NCERT Class-9 Civics Chapter-5: Democratic Rights discusses that democratic rights are the basic liberties that are given to citizens in a democratic society. They include the right to vote, express oneself, assemble peacefully, and obtain information. These rights ensure individual participation and representation in the government, which promotes equality, justice, and the rule of law. Protecting democratic rights is critical for maintaining a functioning and equitable democratic system, encouraging civic engagement, and protecting human dignity.

Overview

Democratic rights, including voting, self-expression, peaceful assembly, and information access, are fundamental liberties in a democratic society. They promote equality, justice, and the rule of law, and their protection is crucial for a functioning, equitable system and human dignity.

Life Without Rights

This book discusses rights in four chapters, focusing on a comprehensive definition of democracy, the centrality of fundamental rights in the Constitution, the right of every adult Indian citizen to be and be, and the right to approach laws against the Constitution. It then presents three examples of living without rights, emphasizing the importance of rights in a democratic society.

Prison in Guantanamo Bay

Around 600 people were secretly captured by US forces and imprisoned in Guantanamo Bay, Cuba, as enemies of the US. The American government claimed they were linked to the 9/11 attack. The prisoners were not informed by their countries’ governments or media. Amnesty International reported torture and denial of treatment, including for prisoners of war. Despite protests and a UN inquiry, the US government refused to accept these pleas for the prison to be closed.

Citizens’ Rights in Saudi Arabia

The case of Guantanamo Bay highlights the repercussions of a country’s government denying rights to its citizens. In Saudi Arabia, citizens are ruled by a hereditary king, with no role in electing or changing rulers. The king selects legislature, executive, and judges, and media can’t report on the monarch’s views. Religion freedom is limited, and women face public restrictions. This issue is prevalent globally.

Ethnic Massacre in Kosovo

Kosovo, a province of Yugoslavia, was a predominantly ethnic Albanian region with a majority of Serbs. Serb nationalist Milosevic, who won the election, sought to dominate the country. Many Serb leaders believed ethnic minorities should either leave or accept the Serbs’ dominance. In April 1999, an Albanian family was massacred by Serb troops, killing their husband and leaving them without their house, husband, and possessions. This was one of the worst instances of ethnic prejudice-based killings in recent times. Milosevic lost power and was tried by the International Court of Justice for crimes against humanity.

Rights in a Democracy

Consider the examples of Guantanamo Bay prisoners, Saudi Arabian women, and Kosovo Albanians. Imagine a system where security, dignity, and fair play are guaranteed to everyone, including proper reason and information for arrests. While this assurance cannot apply to everyone, it should be enforced and punished for violations. This idea of a minimum guarantee for everyone, regardless of power, wealth, or minority, is the essence of thinking about rights.

What are Rights?

Rights are claims of a person over others, society, and the government, aiming to live happily without fear or degradation. They must be reasonable, equally possible for others, and not harm or hurt others. Rights are recognized by society and become meaningful only when they are written into law. Socially recognized claims become enforceable when law recognizes them, and citizens can demand their application. If rights are violated or infringement, citizens can approach courts to protect their rights. The notion of rights changes from time to time and society to society, with women’s right to vote in Saudi Arabia appearing strange today. Therefore, any claim to call a right must have these three qualities.

Why do we Need Rights in a Democracy?

Rights are essential for the survival of a democracy, including voting, government election, and expressing opinions. They protect minorities from oppression and ensure the majority cannot do anything it likes. Rights can be used when things go wrong, such as when the majority wants to dominate the minority. Some rights need to be placed higher than the government to prevent violations. Most democracies have written constitutions outlining basic citizen rights.

Rights in the Indian Constitution

India’s Constitution includes six Fundamental Rights, which are fundamental rights that ensure equality, liberty, and justice for all citizens. These rights are a key feature of India’s Constitution, providing a basic guarantee for all citizens.

Right to Equality

The Indian Constitution guarantees equality before the law and equal protection of the laws, ensuring that no person is above the law. This principle is the foundation of any democracy, and no person can legally claim special treatment or privileges just because they are an important person. The Right to Equality ensures that the government does not discriminate against any citizen on grounds of religion, race, caste, sex, or place of birth. This principle applies to public places like shops, restaurants, hotels, and cinema halls, as well as public jobs. Reservations for Scheduled Castes, Scheduled Tribes, and other backward classes are not considered a violation of the Right to Equality. The Constitution also prohibits the practice of untouchability, which refers to any belief or social practice that looks down upon people based on their caste labels and denies them interaction with others or access to public places as equal citizens.

Right to Freedom

Freedom in India means the absence of constraints and interference from others, including individuals and the government. Citizens have the right to freedom of speech, assembly, form associations, move freely, reside in any part of the country, practice any profession, trade, or business, and not to violate others’ rights. Freedom of speech and expression is essential for democracy, as it allows individuals to freely communicate with others and express their views.

