Class-IX-Democratic-Politics-I

National Human Rights Commission The NHRC cannot by itself punish the guilty. That is the responsibility of courts. The NHRC is Do you notice references to the National Human there to make independent and credible inquiry Rights Commission (NHRC) in the news collage into any case of violation of human rights. It also on this page? These references reflect the growing inquires into any case of abetment of such awareness of human rights and struggles for human violation or negligence in controlling it by any dignity. Many cases of human rights violations in government officer and takes other general steps diverse fields, for instance, Gujarat riots, are being to promote human rights in the country. The brought to the public notice from across India. Commission presents its findings and Human rights organisations and the media often recommendations to the government or intervene criticise government agencies for not seriously in the court on behalf of the victims. It has wide pursuing these cases or catching the culprits. ranging powers to carry out its inquiry. Like any court it can summon witnesses, question any Someone had to intervene on behalf of the victims. This is where the National Human Rights government official, demand any official paper, Commission stepped in. This is an independent commission set up by law in 1993. Like visit any prison for inspection or send its own judiciary, the Commission is independent of the government. The Commission is appointed by the team for on-the-spot inquiry. President and includes retired judges, officers and eminent citizens. Yet it does not have the burden of Any citizen of India can write a letter to this deciding court cases. So it can focus on helping the victims secure their human rights. These address to complain against the violation of include all the rights granted to the citizens by the Constitution. For NHRC human rights also include human rights: National Human Rights the rights mentioned in the UN sponsored international treaties that India has signed. Commission, G.P.O. Complex, INA, New Delhi 110023. There is no fee or anyformal procedure to approach the NHRC. Like NHRC, there are State Human RightsCommissions in 26 states of the country (as on 10 December 2018). For more details, visit http://www.nhrc.nic.in 86 DEMOCRATIC POLITICS 2019-20

victims and punishment to the PIL any citizen or group of citizens violators. We have already seen in can approach the Supreme Court or Chapter 4 that the judiciary in our a High Court for the protection of country is independent of the public interest against a particular government and the parliament. We law or action of the government. One also noted that our judiciary is very can write to the judges even on a powerful and can do whatever is postcard. The court will take up the needed to protect the rights of the matter if the judges find it in public citizens. interest. In case of any violation of a ACTIVITY Fundamental Right the aggrieved person can go to a court for remedy. Is there a State Human Rights Commission in But now, any person can go to court your state? Find out about its activities. against the violation of the Write a petition to the NHRC if you know any Fundamental Right, if it is of social instances of human rights violation in your area. or public interest. It is called Public Interest Litigation (PIL). Under the 5.4 EXPANDING SCOPE OF RIGHTS Are these rights We began this chapter by discussing information to the citizens. This Act only for adults? the significance of rights. In much was made under the Fundamental Which of these of the chapter we have focussed only Right to freedom of thought and rights are available on Fundamental Rights in the expression. We have a right to seek Constitution. You might think that information from government to children? Fundamental Rights granted by the offices. Recently the Supreme Court Constitution are the only rights has expanded the meaning of the citizen have. This is not true. While right to life to include the right to Fundamental Rights are the source food. Also, rights are not limited only of all rights, our Constitution and to Fundamental Rights as law offers a wider range of rights. enumerated in the Constitution. Over the years the scope of rights Constitution provides many more has expanded. rights, which may not be Fundamental Rights. For example the right to Sometimes it leads to expansion property is not a Fundamental Right in the legal rights that the citizen can but it is a constitutional right. Right to enjoy. From time to time, the courts vote in elections is an important gave judgments to expand the scope constitutional right. of rights. Certain rights like right to freedom of press, right to Sometimes the expansion takes information, and right to education place in what is called human rights. are derived from the Fundamental These are universal moral claims that Rights. Now school education has may or may not have been recognised become a right for Indian citizens. by law. In that sense these claims are The governments are responsible for not rights going by the definition that providing free and compulsory we presented earlier. With the education to all children up to the expansion of democracy all over the age of 14 years. Parliament has world, there is greater pressure on enacted a law giving the right to governments to accept these claims. DEMOCRATIC RIGHTS 87 2019-20

