Chapter 5
Democratic Rights
Prison in Guantanamo Bay:
- About 600 people were secretly picked up by US forces and imprisoned in Guantanamo
Bay, controlled by the American Navy near Cuba.
- The detainees were accused by the US government of being enemies linked to the
September 11, 2001, attack on New York.
- In many cases, the governments of the detainees' countries were not informed about their
imprisonment.
- Families, media, and UN representatives were not allowed to meet the prisoners.
- The US army arrested, interrogated, and decided the fate of the prisoners without a trial
before any magistrate or access to courts in their own countries.
- Amnesty International reported that the prisoners in Guantanamo Bay were subjected to
torture, violating US laws, and were even denied treatment as per international treaties.
- The UN Secretary-General called for the closure of Guantanamo Bay, but the US
government refused.
Citizens’ Rights in Saudi Arabia:
- Saudi Arabia is ruled by a hereditary king, and citizens have no role in electing or changing
rulers.
- The king selects the legislature and executive, appoints judges, and can change their
decisions.
- Citizens are not allowed to form political parties or organizations, and the media cannot
report anything disliked by the monarch.
- There is no freedom of religion; all citizens are required to be Muslim. Non-Muslim
residents can only practice their religion in private.
- Women face numerous public restrictions, and the testimony of one man is considered
equal to that of two women.
- Similar conditions exist in many countries worldwide.
Ethnic massacre in Kosovo:
- In Kosovo, a province of Yugoslavia, ethnic Albanians were the majority, while Serbs were
the majority in the entire country.
- Serbian leader Milosevic, a nationalist, won the election and sought Serbian dominance.
- Many Serbian leaders believed ethnic minorities, like Albanians, should leave the country or
accept Serbian dominance.
- In April 1999, a massacre of Albanians occurred, carried out by the army of their own
country.
, - Milosevic lost power and faced trial for crimes against humanity at the International Court
of Justice.
Rights in a Democracy:
Rights are reasonable claims recognized by society and sanctioned by law.
Any claim can be called a right if it has the following 3 qualities:
- The claim should be reasonable.
- The claims should be recognized by society.
- The claim should be sanctioned by law.
Why do we need rights in a Democracy?
Rights are necessary in a democracy for:
- Necessary for the very maintenance of democracy.
- Protection of Minorities from the oppression of the majority and ensure that the majority
cannot do whatever it likes.
- Protection from other citizens: Things may go wrong when some citizens may wish to take
away the rights of others.
- Protection from the government: Even elected governments can make mistakes or act
against the interests of citizens. To prevent this, certain rights are positioned above the
government's authority. This hierarchy of rights serves as a check, discouraging the
government from violating the basic rights of citizens.
- Certain rights, crucial to our lives, are given special status and termed as Fundamental
Rights. The Indian Constitution provides for six Fundamental Rights.
Right to Equality
- The Constitution emphasizes that the government must not deny equality before the law
or equal protection of the laws to any person in India.
- This principle implies that laws should be applied uniformly to everyone, irrespective of
their status, and is known as the rule of law.
- The rule of law is fundamental to democracy, ensuring that no individual is above the law,
regardless of their position.
- Every citizen, regardless of their position, from the Prime Minister to a small farmer, is
subject to the same laws.
- No person is entitled to claim special treatment based on their importance or status.
- Example: A former Prime Minister faced a court case and, until proven innocent,
participated in legal proceedings like any other citizen.
Democratic Rights
Prison in Guantanamo Bay:
- About 600 people were secretly picked up by US forces and imprisoned in Guantanamo
Bay, controlled by the American Navy near Cuba.
- The detainees were accused by the US government of being enemies linked to the
September 11, 2001, attack on New York.
- In many cases, the governments of the detainees' countries were not informed about their
imprisonment.
- Families, media, and UN representatives were not allowed to meet the prisoners.
- The US army arrested, interrogated, and decided the fate of the prisoners without a trial
before any magistrate or access to courts in their own countries.
- Amnesty International reported that the prisoners in Guantanamo Bay were subjected to
torture, violating US laws, and were even denied treatment as per international treaties.
- The UN Secretary-General called for the closure of Guantanamo Bay, but the US
government refused.
Citizens’ Rights in Saudi Arabia:
- Saudi Arabia is ruled by a hereditary king, and citizens have no role in electing or changing
rulers.
- The king selects the legislature and executive, appoints judges, and can change their
decisions.
- Citizens are not allowed to form political parties or organizations, and the media cannot
report anything disliked by the monarch.
- There is no freedom of religion; all citizens are required to be Muslim. Non-Muslim
residents can only practice their religion in private.
- Women face numerous public restrictions, and the testimony of one man is considered
equal to that of two women.
- Similar conditions exist in many countries worldwide.
Ethnic massacre in Kosovo:
- In Kosovo, a province of Yugoslavia, ethnic Albanians were the majority, while Serbs were
the majority in the entire country.
- Serbian leader Milosevic, a nationalist, won the election and sought Serbian dominance.
- Many Serbian leaders believed ethnic minorities, like Albanians, should leave the country or
accept Serbian dominance.
- In April 1999, a massacre of Albanians occurred, carried out by the army of their own
country.
, - Milosevic lost power and faced trial for crimes against humanity at the International Court
of Justice.
Rights in a Democracy:
Rights are reasonable claims recognized by society and sanctioned by law.
Any claim can be called a right if it has the following 3 qualities:
- The claim should be reasonable.
- The claims should be recognized by society.
- The claim should be sanctioned by law.
Why do we need rights in a Democracy?
Rights are necessary in a democracy for:
- Necessary for the very maintenance of democracy.
- Protection of Minorities from the oppression of the majority and ensure that the majority
cannot do whatever it likes.
- Protection from other citizens: Things may go wrong when some citizens may wish to take
away the rights of others.
- Protection from the government: Even elected governments can make mistakes or act
against the interests of citizens. To prevent this, certain rights are positioned above the
government's authority. This hierarchy of rights serves as a check, discouraging the
government from violating the basic rights of citizens.
- Certain rights, crucial to our lives, are given special status and termed as Fundamental
Rights. The Indian Constitution provides for six Fundamental Rights.
Right to Equality
- The Constitution emphasizes that the government must not deny equality before the law
or equal protection of the laws to any person in India.
- This principle implies that laws should be applied uniformly to everyone, irrespective of
their status, and is known as the rule of law.
- The rule of law is fundamental to democracy, ensuring that no individual is above the law,
regardless of their position.
- Every citizen, regardless of their position, from the Prime Minister to a small farmer, is
subject to the same laws.
- No person is entitled to claim special treatment based on their importance or status.
- Example: A former Prime Minister faced a court case and, until proven innocent,
participated in legal proceedings like any other citizen.
