RBSE Class 9 Social Science Notes Civics Chapter 5 Democratic Rights

These comprehensive RBSE Class 9 Social Science Notes Civics Chapter 5 Democratic Rights will give a brief overview of all the concepts.

RBSE Class 9 Social Science Notes Civics Chapter 5 Democratic Rights

→ What are rights?
Rights are reasonable claims of persons recognised by society and sanctioned by law. Need of rights in a democracy: Rights are very much needed in a democracy
(a) Rights are necessary for the very sustenance of a democracy.

• In a democracy, every citizen has to have the right to vote and the right to be elected to government.
• For democratic elections to take place, it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.

(b) In a democracy, rights protect minorities from the oppression of majority.
(c) Rights are guarantees which can be used when things go wrong.
That is why, in most democracies, the basic rights of the citizen are written down in the constitution.

→ Rights in the Indian Constitution:
Indian Constitution provides for six Fundamental Rights to its citizens:
(1) Right to Equality:
According to our Constitution, the government shall not deny to any person in India, equality before the law or the equal protection of the laws. The government shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. Every citizen shall have access to public places like parks, shops, restaurants and hotels. There shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds, public places and places of public resorts maintained by government etc.

All citizens have an equality of opportunity in matters relating to employment or appointment to any position in the government. But the Government can provide reservations for Scheduled Castes, Scheduled Tribes and Other Backward Classes. The Constitution directs to put an end to the practice of untouchability. Such practice denies people of certain castes to interact with others or access to public places as equal citizens. So, the Constitution made untouchability a punishable offence.

(2) Right to Freedom:
Under the Indian Constitution all citizens have six rights as follows:

• 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.

Right to Life and Right to Personal Freedom: The Constitution says that no person can be deprived of his life or personal liberty except according to procedure established by law. It means that a government or police officer cannot arrest or detain any citizen unless he has proper legal justification.

Even when they do, they have to follow some procedures:
(a) No person can be arrested without giving any reason.
(b) The person arrested has to be produced before the nearest magistrate within 24 hours.
(c) Such a person has the right to consult a lawyer or engage a lawyer for his defence.

(3) Right against Exploitation: The Constitution has given the right against exploitation to end the exploitation of the weaker sections.

• The Constitution prohibits ‘traffic in human beings’.
• Our Constitution also prohibits forced labour or beggar in any form.
• The Constitution also prohibits child labour.

(4) Right to Freedom of Religion: India is a secular state. Every person has a right to profess, practice and peacefully propagate the religion he or she believes in.

(5) Cultural and Educational Rights: The Constitution clearly states that:

• Any section of citizens with a distinct language or culture have a right to conserve it.
• 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.

(6) Right to Constitutional Remedies: Under the Right to Constitutional Remedies, citizens have the right to demand the enforcement of the above rights. It is also a fundamental right. This right makes other rights effective.

The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. In case of any violation of a Fundamental Right, the aggrieved person can go to a court for remedy. But now, any person can go to court against the violation of the Fundamental Right, if it is of social or public interest. It is called Public Interest Litigation (PIL).

→ Expanding Scope of Rights:
From time to time, the courts gave judgments to expand the scope of rights as:

• Certain rights like right to freedom of press, right to information, and right to education are derived from the Fundamental Rights.
• The Supreme Court has expanded the meaning of the right to life to include the right to food. 
• The Constitution provides many more rights, which may not be Fundamental Rights. For example - the right to property, right to vote in election.
• The expansion of human rights, some international covenants and promissory letters have also contributed to the expansion of rights.