a democracy. In a made available to others in an equal democracy every citizen has to have measure. Thus, a right comes with the right to vote and the right to an obligation to respect other rights. be elected to government. For Just because we claim some thing democratic elections to take place, it it does not become our right. It has is necessary that citizens should to be recognised by the society we have the right to express their live in. Rights acquire meaning only opinion, form political parties and in society. Every society makes take part in political activities. certain rules to regulate our Rights also perform a very special conduct. They tell us what is right role in a democracy. Rights protect and what is wrong. What is minorities from the oppression of recognised by the society as rightful majority. They ensure that the becomes the basis of rights. That is majority cannot do whatever it likes. why the notion of rights changes Rights are guarantees which can be from time to time and society to used when things go wrong. Things society. Two hundred years ago may go wrong when some citizens anyone who said that women should may wish to take away the rights of have right to vote would have others. This usually happens when sounded strange. Today not granting those in majority want to dominate them vote in Saudi Arabia appears those in minority. The government strange. should protect the citizens’ rights in When the socially recognised such a situation. But sometimes claims are written into law they elected governments may not acquire real force. Otherwise they protect or may even attack the rights remain merely as natural or moral of their own citizens. That is why rights. The prisoners in some rights need to be placed higher Guantanamo Bay had a moral claim than the government, so that the not to be tortured or humiliated. But government cannot violate them. In they could not go to anyone to most democracies the basic rights enforce this claim. When law of the citizen are written down in the recognises some claims they become constitution. 100 D EMOCRAT IC POLITIC S  6. 3 RIGHTS IN THE INDIAN CONSTITUTION In India, like most other R i g ht to Eq u a l i ty democracies in the world, these The Constitution says that the rights are mentioned in the government shall not deny to any Constitution. Some rights which are person in India equality before the law fundamental to our life are given a or the equal protection of the laws. It special status. They are called means that the laws apply in the same Fundamental Rights. We have manner to all, regardless of a person’s already read in Chapter Three the status. This is called the rule of law. preamble to our Constitution. It Rule of law is the foundation of any talks about securing for all its democracy. It means that no person citizens equality, liberty and justice. is above the law. There cannot be any Fundamental Rights put this distinction between a political leader, promise into effect. They are an government official and an ordinary important basic feature of India’s citizen. Everyone knows Constitution. Every citizen, from the Prime that the rich can You already know our Constitution Minister to a small farmer in a remote have better lawyers provides for six Fundamental Rights. village, is subjected to the same laws. in the courts. What Can you recall these? What exactly No person can legally claim any is the point in do these rights mean for an ordinary special treatment or privilege just talking about because he or she happens to be an citizen? Let us look at these one by equality before important person. For example, a few one.  law? years ago a former Prime Minister of the country faced a court case on charges of cheating. The court finally Cultural declared that he was not guilty. But and as long as the case continued, he had Educa- to go to the court, give evidence and tional file papers, just like any other citizen. Right Right to Rights This basic position is further against Freedom clarified in the Constitution by Exploitation of Religion spelling out some implications of the Right to Equality. The government shall not discriminate against any citizen on grounds only of religion, F U N D A M E N T A L R I G H T S 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, Right to Right to roads, playgrounds and places of Equality Freedom public resorts maintained by Right to Constitu- government or dedicated to the use tional of general public. This might appear Remedies very obvious, but it was necessary to D EMOCRAT IC RIGHTS 101 incorporate these rights in the Constitution of our country where the traditional caste system did not allow people from some communities to access all public places. 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. You have read in Chapter Five that the Government of India has provided reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes. Various governments have different schemes for giving preference to women, poor or physically handicapped in some kinds of jobs. Are these reservations against the A C T I V I T Y right to equality? They are not. For equality does not mean giving  Go to the playground of the school or any sta- everyone the same treatment, no dium and watch a 400 metre race on any track. matter what they need. Equality Why are the competitors in the outer lane placed means giving everyone an equal ahead of those in the inner lane at the starting opportunity to achieve whatever one point of the race? What would happen if all the is capable of. Sometimes it is competitors start the race from the same line? necessary to give special treatment Which of these two would be an equal and fair to someone in order to ensure equal race? Apply this example to a competition for opportunity. This is what job