Democratic Rights Class 9 Notes

In this chapter, students learn about the importance of rights in a democracy and how they protect the freedom and equality of citizens. These notes explain the Fundamental Rights guaranteed by the Indian Constitution, such as the Right to Equality, Right to Freedom, Right to Constitutional Remedies, and more.

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Prison in Guantanamo Bay

About 600 people were secretly picked up by the US forces from all over the world and put in a prison in Guantanamo Bay, an area near Cuba controlled by the American Navy. Anas’s father, Jamil El-Banna, was among them.

The American government said that they were enemies of the US and linked to the attack on New York on 11 September 2001. These people were not taken to court. They are not allowed to talk with their families, lawyers, or even the United Nations (UN). They are not allowed to ask any judge to help them.

Amnesty International, an international human rights organization, 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. Prisoners were not released even after they were officially declared not guilty.

An independent inquiry by the UN supported these findings. The UN Secretary-General said the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.

Citizens’ Rights in Saudi Arabia

This is true not just of Saudi Arabia. There are many countries in the world where several of these conditions exist.

The country is ruled by a hereditary king, and the people have no role in electing or changing their rulers.
The king selects the legislature as well as the executive. He appoints the judges and can change any of their decisions.
Citizens cannot form political parties or any political l organizations. Media cannot report anything that the monarch does not like.
There is no freedom of religion. Every citizen is required to be Muslim. Non-Muslim residents can follow their religion in private, but not in public.
Women are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.

Ethnic massacre in Kosovo

Kosovo was part of Yugoslavia. Most people in Kosovo were ethnic Albanians. But in all of Yugoslavia, most people were Serbs. There was a man named Milosevic who became the leader, and he was Serb. He did not like Albanians. His government was very unfair to them.

In April 1999, in a town in Kosovo, there was an old lady named Batisha Hoxha; she was 74 years old. Her husband, Izet, was 77. They were sitting in their kitchen. They heard loud noises, and Serbian soldiers came into their house and asked, “Where are your children?” and then they shot Lizet, and he died.

The soldiers took Batisha’s wedding ring and burned her house. This happened to many Albanian families. Later, other countries stopped the killing. Milosevic lost power and was charged with crimes against humanity.

Rights in a Democracy

Prisoners in Guantanamo Bay, women in Saudi Arabia, and Albanians in Kosovo. These people are treated unfairly. In a democracy everyone must be treated in the same manner. The rules should not just be written; they should be followed. If someone breaks the rules, they should be punished.

We required some system that gives basic rights to all the people, whether they are strong or weak, rich or poor, majority or minority. They are what human rights are.

What are rights?

All of us want to live happily, without fear and without being subjected to degraded treatment. For this we expect others to behave in such a way that does not harm us or hurt us. Equally, our actions should also not harm or hurt others. So a right is possible when you make a claim that is equally possible for others.

You cannot have a right that harms or hurts others. You cannot have a right to play a game in such a way that it breaks the neighbor’s window. Every society makes certain rules to regulate our conduct. They tell us what is right and what is wrong.

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

Why do we need rights in a democracy?

Rights in a democracy are very important. In a democracy every person should have the right to vote. They should also have a right to become a leader. To have a fair election, people must be free to:

Share their thought.
Start political parties.
Join political activities.

Rights protect small groups, big groups, society, and people of the country. Right helps when things go wrong. The government must protect everyone’s rights. In most democracies, all the rights are written in the constitution.

Rights in the Indian Constitution

In India, like most other democracies in the world, these rights are mentioned in the Constitution. Some rights that are fundamental to our life are given a special status. They are called Fundamental Rights.

1. Right to Equality

As per the right to equality, everyone in India is equal as per the law; laws apply equally to every citizen. The constitution prohibits discrimination based on religion, race, caste, sex, or place of birth. Each and every citizen has an equal right to access public space like shops, roads, wells, and parks.

Everyone has a right to apply for government jobs without discrimination. Reservations for marginalized groups (SCs, STs, OBCs, women, the poor, and the disabled).

2. Right to Freedom

We want to live in society, but we want to be free. We want to do things in the way we want to do them. Others should not dictate to us what we should do. Citizens have the freedom to hold meetings, processions, rallies, and demonstrations on any issue. As citizens we have the freedom to travel to any part of the country. So, under the Indian Constitution, all citizens have 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, and
Practice any profession, or carry on any occupation, trade, or business.

It also means that a government or police officer cannot arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures:

A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest.
Such a person has the right to consult a lawyer or engage a lawyer for his defense.

3. Right against Exploitation

As per the law, citizens must be protected from exploitation; human trafficking is strictly illegal. Forced labor is banned. Child labor is prohibited.

4. Right to Freedom of Religion

Freedom of speech and expression is one of the essential features of any democracy. Under the Indian Constitution, all citizens have 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, and
Practice any profession, or carry on any occupation, trade, or business.

5. Right against Exploitation

Every citizen has a right not to be exploited. Yet the Constitution makers thought it was necessary to write down certain clear provisions to prevent exploitation of the weaker sections of the society. The Constitution also prohibits child labor. No one can employ a child below the age of fourteen to work in any factory or mine or in any other hazardous work, such as railways and ports.

6. 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.

7. Cultural and Educational Rights

The constitution specifies the 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 the 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.

How can we secure these rights?

The fundamental rights in the Constitution are important because they are enforceable. We have a right to seek the enforcement of the above-mentioned rights. This is called the Right to Constitutional Remedies. This itself is a fundamental right. This right makes other rights effective.

It is possible that sometimes our rights may be violated by fellow citizens, private bodies, or 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. That is why Dr. Ambedkar called the Right to Constitutional Remedies ‘the heart and soul’ of our Constitution.

Expanding scope of rights

Rights have been expanding, and new rights are evolving over time. They are the result of the struggle of the people. New rights emerge as societies develop or as new constitutions are made. The Constitution of South Africa guarantees its citizens several kinds of new rights:

Right to privacy, so that citizens’ homes cannot be searched, their phones cannot be tapped, and their communication cannot be opened.
Right to an environment that is not harmful to their health or well-being;
Right to have access to adequate housing.
Right to have access to health care services and sufficient food and water; no one may be refused emergency medical treatment.

Social Science Class 9 Notes

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