Some international covenants have Thus the scope of rights has been also contributed to the expansion of expanding and new rights are rights. evolving over time. They are result of struggle of the people. New rights International Covenant on emerge as societies develop or as Economic, Social and Cultural new constitutions are made. The Rights Constitution of South Africa guarantees its citizens several kinds of new rights: This international covenant recognises many rights that are not directly a part of the Right to privacy, so that citizens Fundamental Rights in the Indian Constitution. or their home cannot be searched, This has not yet become an international treaty. their phones cannot be tapped, But human right activists all over the world see their communication cannot be this as a standard of human rights. These include: opened. Right to an environment that is not right to work: opportunity to everyone to earn harmful to their health or well- livelihood by working being; right to safe and healthy working conditions, Right to have access to adequate fair wages that can provide decent standard of housing. living for the workers and their families Right to have access to health care right to adequate standard of living including services, sufficient food and water; adequate food, clothing and housing no one may be refused emergency right to social security and insurance medical treatment. right to health: medical care during illness, Many people think that the right to special care for women during childbirth and work, right to health, right to minimum prevention of epidemics livelihood and right to privacy right to education: free and compulsory primary should be made fundamental rights education, equal access to higher education. in India as well. What do you think? Amnesty International: An international organisation of volunteers who GLOSSARY campaign for human rights. This organisation brings out independent reports on the violation of human rights all over the world. Claim: Demand for legal or moral entitlements a person makes on fellow citizens, society or the government. Covenant: Promise made by individuals, groups or countries to uphold a rule or principle. It is legally binding on the signatories to the agreement or statement. Dalit: A person who belongs to the castes which were considered low and not touchable by others. Dalits are also known by other names such as the Scheduled Castes, Depressed Classes etc. Ethnic group: An ethnic group is a human population whose members usually identify with each other on the basis of a common ancestry. People of an ethnic group are united by cultural practices, religious beliefs and historical memories. Traffic: Selling and buying of men, women or children for immoral purposes. Summon: An order issued by a court asking a person to appear before it. Writ: A formal document containing an order of the court to the government issued only by High Court or the Supreme Court. 88 DEMOCRATIC POLITICS 2019-20

exercises 1 Which of the following is not an instance of an exercise of a fundamental right? a Workers from Bihar go to the Punjab to work on the farms b Christian missions set up a chain of missionary schools c Men and women government employees get the same salary d Parents’ property is inherited by their children 2 Which of the following freedoms is not available to an Indian citizen? a Freedom to criticise the government b Freedom to participate in armed revolution c Freedom to start a movement to change the government d Freedom to oppose the central values of the Constitution 3 Which of the following rights is available under the Indian Constitution? a Right to work b Right to adequate livelihood c Right to protect one’s culture d Right to privacy 4 Name the Fundamental Right under which each of the following rights falls: a Freedom to propagate one’s religion b Right to life c Abolition of untouchability d Ban on bonded labour 5 Which of these statements about the relationship between democracy and rights is more valid? Give reasons for your preference. a Every country that is a democracy gives rights to its citizens. b Every country that gives rights to its citizens is a democracy. c Giving rights is good, but it is not necessary for a democracy. 6 Are these restrictions on the right to freedom justified? Give reasons for your answer. a Indian citizens need permission to visit some border areas of the country for reasons of security. b Outsiders are not allowed to buy property in some areas to protect the interest of the local population. c The government bans the publication of a book that can go against the ruling party in the next elections. 7 Manoj went to a college to apply for admission into an MBA course. The clerk refused to take his application and said “You, the son of a sweeper, wish to be a manager! Has anyone done this job in your community? Go to the municipality office and apply for a sweeper’s position”. Which of Manoj’s fundamental rights are being violated in this instance? Spell these out in a letter from Manoj to the district collector. DEMOCRATIC RIGHTS 89 2019-20

8 When Madhurima went to the property registration office, the exercises Registrar told her, “You can’t write your name as Madhurima Banerjee d/o A. K. Banerjee. You are married, so you must give your husband’s name. Your husband’s surname is Rao. So your name should be changed to Madhurima Rao.” She did not agree. She said “If my husband’s name has not changed after marriage, why should mine?” In your opinion who is right in this dispute? And why? 9 Thousands of tribals and other forest dwellers gathered at Piparia in Hoshangabad district in Madhya Pradesh to protest against their proposed displacement from the Satpura National Park, Bori Wildlife Sanctuary and Panchmarhi Wildlife Sanctuary. They argue that such a displacement is an attack on their livelihood and beliefs. Government claims that their displacement is essential for the development of the area and for protection of wildlife. Write a petition on behalf of the forest dwellers to the NHRC, a response from the government and a report of the NHRC on this matter. 10 Draw a web interconnecting different rights discussed in this chapter. For example right to freedom of movement is connected to the freedom of occupation. One reason for this is that freedom of movement enables a person to go to place of work within one’s village or city or to another village, city or state. Similarly this right can be used for pilgrimage, connected with freedom to follow one’s religion. Draw a circle for each right and mark arrows that show connection between or among different rights. For each arrow, give an example that shows the linkage. In every chapter we have done an exercise on reading the newspaper. Let us now try to write for the newspaper. Take any example from the reports discussed in this chapter or any other local example that you are familiar with and write the following: Letter to the editor highlighting a case of human rights violation. Press release by a human rights organisation. A headline and a news item concerning a Supreme Court order related to Fundamental Rights. Editorial on growing incidents of custodial violence. Put these together and make a newspaper for your school notice board. 90 DEMOCRATIC POLITICS 2019-20