jobs. reservations do. Just to clarify this,  Observe any big public building. Is there a ramp the Constitution says that for physically handicapped? Are there any other reservations of this kind are not a facilities that make it possible for physically violation of the Right to Equality. handicapped to use the building in the same The principle of non-discrimination way as any one else? Should these special fa- extends to social life as well. The cilities be provided, if it leads to extra expendi- Constitution mentions one extreme ture on the building? Do these special provi- form of social discrimination, the sions go against the principle of equality? practice of untouchability, and clearly directs the government to put practice which looks down upon an end to it. The practice of people on account of their birth with untouchability has been forbidden certain caste labels. Such practice in any form. Untouchability here denies them interaction with others does not only mean refusal to touch or access to public places as equal people belonging to certain castes. citizens. So the Constitution made It refers to any belief or social untouchability a punishable offence. 102 D EMOCRAT IC POLITIC S  Many Forms of Untouchability manner that violates others’ right to freedom. Your freedoms should not In 1999, P. Sainath wrote a series of newsreports cause public nuisance or disorder. in The Hindu describing untouchability and caste You are free to do everything which discrimination that was still being practiced injures no one else. Freedom is not against Dalits or persons belonging to Scheduled unlimited license to do what one Castes. He travelled to various parts of the coun- wants. Accordingly, the government try and found that in many places: can impose certain reasonable  Tea stalls kept two kinds of cups, one for Dalits restrictions on our freedoms in the one for others; larger interests of the society  Barbers refused to serve dalit clients; Freedom of speech and  Dalit students were made to sit separately in the expression is one of the essential classroom or drink water from separate picher; features of any democracy. Our ideas  Dalit grooms were not allowed to ride a horse and personality develop only when we in the wedding procession; and are able to freely communicate with  Dalits were not allowed to use common others. You may think differently handpump or if they did, the handpump was from others. Even if a hundred washed to purify it. people think in one way, you should have the freedom to think differently All these fall under the definition of untouchability. and express your views accordingly. Can you think of some examples from your own You may disagree with a policy of area? government or activities of an association. You are free to criticise R i g ht to Fr e ed o m the government or the activities of Freedom means absence of the association in your constraints. In practical life it means conversations with parents, friends absence of interference in our affairs and relatives. You may publicise by others – be it other individuals your views through a pamphlet, or the government. We want to live magazine or newspaper. You can do in society, but we want to be free. it through paintings, poetry or We want to do things in the way we songs. However, you cannot use this want to do them. Others should not freedom to instigate violence against dictate us what we should do. So, others. You cannot use it to incite under the Indian Constitution all people to rebel against government. citizens have the right to  Freedom of speech and expression Irfan Khan  Assembly in a peaceful manner  Form associations and unions  Move freely throughout the country Should the  Reside in any part of the country, freedom of expression be and extended to those  Practice any profession, or to carry who are spreading on any occupation, trade or wrong and narrow- business. minded ideas? You should remember that every Should they be citizen has the right to all these allowed to confuse freedoms. That means you cannot the public? exercise your freedom in such a D EMOCRAT IC RIGHTS 103 Neither can you use it to defame others by saying false and mean things that cause damage to a person’s reputation. Citizens have the freedom to hold meetings, processions, rallies and demonstrations on any issue. They may want to discuss a problem, exchange ideas, mobilise public support to a cause, or seek votes for a candidate or party in an Irfan Khan election. But such meetings have to be peaceful. They should not lead to public disorder or breach of peace procedure established by law. It in society. Those who participate in means that no person can be killed these activities and meetings should unless the court has ordered a death not carry weapons with them. sentence. It also means that a Citizens also can form associations. government or police officer can For example workers in a factory can arrest or detain any citizen unless form a workers’ union to promote he has proper legal justification. their interests. Some people in a Even when they do, they have to town may come together to form an follow some procedures: association to campaign against  A person who is arrested and corruption or pollution. detained in custody will have to be As citizens we have the freedom to informed of the reasons for such travel to any part of the country. arrest and detention. We are free to reside and settle in any  A person who is arrested and party of the territory of India. Let us detained shall be produced before say a person who belongs to the state the nearest magistrate within a of Assam wants to start a business period of 24 hours of arrest. in Hyderabad. He may not have any  Such a person has the right to connection with that city, he may not consult a lawyer or engage a have even seen it ever. Yet as a citizen lawyer for his defence. 