Democratic Rights

Revision Notes for Chapter 5 Democratic Rights Class 9 Civics

CBSE NCERT Revision Notes

1

What are Rights?

Answer

• Rights are reasonable claims of persons recognised by society and sanctioned by law.

2

Case Study where rights are denied

Answer

Prison in Guantanamo Bay
• About 600 people were secretly picked up by the US forces from all over the world.
• They were put in a prison in Guantanamo Bay, an area near Cuba controlled by American Navy.
• They were linked to the attack on New York on 11 September 2001.
• 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.
• Amnesty International, reported that the prisoners were being tortured in ways that violated the US laws.
• The UN Secretary General said the prison in Guantanamo Bay should be closed down but the US government refused to accept these pleas.

3

Why do we need rights in a democracy?

Answer

• 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 are guarantees which can be used when things go wrong.
• The government should protect the citizens’ rights.
• In most democracies, the basic rights of the citizen are written down in the constitution.

4

Rights in the Indian Constitution

Answer

• Indian Constitution provides for six Fundamental Rights.

Right to Equality
• According to constitution, the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.
• The government shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.

Right to Freedom
• Freedom means absence of interference in our affairs by others – be it other individuals or the government.
Indian Constitution gives all citizens 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.
→ No person can be deprived of his life or personal liberty except according to procedure established by law.
→ A government or police officer can arrest or detain any citizen unless he has proper legal justification.

Right against Exploitation
• The Constitution prohibits ‘traffic in human beings’.
• The Constitution also forbids forced labour or beggar in any form.
• The Constitution also prohibits child labour.

Right to Freedom of Religion
• India is a secular state which means it does not establish any one religion as official religion.
• Every person has a right to profess, practice and propagate the religion he or she believes in.

Cultural and Educational Rights
• The working of democracy gives power to the majority therefore it is the language, culture and religion of minorities that needs special protection.
• 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.

5

How can we secure these rights?

Answer

• The right to seek the enforcement of the fundamental rights is called the Right to Constitutional Remedies.
• This itself is a Fundamental Right which makes other rights effective.

6

Expanding scope of Rights

Answer

• 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.
• Various other rights are:
→ Right to freedom of press
→ Right  to information
→ Right to education
→ School Education
→ Right to information
→ Right to life

• Constitution provides many more rights, which may not be Fundamental Rights.
→ Right to property and Right to vote in elections are important constitutional rights.