Chapter - 6 Democratic Rights

Rights

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

Why do we need rights in a democracy?

1. In a democracy every citizen has to have the right to vote and the right to be elected to government.
2. Rights also perform a very special role in a democracy. Rights protect minorities from the oppression of majority.

RIGHTS IN THE INDIAN CONSTITUTION

• Right to Equality
  1. The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.
  2. There shall be no restriction regarding the use of wells, tanks, bathing ghats, roads, playgrounds and places of public resorts maintained by government or dedicated to the use of public.
• Right to Freedom
  Freedom means absence of constraints.
  Under the Indian Constitution all citizens have the right to
  1. Freedom of speech and expression
  2. Assembly in a peaceful manner
  3. Form associations and unions
  4. Move freely throughout the country.
  5. Reside in any part of the country.
  6. Practice any profession, or to carry on any occupation, trade or business.
• Right against Exploitation
  The Constitution mentions three specific evils and declares these illegal.
  1. The Constitution prohibits ‘traffic in human beings’. Traffic here means selling and buying of human beings, usually women, for immoral purposes.
  2. Our Constitution also prohibits forced labour or beggar in any form. Beggar is a practice where the worker is forced to render service to the ‘master’ free of charge or at a nominal remuneration. When this practice takes place on a life-long basis, it is called the practice of bonded labour.
  3. The Constitution also prohibits child labour.
• Right to Freedom of Religion
  Every person has a right to profess, practice and propagate the religion he or she believes in.
  A secular state is one that does not establish any one religion as official religion.
• Cultural and Educational Rights
  The Constitution specifies the cultural and educational rights of the minorities:
  1. Any section of citizens with a distinct language or culture have a right to conserve it.
  2. 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.

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.

That is why Dr. Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of our Constitution.