Ch. – 5- Democratic Rights- Extra Questions and Notes

By | October 24, 2019

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Chapter-5
DEMOCRATIC RIGHTS

LIFE WITHOUT RIGHTS

Very Short Answers:-

1. What is Amnesty International?
Ans. It is an international human rights organisation.

2. Where is the famous Guantanamo Bay prison located?
Ans. Near Cuba.

Long Answers:-

1. Describe the ethnic massacre in Kosovo.
Ans. (1) Kosovo was a province of Yugoslavia before its split. In the province, the population was overwhelmingly ethnic Albanian. But in the entire country, Serbs were in the majority.
(2) A narrow-minded Serb nationalist Milosevic had won the election. His government was very hostile to the Kosovo Albanians.
(3) He wanted the Serbs to dominate the country. Many Serb leaders thought that ethnic minorities like Albanians should either leave the country or accept the dominance of the Serbs.
(4) Massacre of thousands of Albanians was carried out by the army of their own country working under the direction of a leader who came to power through democratic elections.
(5) Finally, several other countries intervened to stop this massacre. Milosevic lost power and was tried by the International Court of Justice for crimes against humanity.

2. Describe the way the prisoners in Guantanamo Bay were treated.
Ans. (1) Guantanamo Bay, an area near Cuba is controlled by American Navy. The American government said that they were enemies of the US and linked them to the attack on New York on 11 September 2001. The US army arrested them, interrogated them and decided whether to keep them. There was no trial before any magistrate in the US. Nor could these prisoners approach courts in their own country.
(2) In most cases, the governments of their countries were not asked or even informed about their imprisonment.
(3) Families of prisoners, media or even UN representatives were not allowed to meet them.
(4) Prisoners were being denied the treatment that even prisoners of war must get as per international treaties.
(5) Prisoners were not released even after they were officially declared not guilty.

3. Explain the contribution made by the Amnesty International to improve the condition of prisoners in Guantanamo Bay.
Ans. (1) Amnesty International, an international human rights organization, 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.
(2) Prisoners were being denied the treatment that even prisoners of war must get as per international treaties.
(3) Many prisoners had tried protesting against these conditions by going on a hunger strike.
(4) Prisoners were not released even after they were officially declared not guilty.
(5) An independent inquiry by the UN-supported these findings. The UN Secretary-General said the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.

4. State any three rights that are denied to the citizens of Saudi Arabia.
Ans. (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 the executive. He appoints the judges and can change any of their decisions.
(3) Citizens cannot form political parties or any political organisation.
(4) There is no freedom of religion. Every citizen is required to be a Muslim. Non-Muslin, residents 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.

RIGHTS IN A DEMOCRACY

Very Short Answers:-

1. What are rights?

Or

What is meant by right?
Ans. Rights are reasonable claims of persons recognized by society and sanctioned by law.

Long Answers:-

1. ‘Rights are guarantees. But if no one honours them, they are of no use.” Explain the statement with suitable examples.
Ans. (1) Rights are guarantees which can be used when things go wrong. Things may go wrong when some citizens may wish to take away the rights of others. This usually happens when those in majority want to dominate those in minority.
(2) Rights perform a very special role in democracy. Rights protect minorities from the oppression of the majority. They ensure that the majority cannot do whatever it likes.
(3) But, if no one honours them, they are of no use. For example, in the Kosovo province of Yugoslavia, the population was overwhelmingly ethnic Albanian. But in the entire country Serbs were in majority A narrow-minded Serb nationalist leader, Milosevic wanted the Serbs to dominate the country. Massacre of thousands of Albanians was carried out by the army of their own country
(4) About 600 people were secretly and wrongly picked up by the US forces from all over the world and put in a prison in Guantanamo Bay near Cuba. There was no trial before any magistrate in the US.
(5) Saudi Arabia is ruled by a hereditary King and the people have no role in electing or changing their rulers.

2. Rights are reasonable claims of persons recognized by society and sanctioned by law. Why should these claims be responsible? Explain.

Or

`Rights are claims of a person over other fellow beings, over the society and over the government’ Justify the statement.
Ans. (1) Rights are claims of a person over other fellow beings, over the society and over the government so, a right is possible when you make a claim that is equally possible for others. You cannot have a right that harms or hurts others.
(2) A right comes with an obligation to respect other’s rights.
(3) It has to be recognized by the society we live in. Rights acquire meaning only in society Every society makes certain rules to regulate the conduct of its members.
(4) When the socially recognized claims are written into law they acquire real forts Otherwise, they remain merely as natural or moral rights.
(5) When fellow citizens or the governments do not respect these rights we call it violation or infringement of our rights. In such circumstances, citizens can approach courts to protect their rights.

