Democratic Rights

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Rights: Rights reasonable claims of persons which are recognized by society

and sanctioned by law. This means that an unreasonable claim of a person
cannot become a right. Moreover, definition and scope of rights change from one
society to another and from a period to different period.

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. 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.

Rights in the Indian Constitution

FUNDAMENTAL RIGHTS:

Certain rights are fundamental to our life and hence they are given special status in
the Constitution. Such rights are called Fundamental Rights. Following are the
Fundamental Rights as guaranteed by the Constitution of India:

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, defence 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.

RIGHT TO FREEDOM:
The Right to Freedom means, we can do whatever we want to do; without
interference from others; especially the government. The Right to Freedom includes
the following:

Freedom of speech and expression: Freedom of speech and expression is one of

the essential features of democracy. Different people can have different views on an
issue. Each person should have the freedom to express his views; through various
means. But the freedom of speech and expression comes with certain riders. You
cannot express certain opinions which may incite public hatred and violence or which
may hurt the sentiments of a particular religion or community. You cannot incite
others to rebel against the country. You cannot defame someone on false basis.

Freedom of assembly in a peaceful manner: There are many issues on which a

person or a group of persons needs to hold public meetings. Anyone can hold such
meetings but one has to ensure that the meeting remains peaceful and does turn
violent. A meeting or a procession should not lead to destruction of public property.
People attending the rally or a meeting should not be carrying weapons.

Freedom to form associations and unions:Associations and unions are formed by

workers and also by professionals. There are many trade unions in the country which
promote the cause of the workers. Various professionals; like doctors, businessmen,
lawyers, etc. make their own associations to promote their cause.

Freedom to move to and reside in any part of country: Every citizen has the right
to travel to any part of the country. One can reside in any part of the country as well.
This freedom allows everyone to migrate to another place in search of better
opportunities. Many poor villagers have been able to improve their socioeconomic
status because they have the freedom to move out in search of employment. But
 people of any other part of India cannot make permanent resident in Jammu &
Kashmir. Moreover, the freedom to move to any part of the country can also be
curtailed in times of emergency; like an attack or possibility of an attack by an enemy
country.

Freedom to carry out any profession or business:One can choose any profession
as per choice. This freedom ensures that a person can fully realize his or her
potential.

No person can be deprived of his personal liberty; except under certain

circumstances. Moreover, the Constitution also gives the Right to Life; which means
a person’s life cannot be taken until and unless a court awards death sentence to
him. This also means that a person cannot be arrested by the police without proper
legal sanction. In case of an arrest, the police have to follow these provisions:

 The police will inform the person about the reason of confinement.
 The detained person should be produced before a magistrate within 24
hours.
 The detained person has the right to consult a lawyer and engage a lawyer.

Right Against Exploitation:

This right mainly focuses on three issues which are as follows:

a. Traffic in human beings: This means the human beings cannot be

traded to be used as slaves or to be used for immoral purposes. This law
has been especially made to protect human trafficking for sex trade.
b. Bonded Labour: The constitution has banned the forced labour or
begar. If a person is forced to work without pay or at nominal pay, this is
termed as begar. If the begar continues for a long period then it is known
as bonded labour.
c. 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; like beedi making, firecracker factory, bangle
factory, etc.

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. For
example; nobody can force a widow to tonsure her head in the name of religion.
Nobody can perform animal sacrifice in the name of religion. The government owned
educational institutions do not promote any religion, but it cannot prevent a private
institution from doing so.

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.

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.

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