Citizens can hold meetings, processions, rallies, and demonstrations on any issue, but they must be peaceful and not cause public disorder or breach of peace. They can also form associations to promote their interests or campaign against corruption or pollution. Citizens can travel to any part of the country and reside in any part of the territory of India.

The Constitution guarantees no person can be deprived of their life or personal liberty except according to law. This means that no person can be killed unless a death sentence has been ordered by the court, and a government or police officer cannot arrest or detain a citizen without proper legal justification.

Citizens have the right to consult a lawyer or engage a lawyer for their defense. The cases of Guantanamo Bay and Kosovo highlight the importance of protecting individual life and personal liberty.

Right against Exploitation

The Constitution prohibits three specific evils: trafficking in human beings, forced labor, and child labor. Trafficking involves selling and buying human beings, often women, for immoral purposes. Forced labor, also known as begar, involves workers providing service to the master for free or nominal remuneration. Child labor, which involves working in hazardous industries, is also prohibited. This has led to laws prohibiting children from certain industries.

Right to Freedom of Religion

The right to freedom includes the right to freedom of religion. India is a secular state, focusing on human relations and not on the relationship between humans and God. The state must maintain neutrality and impartiality in dealing with all religions. Everyone has the right to practice, propagate, and practice their religion, but this does not mean they can force others to convert. Religious practices that treat women as inferior or infringe on women’s freedom are not allowed. A secular state does not confer privileges or discriminate against people based on their religion. Government educational institutions do not allow religious instruction, and private institutions do not require religious participation.

Cultural and Educational Rights

The Constitution provides written guarantees for the rights of minorities, ensuring their language, culture, and religion are protected. This is because democracy gives power to the majority, and minorities need special protection to avoid being neglected or undermined by the majority’s language, religion, and culture. The Constitution specifies cultural and educational rights for minorities, including conserving their language or culture, granting government aid, and establishing educational institutions of their choice.

How Can we Secure These Rights?

Rights are like guarantees that are enforceable and can be sought through courts, known as the Right to Constitutional Remedies. These rights are guaranteed against government actions, such as legislatures, executive powers, and policies. If a fundamental right is violated, the aggrieved person can seek remedy through courts, such as the Supreme Court or High Court. The judiciary in a country is independent of the government and parliament, and can protect citizens’ rights. Public Interest Litigation (PIL) allows citizens or groups of citizens to approach the Supreme Court or a High Court for protection against a particular law or action of the government. The court will take up the matter if it finds it in public interest.

Expanding Scope of Rights

The chapter discusses the significance of rights, focusing on the fundamental rights granted by the Constitution. While these rights are the source of all rights, the scope of rights has expanded over time, leading to legal rights and court judgments. Rights such as freedom of press, information, and education are derived from these Fundamental Rights. In India, school education has become a right for citizens, and governments provide free and compulsory education to children up to 14 years old. The Supreme Court has expanded the meaning of the right to life to include food. Other rights, such as property and voting rights, are also constitutional. Human rights, universal moral claims, are also expanding due to the expansion of democracy and international covenants. The chapter concludes by discussing the idea of making the right to work, health, minimum livelihood, and privacy fundamental rights in India.

Conclusion – NCERT Class 9 Civics: Chapter 5: Democratic Rights

The chapter on democratic rights in NCERT Class 9 Civics discusses the importance of democratic rights, the different types of democratic rights, and the challenges to democratic rights. It also discusses the role of citizens in protecting and promoting democratic rights. Democratic rights are important because they allow citizens to participate in the political process and hold their government accountable. They also protect citizens from arbitrary government action and ensure that they are treated equally under the law.

Also Check:

• Fundamental Rights (Articles 12-35): A Comprehensive Guide
• Rights in the Indian Constitution Class 11 Polity Notes
• Fundamental Rights of Indian Citizens

FAQs on NCERT Class-9 Civics Chapter-5: Democratic Rights

What is the focus of NCERT Class 9 Civics Chapter 5: Democratic Rights?

The chapter focuses on the fundamental democratic rights guaranteed by the Indian Constitution, such as the right to equality, freedom of speech, and right to constitutional remedies.

What are fundamental rights, and why are they important?

Fundamental rights are essential liberties granted to citizens to protect their individual freedoms and ensure justice, equality, and dignity within society.

How do fundamental rights contribute to democracy?

Fundamental rights empower citizens by providing legal protections against government infringement, promoting participation, and fostering a culture of democracy and pluralism.

What are some examples of fundamental rights in India?

Examples include the right to equality, right to freedom of speech and expression, right to life and personal liberty, right to education, and right against discrimination.

What is the significance of the Right to Constitutional Remedies?

The Right to Constitutional Remedies enables citizens to seek legal recourse through the courts if their fundamental rights are violated, ensuring the enforcement and protection of all other rights.