Democratic Rights Notes by Vibha Maam
What are Rights?
Rights are claims of a person over the society and over the government which has to be recognised by the society.
Rights are reasonable claims of persons, which are recognised by society and sanctioned by law. The notion of rights changes from time to time and society to society.
Needs of Rights in Democracy
- Provides essential conditions of life for the all round development .
- Provides right to vote to all adults without any discrimination.
- Necessary to preserve human dignity and promote social progress
- Provides civil liberties
- Significant check on the governmental powers and functions
- Protects minorities from the oppression of the majority.
There are six fundamental rights, contained in the part-lll of the Indian constitution.
Why call them Fundamental Rights?
- These are enshrined in the Constitutional
- These Rights are enforceable in the courts of law these Rights cannot be abolished
- No law or policy of government can go contrary to these Rights.
Classification of Fundamental Rights
Right of Equality (article 14 to article 18)
It guarantees equality before law and equal protection of law to all citizens. no one can be discriminated against on the basis of their religion, caste, and gender. That’s why this Right is called the ‘Rule of law’
Right to Freedom (article 19 to 22)
This article gives six fundamental freedoms. This includes:
- Freedom of speech and expression
- Freedom to form association
- Freedom to move freely and reside in any part of the country
- Freedom to practice any profession, occupation or business .
- Freedom to assemble peacefully without arms.
- Freedom of movement throughout India
Right against exploitation (article 23 and 24)
The constitution prohibits human trafficking, forced labour and child labour (working under 14 years of age)
Right to freedom of Religion (article 25 to 28)
These Rights provide religious freedom to all citizens of India. Every person has the right to practice, profess and propagate the religion of their choices
Cultural and Educational Rights ( article 29 and 30)
the constitution States that all minorities religious and linguistic, can set up their own educational institutions in order to preserve and develop their own culture
Right to Constitutional Remedies ( article 32)
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 the state. Dr. Ambedkar called this right ‘the heart and soul of our constitution’.
Public interest litigation(PIL)
It is a litigation to seek to protect the interest of the public at large. Under this any citizen or group of citizens can approach the supreme court or High court for the protection of public interest against the particular law or action of the government.
Right to information Act
Under this citizen are entitled to seek the information from government officers. Besides the fundamental rights, we also have constitutional rights like right to vote, right to property.
Human rights are universal moral claims that may or may not have been recognised by law. These include:
- Right to work
- Right to health
- Right to education etc.
The constitution of South Africa guarantees its citizen several kind of new Rights like
- The right to privacy
- Right to environment
- Right to have access to adequate housing
- Right to have access to health care services, sufficient food and water and medical treatment.
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