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 their traditional occupations. The Constitution says that no Irfan Khan person can be deprived of his life or personal liberty except according to 104 D EMOCRAT IC POLITIC S  Let us recall the cases of threat to the most basic of all liberties, Guantanamo Bay and Kosovo. The the protection of individual life and victims in both these cases faced a personal liberty. Are these cases instances of violation of right to freedom? If yes, which constitutional provision does each of these violate?  The government of India banned Salman Rushdie’s book Satanic Verses on the ground that it was CHECK disrespectful to Prophet Mohammed and was likely to hurt the feelings of Muslim community.  Every film has to be approved by the Censor Board of the government before it can be shown to YOUR the public. But there is no such restriction if the same story is published in a book or a magazine. PROGRESS  The government is considering a proposal that there will be industrial zones or sectors of economy where workers will not be allowed to form unions or go on strike.  City administration has imposed a ban on use of public microphones after 10 p.m. in view of the approaching secondary school examinations. R i g h t a g a i n s t E x p l o i t at i o n any form. Begar is a practice where Once the right to liberty and equality the worker is forced to render service is granted, it follows that every to the ‘master’ free of charge or at a citizen has a right not to be nominal remuneration. When this exploited. Yet the Constitution practice takes place on a life-long makers thought is was necessary to basis, it is called the practice of write down certain clear provisions bonded labour. to prevent exploitation of the weaker Finally, the Constitution also sections of the society. prohibits child labour. No one can The Constitution mentions three employ a child below the age of specific evils and declares these fourteen to work in any factory or illegal. First, the Constitution mine or in any other hazardous prohibits ‘traffic in human beings’. work, such as railways and ports. Traffic here means selling and Using this as a basis many laws have buying of human beings, usually been made to prohibit children from women, for immoral purposes. working in industries such as beedi Second, our Constitution also making, firecrackers and matches, CHECK prohibits forced labour or begar in printing and dyeing. YOUR On the basis of these news reports write a letter to the editor or a petition to a court highlighting the PROGRESS violation of right against exploitation: The latest annual survey A petition was filed in the Children, from the age of five, conducted by the National Madras High Court. The were employed in the iron ore Sample Survey Organisation mines in the Hospet, Sandur and petitioner said a large number found that the number of female the Ikal areas in Karnataka. of children aged between child labourers was growing both Children were forced to carry out seven and 12 were taken from digging, breaking stones, loading, in rural and urban areas. The villages in Salem district and dumping, transporting and survey revealed there were 41 sold at auctions at Olur Nagar processing of iron ore with no female child labourers per in Kerala’s Thrissur district. safety equipment, fixed wages and thousand worker population in The petitioner requested the working hours. They handled a rural areas as against the courts to order the government high-level of toxic wastes and previous figure of 34 per to check these facts. were exposed to mine dust, which thousand. The figure for male (March 2005) was above the permissible level. child had remained at 31. (April The school dropout rate in the 2005) region was very high. (May 2005) D EMOCRAT IC RIGHTS 105  religion. For example, one cannot sacrifice animals or human beings A C T I V I T Y as offerings to supernatural forces or gods. Religious practices which Do you know what the minimum wages in your treat women as inferior or those that state are? If not, can you find out? Speak to five infringe women’s freedom are not people doing different types of work in your allowed. For example, one cannot neighbourhood and find out if they are earning force a widowed woman to shave The Constitution the minimum wages or not. Ask them if they know head or wear white clothes. does not give what the minimum wages are. Ask them if men A secular state is one that does not people their and women are getting the same wages. confer any privilege or favour on any religion. Then how particular religion. Nor does it pun- can it give people R i g ht to Fr e ed o m o f Re l i g i o n ish or discriminate against people the right to practise Right to freedom includes right to on the basis of religion they follow. their religion? freedom of religion as well. In this case Thus the government cannot com- too, the Constitution makers were pel any person to pay any taxes for very particular to state it clearly. You the promotion or maintenance of have already read in Chapter Three any particular religion or religious that India is a secular state. Most institution. There shall be no people in India, like anywhere else in religious instruction in the govern- the world, follow different religions. ment educational institutions. In Some may not believe in any religion. educational institutions managed by Secularism is based on the idea that private bodies no person shall be the state is concerned only with compelled to take part in any relations among human beings, and religious instruction or to attend any not with the relation between human religious worship. beings and God. A secular state is one that does not establish any one C