3. ‘The claims of the citizens should be such that can be made available to the others also.’ Explain. Also summaries the important characteristics of rights.

Or

Describe any three characteristics of rights.

Ans. (1) (i) Claim is something which becomes a right so that it has to be recognised by the society we live in.
(ii) A claim we make should be reasonable so that we cannot have right to harm or degrading treatment to others.

(2)Characteristics of rights:
(i) Inherent: They are not granted by any person or authority.
(ii) Fundamental: Without them, the life and dignity of man will be meaningless.
(iii) Imprescriptible: These cannot be lost even if a man fails to use or assert them, even by a long passage of time.
(iv) Indivisible: These cannot be denied even when other rights have already been enjoyed.
(v) Universal: They apply irrespective of one’s origin, status or condition or place where one lives.
(vi) Interdependent: The fulfilment or exercise of one’s right is not possible without the realization of that of others. A right comes with an obligation to respect other’s rights.
(vii) Inalienable: It cannot be given away or be f orfeited.

4. Why do we need rights in a democracy? Give five reasons.

Or

Explain the meaning of the term ‘rights’.

Or

What are rights and why are they needed in a democracy? Explain.

Or

Why do we need rights in a democracy? Explain the reasons.

Ans. (1) Rights are reasonable claims of persons recognised by society and sanctioned by law. Rights are claims of a person over other fellow beings, over the society and over the government.
(2) Following are the reasons for which we need rights in a democracy:
(i) Rights in themselves are very necessary for the very sustenance of democracy. Without rights, democracy will become meaningless and ineffective.
(ii) For democratic elections to take place, it is necessary that citizens should have the right to express their opinions, form political parties and take part in political activities.
(iii) There should be some rights because things may go wrong when some citizens may wish to take away the rights of others.
(iv) Rights protect minorities from the oppression of the majority. They ensure the majority cannot do whatever it wishes.
(v) The government is expected to protect citizen’s rights. But sometimes elected government may not protect or may even attack the rights of its own citizens. So, some rights need to be Placed higher than the government so that they cannot violate them.

5. What are rights? Mention the Fundamental Rights provided by the Indian Constitution?
Ans. (1) Rights are legal, social, or ethical principles of freedom or entitlement. the freedom given to a person to do from the birth time is called rights.
(2) Following Fundamental Rights are provided by the Indian Constitution:
(i)Right to Equality. (ii) Right to Freedom.
(iii) Right against Exploitation. (iv) Right to Freedom of Religion.
(v) Cultural and Educational Rights. (vi) Right to Constitutional Remedies.

RIGHTS IN THE INDIAN CONSTITUTION

Very Short Answers:

1. Who appoints the National Human Rights Commission?
Ans. The President appoints the National Human Rights Commission.

2. Mention any two forms of untouchability.
Ans. (1) Untouchability means refusal to touch people belonging to certain castes.
(2) It prevents low caste people from interacting with others or access to public places as equal citizens.

3. Who called the right to constitutional remedies as the ‘heart and soul’ of the Constitution?
Ans. Dr Ambedkar called the Right to Constitutional Remedies, the heart and soul’ of our Constitution.

4. Right to form associations comes under which Fundamental Right?
Ans. Right to Freedom.

5. What is meant by human trafficking?

Or

What is meant by ‘traffic in human beings’?
Ans. Selling and buying of men, women or children for immoral purposes.

6. What is meant by a secular state?
Ans. A secular state is one that does not establish any one religion as an official religion.

7. Allowing people to change their religion according to their own will is permissible under which fundamental right?
Ans. Right to Freedom of Religion.

8. Certain rights have been given special status in the Constitution of India since they are the basic rights. By what name are they known?
Ans. Some rights which are fundamental to our life are given a special status and they are called Fundamental Rights.

9. How is India a secular state?
Ans. Indian secularism practices an attitude of a principled and equal distance from all religions.

10. Which Fundamental Right in the Constitution prohibits traffic in human beings?
Ans. The Constitution prohibits ‘traffic’ in human beings by providing Rights against exploitation.

