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DEMOCRATIC RIGHTS Class IX

RIGHTS are reasonable claims  of persons recognized by the society and sanctioned by law . Rights are necessary for the very sustenance of democracy .

NEEDS OF RIGHTS : Rights protect minorities from the oppression of the majority ,Rights ensure freedom  from the repressive laws and the policies , Rights enhances the participation of people in the election process.

RIGHTS IN THE INDIAN CONSTITUTION : There were 6  rights i) Right to Equality ii) Right to Freedom iii) Right to against of Exploitation iv) Right to Freedom of Religion v) Cultural and Educational to Rights vi) Rights to Constitutional Remedies

LIFE WITHOUT RIGHTS In some real cases i) Life of People/ prisoners arrested and kept in the prison of Guantanamo Bay ii) Access of limited of Rights to  women in South Arabia iii) The Harsh treatment of Albanians minorities by the Serb Nationalist  Milosevic Government.

RIGHTS TO EQUALITY : Article 14 is equality before law  means the laws apply in the same manner to all , regardless of the person’s status. This is known as the rule of law .It means that no person is above the law and every person is subjected to same laws . Article 15 Prohibition of discrimination on the grounds of religion , race , caste ,sex, or place of birth Article 16 equality of opportunity in matter of public employment .Article 17 Abolition of untouchability . Article 18 is the abolition of titles

EQUAL PROTECTION OF LAW means the right to equal treatment in similar circumstances. No one should be favored and no one should be placed under any, disadvantage if the circumstances are similar. Further the constitution provides that the state shall not discriminate against any citizen on the grounds only of religion, race, caste , sex or place of birth . every Citizen shall have the 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 ,roads and playgrounds etc.( Article 15)

ARTICLE 16  IN Which all citizens have equality of opportunity in the matters relating to employment or appointment to any position in the government. Though reservation benefits are provided to some section of society but this is not against right to equality. Because equality does not mean  giving everyone the same treatment, no matter what they need , Equality  means  giving everyone an equal opportunity to achieve what every one is capable of. Sometimes it is necessary  to give special treatment to someone in order to ensure equal opportunity

ARTICLE 17  It is the principle of non  discrimination extends to social life as well the practice of untouchability has been abolished and its practice in any form is forbidden

ARTICLE 18 There had been the prohibition of all titles except of military and academic distinctions

RIGHR TO FREEDOM : ( Article 19 – Article 22)

In Article 19 The Constitution of India provides  all citizen a) Freedom of speech  and Expression b) Freedom of assembly in the peaceful manner c)Freedom of the movement throughout  the country  d)Freedom to form associations/ Unions. e) Freedom to reside in any part of the country f) Freedom to practice any profession / to carry on any occupation /trade / business.

Article 20  provide safeguard to the accused of crimes and protection in respect of conviction for any offences

ARTICLE 21  in the Constitution says that no person can be deprive of his life / personal liberty except according to procedure established by law. It means that no person can be killed unless the court has ordered a death sentence . It also means that the government/ police officer cannot arrest or detain any citizen unless he has a proper legal justification

ARTICLE 22  Tells about the rights in case of arrest in which arrested person  should be informed of the reasons for such arrest and detention .  The arrested person shall be produced  before the nearest magistrate within the period of 24 hrs of the arrest. The arrested person has the right  to consult  a lawyer/ engage a lawyer for the defense

RIGHT AGAINST EXPLOITATION ( Article 23 – Article 24) In Article 23  tells the prohibition of selling and buying or in human being and forced labour/ beggar and Article 24  tells the prohibition of child labour . No one can us work

RIGHT TO FREEDOM OF RELIGION ( Article25 – Article 28) Article 25  the freedom of conscience and free profession ,practice and  propagation of religion Article 26 Freedom to manage religious affairs, Article 27 Freedom as to payment of taxes for promotion any particular religion Article 28 Freedom as to attendance at religious instruction or religious worship in the certain educational institutions