u l t u ra l a n d Ed u c at i o n a l religion as official religion. Indian R i g ht s secularism practices an attitude of a You might wonder why were the principled and equal distance from Constitution makers were so all religions. The state has to be particular in providing written neutral and impartial in dealing with guarantees of the rights of the all religions. minorities. Why are there no special Every person has a right to guarantees for the majority? Well, for profess, practice and propagate the simple reason that the working the religion he or she believes in. of democracy gives power to the Every religious group or sect is free majority. It is the language, culture to manage its religious affairs. A and religion of minorities that needs right to propagate one’s religion, special protection. Otherwise, they however, does not mean that a may get neglected or undermined person has right to compel another under the impact of the language, person to convert into his religion by religion and culture of the majority. means of force, fraud, inducement or That is why the Constitution speci- allurement. Of course, a person is free fies the cultural and educational to change religion on his or her own rights of the minorities: will. Freedom to practice religion  Any section of citizens with a does not mean that a person can do distinct language or culture have whatever he wants in the name of a right to conserve it. 106 D EMOCRAT IC POLITIC S   Admission to any educational level. In some places people speaking institution maintained by a particular language are in majority; government or receiving people speaking a different language government aid cannot be denied are in a minority. For example, to any citizen on the ground of Telugu speaking people form a religion or language. majority in Andhra Pradesh. But they  All minorities have the right to es- are a minority in the neighbouring tablish and administer educa- State of Karnataka. Sikhs constitute a tional institutions of their choice. majority in Punjab. But they are a Here minority does not mean only minority in Rajasthan, Haryana and religious minority at the national Delhi. Read these news reports and identify the right that is being debated in each of these cases:  An emergency session of the Shiromani Gurdwara Parbandhak Committee (SGPC) rejected the proposal to form a separate body to manage the affairs of Sikh shrines in Haryana. It warned the CHECK government that the Sikh community would not tolerate any interference in their religious affairs. YOUR (June 2005) PROGRESS  The Allahabad High Court quashed the Central law, which gave Aligarh Muslim University its minority status, and held illegal the reservation of seats for Muslims in its postgraduate medical courses. (January 2006)  The Rajasthan Government has decided to enact an anti-conversion law. Christian leaders have said that the Bill would aggravate the sense of insecurity and fear in the minds of minorities. (March 2005) How can we secure these Fundamental Rights are r i g ht s ? guaranteed against the actions of If rights are like guarantees, they are the Legislatures, the Executive, and of no use if there is no one to honour any other authorities instituted by them. The fundamental rights in the the government. There can be no law Constitution are important because or action that violates the they are enforceable. We have a right Fundamental Rights. If any act of the to seek the enforcement of the above Legislature or the Executive takes mentioned rights. This is called the away or limits any of the Right to Constitutional Remedies. Fundamental Rights it will be This itself is a Fundamental Right. invalid. We can challenge such laws This right makes other rights of the central and state effective. It is possible that governments, the policies and sometimes our rights may be actions of the government or the violated by fellow citizens, private governmental organisations like the bodies or by the government. When nationalised banks or electricity any of our rights are violated we can boards. Courts also enforce the Can the President seek remedy through courts. If it is a Fundamental Rights against private of India stop you Fundamental Right we can directly individuals and bodies. The from approaching approach the Supreme Court or the Supreme Court and High Courts the Supreme Court High Court of a state. That is why Dr. have the power to issue directions, to secure your Ambedkar called the Right to orders or writs for the enforcement fundamental Constitutional Remedies, ‘the heart of the Fundamental Rights. They can rights? and soul’ of our Constitution. also award compensation to the D EMOCRAT IC RIGHTS 107 National Human Rights Commission Do you notice references to the National Human The NHRC cannot by itself punish the guilty. Rights Commission (NHRC) in the news collage That is the responsibility of courts. The NHRC is on this page? These references reflect the growing there to make independent and credible inquiry awareness of human rights and struggles for human into any case of violation of human rights. It also dignity. Many cases of human rights violations in inquires into any case of abetment of such diverse fields, for instance, Gujarat riots, are being violation or negligence in controlling it by any brought to the public notice from across India. government officer and takes other general steps Human rights organisations and the media often to promote human rights in the country. The criticise government agencies for not seriously Commission presents its findings and pursuing these cases or catching the culprits. recommendations to the government or intervene in the court on behalf of the victims. It has wide Someone had to intervene on behalf of the ranging powers to carry out its