11. What do we call a State which does not confer any privilege on any particular religion?
Ans. Secular State.

12. Why the right to constitutional remedies is a special law?

Or

Why is Right to Constitutional Remedies a special right?
Ans. This itself is a Fundamental Right and makes other rights effective by providing remedy through courts when any of our rights are violated.

13. What is meant by forced labour or began?
Ans. Begat is a practice where the worker is forced to render service to the ‘master’ free of charge or at a nominal remuneration.

14. According to which Fundamental Right, the public place should be accessible to all the persons?
Ans. Right to Equality, every citizen shall have access to public places like shops, restaurants, hotels. and cinema halls.

15. Expressing ideas on social issues is permitted by which Fundamental Right?
Ans. Right to Freedom, Freedom of speech and expression.

16. State any two Fundamental Rights mentioned in the Indian Constitution.
Ans. Right to Equality and Right to Freedom.

17. Which right ensures every citizen of India to live anywhere in India?
Ans. Right to Freedom, Article 19 [Subclause (e)]: Reside and settle in any part of the territory of India.

18. What is the minimum age below which no one can employ a child?
Ans. Age of 14, Right against Exploitation [Article 24].

19. Moving freely throughout the country is an implication of which Fundamental Right?
Ans. Right to Freedom, Article 19 [Subclause (d)] : ‘Freedom to move freely throughout the territory of India.’

20. Which fundamental right in the Constitution of India prohibits child labour?

Or

Employing children below 14 years of age workers in a bidi making factory is a violation of which Fundamental Right?
Ans. Right against Exploitation [Article 24].

21. Which Fundamental Right says that no person can be deprived of his life or personal liberty except according to procedure established by law?
Ans. Right to Freedom, Article 21: Protection of life and personal liberty.’

22. Which fundamental right protects against untouchability?
Ans. Right to Equality, Article 17 : ‘Abolition of Untouchability’

Short Answers:

1. What does Constitution say about child labour? Explain.
Ans. (1) The Constitution prohibits child labour.
(2) No one can employ a child below the age of fourteen to work in any factory or mine or in any other hazardous work, such as railways and ports.
(3) Using this as a basis, many laws have been made to prohibit children from working in industries such as beedi making, fire crackers and matches, printing and dyeing.

2. Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity. Analyse the statement, keeping in mind ‘Right to Equality’.
Ans. (1) Equality means giving everyone an equal opportunity to achieve whatever one Is capable of.
(2) Sometimes, it is necessary to give special treatment to someone in order to ensure equal opportunity,
(3) This is what job reservations do. Our Constitution says that reservations of this kind are not a violation of the Right to Equality.

3. State has to be neutral and impartial in dealing with all religions. Explain the characteristic feature of the state that is being highlighted through this statement.
Ans. (1) The state that is being highlighted through this statement is a secular state. In a secular state, citizens have complete freedom to follow any religion.
(2) There is no official religion. Government treats all religious beliefs and practices with equal respect. A secular state does not confer any privilege or favour on any particular religion. Nor does it punishes or discriminate against people on the basis of religion they follow.
(3) Every person has a right to profess, practise and propagate the religion he or she believes in. Secularism is based on the idea that the state is concerned only with relations among human beings, and not with the relation between human beings and God.

4. How has reservation been justified in the Constitution? Explain.
Ans. (1) According to our Constitution, all citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.
(2) Sometimes, it is necessary to give special treatment to someone in order to ensure equal opportunity. This is what job reservations do.
(3) Our Constitution says that reservations of this kind are not a violation of the Right to Equality. In fact, the existence of inequalities among people of different castes in India necessitated job reservations. Reservations would give a fair opportunity to those communities who so far had not adequately been represented in government employment.

5. “Freedom of speech is the essential feature of our democratic country.” Justify the statement.
Ans. (1) Under the Indian Constitution, all citizens have the Right to Freedom of Speech and Expression.
(2) This is one of the essential features of any democracy. Our ideas and personality develop only when we are able to freely communicate with others.
(3) Even if a hundred people think in one way, I should have the freedom to think differently and express my views accordingly. I may disagree with a policy of government or activities of an association.

