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Democratic rights. Life Without Rights. About 600 people were secretly picked up the US forces from all over the world and were put in a prison in Guantanamo.

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Presentation on theme: "Democratic rights. Life Without Rights. About 600 people were secretly picked up the US forces from all over the world and were put in a prison in Guantanamo."— Presentation transcript:

1 democratic rights

2 Life Without Rights. About 600 people were secretly picked up the US forces from all over the world and were put in a prison in Guantanamo Bay, an area near Cuba controlled by American navy. Ana’s father,Jami El- Banna, was amidst them. The American government said that they were enemies of US and attack New York on Sept,11,2001.In most cases the government of the countries were not as or even informed about the imprisionment.Like other prisioners,El-Bsnna’s family got to know that he was in the prison only through the media. Families of prisoners, media or even UN representatives were not allowed to meet them. The US army arrested them,interroated them and decided whether to keep them there or not. There was no trial before any magistrate in the US. Nor could these prisoners approach courts in their own country.

3 Amnesty International, an international human rights organisation,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. They were being denied the treatment that even prisoners of war must get as per international treaties.Many prisoners had tried protesting against these conditions by going on a hunger strike. Prisoners were not released even after they were officially declared not guilty. An independent inquiry by the UN Secretary General said the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.

4 Citizens Right In Saudi Arabia The case of Guantanamo bay looks like an exception, for it involves the government of 1 country dennieying rights to citizen of another country. Let us study the case of Saudi Arabia and the position of the citizen with regards to their government. 1)The country is ruled by a hereditary king and the people have no role in electing or changing their rulers. 2)The king selects the legislature as well as executive. He appoints the judges and can change any of their decisions. 3)Citizens cannot form political parties or any political organizations. media cannot report anything that the monarch does not like. 4 ) There is no freedom of religion every citizen is required to be Muslim. Non –Muslim residence can follow their religion in private, but not in public. 5) Women are subjected to many public restrictions.The testimony of one man is considered equal to that of two women.

5 One has to be reasonable in what one expects and demands of everyone else, for one has to grant the same to everyone. But you might insist that the assurance does not remain on paper, that there is someone to enforce these assurances, that those who violate these are punished. In other words, you might want a system where at least a minimum is guaranteed to everyone- powerful or weak, rich or poor, majority or minority. This is the spirit behind thinking about the rights.

6 What are rights? Rights are claims of a person over other fellow beings, over the society and over the government. All of us want to live happily, without fear n without being subjected to degraded treatment. So a right is possibly when u make a claim that is equally possible for others. You cannot have rights which can harm others. The claims we should make should be reasonable. They should be such that can be available to others in an equal measure. Thus, a right comes with an obligation to respect others rights. Rights are reasonable claims of persons recognized by society and sanctioned by law.

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8 Rights are necessary for the very sustenance of a democracy. Rights also perform a very special role in democracy. Rights protect minorities from the oppression of majorities. Rights are guarantees which can be used when things go wrong. Sometimes elected governments may not protect or may even attack the rights of their own citizens. That is why some rights need to be placed higher than government, so that the government cannot violate them. In most democracies the basic rights of the citizens are written down in the constitution. Rights are need in a democracy to give the freedom to all persons, and make their lives happy.

9 Rights In The Indian Constituion Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme court is the guardian protector of fundamental rights. The fundamental rights are:- Right to equality Right to freedom Right against exploitation Right to freedom of religion Cultural and educational rights

10 Right To Equality All citizens enjoy equality before law. All enjoy equal protection of law. Equality before law, however, does not mean absolute equality or equality is among the unequal. It means equality or equality among the unequal. It means equality among the similarly placed people. It does not prohibit the classification of persons into different groups. It prohibits discrimination on grounds of religion, race, caste, sex or place of birth. No person can, on any of any of these grounds, be denied access to shops, hotels, public restaurants and places of public entertainment or the use of wells, tanks, bathing Ghats, and places of public resort. this right provides equality of opportunity for all citizens in mattes relating to employment or appointment to any office the state. However, qualifications can be fixed for various jobs. For eradicating the evil practice of untouchables in India, the Constitution has abolished untouchable. Practice of untouchable in any form is an offence publishable by law. All citizens of India now enjoy equal status.

11 Right To Freedom Freedom means absence of constraints. In practical life it means absence of interference in our affairs by others. 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 without anybody's interference's under 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 Practice any profession, or to carry on any occupation, trade or business.

12 Freedom Of Speech And Expression It is one of the essential features in our democracy. Here it means that everyone has the freedom to express their own views. We can freely communicate with others. We may disagree with the policy of the government or activities of an association. We can publicize our views through paper, magazines, poetry pamphlet etc. Citizens have the freedom to hold meeting. Processions, rallies and demonstrations on any issue. As citizens we have the freedom to travel to any part of the country. No person can be deprived of his life or personal liberty except according to the procedure established by law. It means that no person can be killed unless the government has ordered death sentence. It also means that a government or a police officer can arrest or detain any citizen unless he has a proper legal justification.