inquiry. Like any victims. This is where the National Human Rights court it can summon witnesses, question any Commission stepped in. This is an independent government official, demand any official paper, commission set up by law in 1993. Like visit any prison for inspection or send its own judiciary, the Commission is independent of the team for on-the-spot inquiry. government. The Commission is appointed by the Any citizen of India can write a letter to this President and includes retired judges, officers and address to complain against the violation of eminent citizens. Yet it does not have the burden of human rights: National Human Rights deciding court cases. So it can focus on helping Commission, Faridkot House, Copernicus Marg, the victims secure their human rights. These New Delhi 110001. There is no fee or any include all the rights granted to the citizens by the formal procedure to approach the NHRC. Constitution. For NHRC human rights also include Like NHRC, there are State Human Rights the rights mentioned in the UN sponsored Commissions in 23 states of the country (as on international treaties that India has signed. 1 September 2013). 108 D EMOCRAT IC POLITIC S  victims and punishment to the PIL any citizen or group of citizens violators. We have already seen in can approach the Supreme Court or Chapter Five that the judiciary in a High Court for the protection of our country is independent of the public interest against a particular government and the parliament. We law or action of the government. One also noted that our judiciary is very can write to the judges even on a powerful and can do whatever is postcard. The court will take up the needed to protect the rights of the matter if the judges find it in public citizens. interest. In case of any violation of a Fundamental Right the aggrieved person can go to a court for remedy. A C T I V I T Y But now, any person can go to court against the violation of the Is there a State Human Rights Commission in Fundamental Right, if it is of social your state? Find out about its activities. or public interest. It is called Public Write a petition to the NHRC if you know any Interest Litigation (PIL). Under the instances of human rights violation in your area. 6. 4 EX PANDING S COPE OF R IG H TS We began this chapter by discussing information to the citizens. This Act the significance of rights. In much was made under the Fundamental of the chapter we have focussed only Right to freedom of thought and on Fundamental Rights in the expression. We have a right to seek Constitution. You might think that information from government Fundamental Rights granted by the offices. Recently the Supreme Court Constitution are the only rights has expanded the meaning of the citizen have. This is not true. While right to life to include the right to Are these rights Fundamental Rights are the source food. Also, rights are not limited only only for adults? of all rights, our Constitution and to Fundamental Rights as Which of these law offers a wider range of rights. enumerated in the Constitution. rights are available Over the years the scope of rights Constitution provides many more to children? has expanded. rights, which may not be Fundamental Sometimes it leads to expansion Rights. For example the right to in the legal rights that the citizen can property is not a Fundamental Right enjoy. From time to time, the courts but it is a constitutional right. Right to gave judgments to expand the scope vote in elections is an important of rights. Certain rights like right to constitutional right. freedom of press, right to Sometimes the expansion takes information, and right to education place in what is called human rights. are derived from the Fundamental These are universal moral claims that Rights. Now school education has may or may not have been recognised become a right for Indian citizens. by law. In that sense these claims are The governments are responsible for not rights going by the definition that providing free and compulsory we presented earlier. With the education to all children up to the expansion of democracy all over the age of 14 years. Parliament has world, there is greater pressure on enacted a law giving the right to governments to accept these claims. D EMOCRAT IC RIGHTS 109 Some international covenants have Thus the scope of rights has been also contributed to the expansion of expanding and new rights are rights. evolving over time. They are result of struggle of the people. New rights International Covenant on emerge as societies develop or as Economic, Social and Cultural new constitutions are made. The Rights Constitution of South Africa guarantees its citizens several kinds of new rights: This international covenant recognises many  Right to privacy, so that citizens rights that are not directly a par t of the or their home cannot be searched, Fundamental Rights in the Indian Constitution. their phones cannot be tapped, This has not yet become an international treaty. their communication cannot be But human right activists all over the world see opened. this as a standard of human rights. These include:  Right to an environment that is not  right to work: opportunity to everyone to earn harmful to their health or well- livelihood by working being;  right to safe and healthy working conditions,  Right to have access to adequate fair wages that can provide decent standard of housing. living for the workers and their families  Right to have access to health care  right to adequate standard of living including services, sufficient food and water; adequate food, clothing and housing no one may be refused emergency  right to social security and insurance medical treatment.  