6. Explain any three reasons to put some restrictions on the fundamental right of Right to Freedom.
Ans. (1) Every citizen has the right to all these freedoms. This means that we cannot exercise our freedom in such a manner that violates others’ right to freedom.
(2) Our freedom should not cause public nuisance or disorder.
(3) We should not harm anybody else. We are free to do everything which enquires no one else. That is, freedom is not unlimited licence to do what one wants. So, the government should certain reasonable restrictions on our freedom in the larger interests of the society.

7. Explain the term Writs’ and its impact.
Ans. (1) Writ’ is a formal document containing an order of the court to the government .issued only by the High Court or the Supreme Court
(2)(i) The Writ is issued for the enforcement of the Fundamental Rights.
(ii) Through Writs, the courts can award compensation to the victims and punishment to the violators.

8. What is Public Interest Litigation? Who can lodge a case of public interest?
Ans. (1) Public Interest Litigation (PIL) is the case or litigation against the violation of the Fundamental Right if it is of social or public interest.
(2)Under the PIL, any citizen or group of citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government.
(3) One can write to the judges even on a postcard. The court will take up the matter if the judges find it in public interests.

9. “A and B have been charged with the murder of M. A is very rich and B is a poor person. A should get away with the crime but B should not.” Has the above situation been dealt with in accordance with the ‘rule of law’? Explain with valid arguments.
Ans. (1) No, the above situation has not been dealt with in accordance with the rule of law as the law treats all as equal. ‘A’ should not be acquitted for the reason that he is very rich.
(2) Our Constitution says that the government shall not deny any person in India equality before the law or the equal protection of the laws. This means that the laws applicable in the same manner to all, regardless of a person’s status. This is called the rule of law.
(3) Rule of Law is the foundation of any democracy. It means that no person is above the law. There cannot be any distinction between the rich and poor or a political leader, government official and an ordinary citizen.

Long Answers:-

1. Which right prohibits discrimination on the basis of caste? Explain the right in detail.
Ans. (1) Right to Equality prohibits discrimination on the basis of caste.
(2) According to our Constitution, the government shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
(3) Every citizen shall have access to public places like shops, restaurants, hotels and cinema halls.
(4) Similarly, there shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads , playgrounds and places of public resorts maintained by the government.
(5) All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.

2. ‘Rights protect minorities from the oppression of the majority.’ Explain the statement with the help of examples.
Ans. (1) Constitution makers were so particular in providing written guarantees of the rights of the minorities. These are the language, culture and religion of minorities that need special protection. Otherwise, they may get neglected or undermined under the impact of the language, religion and culture of the majority.
(1) That is why, the Constitution specifies the cultural and educational rights of the minorities:
(i) Any sections of citizens with a distinct language or culture have a right to conserve it.
(ii) 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.
(iii) All minorities have the right to establish and administer educational institutions of their choice. Here minority does not mean only religious minority at the national level.

3. Suggest any five ways to make a State ‘secular’.

Or

A secular State has no official religion. Explain.
Ans. (1) A secular State is one that does not establish any one religion as official religion. Indian secularism practices an attitude of a principled and equal distance from all religions.
(2) A secular State is one that does not confer any privilege or favour on any particular religion. Nor does it punish or discriminate against people on the basis of religion they follow.
(3) Every person has a right to profess, practice and propagate the religion he or she believes 1n. Every religious group or sect is free to manage its religious affairs.
(4) Thus, the government cannot compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
(5) There shall be no religious instruction in the government educational institutions. In educational institutions managed by private bodies no person shall be compelled to take part in any religious instruction or to attend any religious worship.

4. Explain the right which protects all other rights.

Or

How are Fundamental Rights secured ? Explain.
Ans. (1) The Fundamental Rights in the Constitution are important because they are enforceable. A person has a right to Constitutional Remedies to seek the enforcement of the Fundamental Rights and make other rights effective.
(2) We can directly approach the Supreme Court or the High Court of a state. That is why, Dr. Ambedkar called the Right to Constitutional Remedies, ‘the heart and soul’ of our Constitution.
(3) Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government.
(4) Courts also enforce the Fundamental Rights against private individuals and bodies. The Supreme Court and the High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights.
(5) Courts also award compensation to the victims and punishment to the violators.