Every person has right to profess, practice and propagate the religion he or she believe in. Every religious group / sects is free to manage its religious affairs. Every religious group has the right to establish and maintain institutions for religious and  charitable purposes , and to own and acquire movable and immovable  property The government cannot compel any person to pay taxes for the promotion/ maintenance of any particular religion/ religious institution . There shall be no religious instruction  in the government educational institutions. In educational institutions managed by private bodies no person shall be compelled to take  part in any  religious instruction  or to attend any religious worships

SECULARISM IN REFERENCE TO ARTICLES : India is a secular state . Secularism is based on the idea  that the state is concerned only with relation among human  being sand not with the relation between  human beings and God . Citizens  have complete freedom to follow any religion. The constitution provides citizens comprehensive  rights to profess, practice and propagate the religion he/she believes in . The Secular state is one that does not establish any one religion as official religion. India has no official religion . Indian secularism practices an attitude  of the principled and equal distance from all religions. The state  has to be neutral and impartial in dealing with all religions .

CULTURAL AND EDUCATIONAL RIGHTS  (Article 29- article30) The constitution provides the cultural and educational rights in article 29 and 30 that any section of citizens with any distinct language/culture have right to conserve it , admission to any educational institution maintained by the government/ receiving government aid cannot  be denied to any  citizen on the ground of religion / language .All minorities have the right to establish and administer educational institutions of their choices .

RIGHT TO CONSTITUTIONAL REMEDIES : Article 32 provides  a guaranteed remedy for the enforcement of these rights  We have a right to seek the enforcement of these rights . This is called right to constitutional remedies. Further this itself is  a fundamental rights. This makes  these rights effective. It is possible that sometimes our rights may be violated by fellow, citizens , private bodies or by the government. If it is a Fundamental Right , we can directly  approach the Supreme court and the High Courts of the state. The Supreme court and the high court have the power  to issue the directions/orders /writs for the enforcement of the fundamental rights. They can also award compensation to the victims and  to the violators

WRITS are the written orders issued by supreme court of India to provide  constitutional remedies to protect the fundamental rights of the citizens from  a violation Its types a) HABEAS CORPUS  it is writ that is enforced to protect the fundamental right to the liberty  of the individual against  unlawful detention. This writ  commands  public  officials to deliver a detained person in front of the court and provide a valid reasons for the detention . However this writ cannot be issued incase the proceeding is  for contempt of legislature / court . b) CERTIORARI It is the writ issued to a lower court directing the transfer of a case for review , usually to overrule the judgement to the lower court. The Supreme Court issues the writ of  Certiorari in case the decision passed by the lower court is the challenged by the party . It is issued in case the higher court finds it a matter of over jurisdiction . c)PROHIBITION is a writ issued by a higher court to a lower court to enforce inactivity in the jurisdiction . It happens only incase the higher court is of the discretion that the case falls outside the jurisdiction of the lower court. Writ of Prohibition can only be issued against judicial and quasi- judicial authorities d) MANDAMUS is the writ is issued to a subordinate court , an officer of the government / commanding the performance of  certain acts /duties. Unlike Habeas Corpus ,Mandamus cannot be issued against a private individual. e) QUO – WARRANTO  is the writ issued against a person who claims /usurps a public office . Through this , the court inquires by what authority the person supports his /her claim . Through this writ the court enquires into the legality of claim of a person to a public office, this writ prevents the illegal assumption of a public office by the individual

Dr . Bhim Rao Ambedkar called the Right to Constitutional  remedies ” the heart and soul ” of the Constitution. An  independent commission called  National Human Rights Commission has been set up by law on 12 October 1993. It helps the victims secure their human  rights especially fundamental rights such as i) Right to  Privacy ii)Right to a Healthy Environment  iii)Right to adequate Hosing iv) Right to Work v)  Right to Health

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