right to health: medical care during illness, Many people think that the right to special care for women during childbirth and work, right to health, right to minimum prevention of epidemics livelihood and right to privacy should  right to education: free and compulsory primary be made fundamental rights in India education, equal access to higher education. as well. What do you think? Amnesty International: An international organisation of volunteers who campaign for human rights. This organisation brings out independent reports on the violation of human rights all over the world. Claim: Demand for legal or moral entitlements a person makes on fellow GLOSSARY citizens, society or the government. Covenant: Promise made by individuals, groups or countries to uphold a rule or principle. It is legally binding on the signatories to the agreement or statement. Dalit: A person who belongs to the castes which were considered low and not touchable by others. Dalits are also known by other names such as the Scheduled Castes, Depressed Classes etc. Ethnic group: An ethnic group is a human population whose members usually identify with each other on the basis of a common ancestry. People of an ethnic group are united by cultural practices, religious beliefs and historical memories. Traffic: Selling and buying of men, women or children for immoral purposes. Summon: An order issued by a court asking a person to appear before it. Writ: A formal document containing an order of the court to the government issued only by High Court or the Supreme Court. 110 D EMOCRAT IC POLITIC S exercises 1 Which of the following is not an instance of an exercise of a fundamental right? a Workers from Bihar go to the Punjab to work on the farms b Christian missions set up a chain of missionary schools c Men and women government employees get the same salary d Parents’ property is inherited by their children 2 Which of the following freedoms is not available to an Indian citizen? a Freedom to criticise the government b Freedom to participate in armed revolution c Freedom to start a movement to change the government d Freedom to oppose the central values of the Constitution 3 Which of the following rights is available under the Indian Constitution? a Right to work b Right to adequate livelihood c Right to protect one’s culture d Right to privacy 4 Name the Fundamental Right under which each of the following rights falls: a Freedom to propagate one’s religion b Right to life c Abolition of untouchability d Ban on bonded labour 5 Which of these statements about the relationship between democracy and rights is more valid? Give reasons for your preference. a Every country that is a democracy gives rights to its citizens. b Every country that gives rights to its citizens is a democracy. c Giving rights is good, but it is not necessary for a democracy. 6 Are these restrictions on the right to freedom justified? Give reasons for your answer. a Indian citizens need permission to visit some border areas of the country for reasons of security. b Outsiders are not allowed to buy property in some areas to protect the interest of the local population. c The government bans the publication of a book that can go against the ruling party in the next elections. 7 Manoj went to a college to apply for admission into an MBA course. The clerk refused to take his application and said “You, the son of a sweeper, wish to be a manager! Has anyone done this job in your community? Go to the municipality office and apply for a sweeper’s position”. Which of Manoj’s fundamental rights are being violated in this instance? Spell these out in a letter from Manoj to the district collector. D EMOCRAT IC RIGHTS 111 8 When Madhurima went to the property registration office, the exercises Registrar told her, “You can’t write your name as Madhurima Banerjee d/o A. K. Banerjee. You are married, so you must give your husband’s name. Your husband’s surname is Rao. So your name should be changed to Madhurima Rao.” She did not agree. She said “If my husband’s name has not changed after marriage, why should mine?” In your opinion who is right in this dispute? And why? 9 Thousands of tribals and other forest dwellers gathered at Piparia in Hoshangabad district in Madhya Pradesh to protest against their proposed displacement from the Satpura National Park, Bori Wildlife Sanctuary and Panchmarhi Wildlife Sanctuary. They argue that such a displacement is an attack on their livelihood and beliefs. Government claims that their displacement is essential for the development of the area and for protection of wildlife. Write a petition on behalf of the forest dwellers to the NHRC, a response from the government and a report of the NHRC on this matter. 10 Draw a web interconnecting different rights discussed in this chapter. For example right to freedom of movement is connected to the freedom of occupation. One reason for this is that freedom of movement enables a person to go to place of work within one’s village or city or to another village, city or state. Similarly this right can be used for pilgrimage, connected with freedom to follow one’s religion. Draw a circle for each right and mark arrows that show connection between or among different rights. For each arrow, give an example that shows the linkage. In every chapter we have done an exercise on reading the newspaper. Let us now try to write for the newspaper. Take any example from the reports discussed in this chapter or any other local example that you are familiar with and write the following:  Letter to the editor highlighting a case of human rights violation.  Press release by a human rights organisation.  A headline and a news item concerning a Supreme Court order related to Fundamental Rights.  Editorial on growing incidents of custodial violence. Put these together and make a newspaper for your school notice board. 112 D EMOCRAT IC POLITIC S