5. Freedom to practice religion does not mean that a person can do whatever he wants to do in the name of religion. Explain the statement.
Ans. (1) Every person has a right to profess, practice and propagate the religion he or she believes in. Every religious group or sect is free to manage its religious affairs. A person is free to change religion on his or her own will.
(2) Freedom to practice religion does not mean that a person can do whatever he wants in the name of religion.
(3) For example, one cannot sacrifice animals or human beings as offerings to supernatural forces or gods. Religious practices which treat women as inferior or those that infringe women’s freedom are not allowed. Similarly, one cannot force a widowed woman to shave head or wear white clothes.

6. (a) A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention. Why criminals should be given any rights when they don’t obey the laws of the country?
(b) Write the other two rights of the arrested person.
Ans. (a) A person who is arrested and detained in custody, will have to be informed of the reasons for such arrest and detention. Even a prisoner of war gets certain rights as per international treaties, his/her family has the right to be informed about his/her arrest. There has to be trial before any magistrate as per laws of the country. No person can be deprived of his life or personal liberty except according to procedure established by law. It means that no person can be killed unless the court has ordered a death sentence.
(b) The other two rights of the arrested persons are following;
(1) A person who is arrested and detained, shall be produced before the nearest magistrate within a period of 24 hours of arrest.
(2) Such a person has the right to consult a lawyer or engage a lawyer for his defence.

7. Explain the procedure to be followed for arresting and detaining any person.
Ans. (1) The Constitution of India requires that the person arrested or detained in custody should be produced before the nearest Magistrate within 24 hours.
(2) No such person should be detained beyond such period without the authority of the Magistrate.
(3) The Criminal Procedure Code also makes a similar provision in respect of persons arrested without warrant.
(4) In case of complaint, the Magistrate should check the time of arrest by questioning the person arrested.
(5) If the Magistrate finds that any person has been unlawfully detained, he shall report the matter to the Sessions Judge, who shall take appropriate action in the matter.

8. Explain the ‘Right to Freedom of Religion’.
Ans. (1) As a secular nation, every citizen of India has the right to freedom of religion i.e., “liberty of thought, belief, faith and worship”.
(2) Right to freedom of religion is well-described in the Article 25, 26, 27 and 28 of Indian Constitution.
(3) Our Constitution describes the freedom of concience and free profession, practice and propagation of religion.
(4) We have the freedom to run religious affairs. Indian Constitution firmly states that all religions are equal before the law and no religion shall be favoured over the other.
(5) According to our Constitution, no person shall be compelled to pay any tax for the promotion or maintenance of any religion.

9. Explain any three restrictions on the ‘Right to Freedom of Religion’.

Or

‘Freedom to Religion’ does not mean that a person can do whatever he wants to do in the name of religion. Explain the statement.
Ans. (1) It is absolutely impossible to forcibly convert any person against his will as such a right would infringe the right to freedom.
(2) All religions are equal before the State and no religion shall be given preference over the other.
(3)Activities in religions’ charitable institutions which are not religious should be performed according to the law laid down by the government.
(4) It shall not affect the operation of any existing law or prevent the State for making any further law regulating or restricting any economic, financial, political or other secular activities.
(5) No person is allowed to sacrifice animals or human beings as offerings to supernatural forces or Gods.
(6) Religious practices which treat women as inferior or those that infringe women’s freedom are not allowed.

10. Explain secularism.
Ant. (1) Secularism is the attitude that religion should have no place in civil affair.
(2) Secularism in India means equal treatment to all religions by the State.
(3) The people of India have freedom of religion, and the State treats all individuals as equal citizens regardless of their religion.
(4) Public education and other matters of civil policy should be conducted without the influence of religious beliefs.
(5) View is that religion and religious considerations should be ignored or excluded from social and political matters.

11. ‘Freedom of speech and expression is one of the essential features of any democracy.’ Explain.
Ans. (1) ‘Freedom of speech and expression’ allows an individual to take part in public activities.
(2) Freedom of speech and expression includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontier either orally, in writing or in print, in the form of art.
(3) Mass media is an instrument for exercising the freedom of speech and expression which is important for a democratic society.
(4) Freedom of speech is not the freedom to hurt or harm others in the political arena or in the society.
(5) The betterment of society depends on the right exercise of freedom which should not be taken away from us in any guise, rhetoric or policy.

12. Explain the meaning of violation of Fundamental Rights.
Ans. (1) Violation of fundamental rights has been processed if any person does any action which is rebelling against the Fundamental Rights.
(2) In case of violation of Fundamental Rights, effected person has to be awarded compensation for violation of the same. This can be monetarily or as an imprisonment which is defined in many sections.
(3) The constitutional remedies empowers the citizens to move into a court of law in case of any denial of the Fundamental Rights.