13 Even when government or police officer arrest or detain any citizen unless he has proper legal justification they have to follow some procedures. 1. A person who is arrested and detained in a custody will have to be informed of the reason for such arrest and detention. 2. A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours. 3. Such a person has a right to consult a lawyer or engage a lawyer for his defense.

14 Right Against Explotation The constitution mentions 3 specific evils and declares these illegal. The constitution prohibits ‘TRAFFIC IN HUMAN BEINGS’. Traffic here means selling and buying of humans beings, usually women, for immoral purposes. Our constitution also prohibits BEGAR in any form.Begar 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 labor. 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 hazardous work, such as railways and ports. Using this as a basis many laws have been made to prohibit children from working in industries such as beady making, firecrackers and matches, printing and dyeing.

15 Right To Freedom Of Religion Every person has a right to propagate the religion he/she believes in. Every religious group or sect is free to manage its religious affairs. A right to propagate ones religion,however,does not mean that a mean that a person has a right to compel another person to convert into his religion by means of force, inducement or allurements,of course a person can change his religion by his/her own will. Freedom to practice religion does not mean that a person can do whatever he wants in the name of religion. A secular state is one that does not confer any privilege or favor on any particular religion nor does it punishes/discriminates on the basis of religion they follow. Thus the government cannot compel any person to pay any taxes for the promotion of any particular religion/religious institution. There shall be no religious instruction in the government educational instituions.In institutions managed by private bodies no person shall be compelled to take part in any religious instruction/to attend any religious worship.

16 Cultural And Educcational Rigths There are no special guarantees for the majority because for the simple reason the working of democracy gives power to the majority. It is the language, culture and religion of minorities that needs special protection. Otherwise they may get neglected. That is why the constitution specifies a cultural and educational rights of the minorities. Here minority does not only mean religion minority at the national level. In some places people speaking in a particular language are in majority. Whereas people speaking in a different language are in minorities. Any section of citizens with a distinct language or culture have a right to conserve it. Admission to any institution maintained by government aid cannot be denied to any citizen on the ground of relegion or language. All minorities have the right to establish and administer educational institutes of their own choice.

17 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 information of the above mentioned rights. This is called right to constitutional remedies. This itself is a fundamental right. This right makes effective. It is possible that sometimes our rights maybe violated by fellow citizens, private bodies or by 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 high court of the state. That is why DR.AMBEDKAR called it “the heart and the soul” of our constitution Fundamental rights are guaranteed against the actions of the legislatures, the excucccutives or by other authorities of the instituted by the government. Their can be no law or action that violates the fundamental rights. If any act of the legislature or the excicutive takes away or limits any of the fundamental rights it will be invalid. We can challenge such laws of the central and state governments, the policies and the actions of the government or the governmental organizations like the nationalize banks or electricity boards/

18 Courts also enforce the fundamental rights against the bodies the supreme court and high court have the power to issue directions orders or Ritz for the enforcement of fundamental rights. They can also award compensation to the victims and punishments to the violators. If any person goes to the courts against the violation of fundamental rights if it is of social or public interest it is called, Public Interest Litigation{PIL} Under the pill any citizen or group of citizen can approach the supreme court or high court for the protection of public interest against a particular law or action of the government. One can write to the judges even on postcard. The court will take up the matter if its judges find it in public interest.

19 Expanding Scope Of Rights While Fundamental Rights are the source of all rights, out constitution offers a wider range of rights. Over the years the scope of rights are expanded. Sometimes it leads to expansion in the legal rights that the citizens can enjoy. Form time to time the courts gave judgments to expand the scope of rights. Certain rights like right to freedom of press, right to information, and right to education are derived from the fundamental rights. Now school education has become a right for Indian citizens. The governments are responsible for providing free and compulsory education to all students upto the age of 14 yrs. Parliament has enacted a law giving the right to information to the citizens. This act was made under the fundamental right to freedom of thought and expression. We have a right to seek information from govt. offices. The supreme court has included the right to food. Rights are not limited to fundamental rights as enumerated in the constitution. Constitution provides many more rights.

20 Sometime the expansion takes place in what is called human rights. These are universal moral claims that may or may not have been recognized by law. With the expansion of democracy all over the world, there is a greater pressure on govt. to accept these claims.

21 The scope of rights has been expanding over the time. The constitution of south Africa guarantees its citizens several kinds of new rights: 1)Right to privacy. 2)Right to an environment that is not harmful to their health or well being. 3)Right to have access to adequate housing. 4)Right to have access to health care, services, sufficient food and water; no one will be refused emergency medical treatment.

22 -Thank you- Made by- -Aanchal Chotlani -Srushti Kalse -Simran Chhabda


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