13. Women are often stereotyped into certain professions. Is stopping women from taking up any particular profession violation any of their Fundamental Rights? Explain.
Ans. (1) Women are never stopped from taking up any particular profession as per their Fundamental Rights.
(2) Article 16 of the Constitution of India, clearly mentions that the state shall treat everyone qually in the matters of employment. No citizen shall be discriminated on the basis of race, gender, caste, religion, creed, descent or place or birth in respect of any employment or office under the state.
(3) Equality before law is well-defined under the Article 14 of the Constitution which ensures that every citizen shall be likewise protected by the laws of the country. It means that the State will not distinguish any of the Indian citizens on the basis of their gender, caste, creed, religion or even the place of birth.

14. Explain the reason for calling some rights as Fundamental Rights.
Ans. (1) Fundamental means basic or in other words, it is the bare minimum rights required for any citizen to grow or to reach his maximum growth potential physically, culturally, economically, etc.
(2) These rights are unavoidably essential for complete growth of an individual’s personality, and in absence of these moral and spiritual developments of individual are not possible.
(3) They are called as Fundamental Rights because they are ‘basic laws’ of a nation. These rights are explained in the Constitution and changing governments cannot play with them according to their whims.
(4) The Fundamental Rights are inevitable and executive as well as legislature cannot play with them and they have to provide due respect to them.
(5) These rights are judiciable, and, are protected by courts in any case of violation.

15. Mention any three features of Right to Equality.

Or

Explain the Right to Equality’.

Or

Explain various implications of ‘Right to Equality’.
Ans. (1) Every one should be treated equally before law. It means that the laws apply in the same manner to all, regardless of a person’s status.
(2) It prohibits discrimination on the basis of religion, caste, sex or place of birth.
(3) There cannot be any distinction between a political leader, government official and an primary citizen.
(4) Every citizen will enjoy the equality of opportunity.
(5) Under this right the untouchability has been abolished.

16. Sight to freedom is not a right but also a group of many rights.’ Explain.

Or

Describe any five freedoms granted to the citizens of India under the right to freedom.

Or

Right to Freedom’ is the most important Fundamental right. Analyse this statement.

Ans. These are as follow:
(1) Freedom of speech and expression: Our ideas and personality develop only when we are able to freely communicate with others and express our views without any fear.
(2) Freedom to form unions and associations: For example, workers in a factory can form a worker’s union to promote their interests. People can form association to campaign against corruption or pollution.
(3) Freedom of residence and settlement : We are free to reside and settle in any part of the territory of India.
(4) Freedom of movement throughout the territory of India : This right allows lakhs of people to migrate from village to towns and from poorer regions of the country to prosperous regions and big cities.
(5) Freedom to assemble peacefully without arms: People can assemble to discuss a problem, exchange ideas, to support a cause etc. but this could be done in a peaceful manner. No body is allowed to carry weapons with him/her.
(6) Freedom of profession, trade or business: This freedom allows us to do job of our choice. No one can force us to do a certain job. Women cannot be told that some kinds of occupations are not for them. People from deprived caste cannot be kept to their traditional occupations.

17. Name the three evils against which ‘The Right Against Exploitation’ is practised.

Or

Mention the three specific evils which are declared illegal by the Constitution under Right against Exploitation.

Or

Explain the main provisions of the ‘Right Against Exploitation.’

Or

State the ‘Right against Exploitation’.
Ans. Following are the specific evils declared illegal by the Indian Constitution under the Right Against Exploitation’ :
(1) The Constitution prohibits ‘traffic’ in human beings. Traffic here means selling and buying of human beings, usually women, for immoral purposes.
(2) Our Constitution also prohibits forced labour or begar in any form. Begar’ is a practice whir* the worker is forced to render service to the ‘master’ free of charge or at a nominal wage.
(3) The Constitution prohibits child labour. No one can employ a child below the age or fourteen to work in any factory or mine or in any other hazardous work, such as railway* o; ports.

18. The Right to Constitutional Remedies has been called the heart and soul of Our Constitution. Why? Explain any three reasons.
Ans. (1) When any of our rights is violated, we can seek remedy through courts.
(2) if it is a fundamental right, we can directly approach the Supreme Court or the High Court of the state.
(3) If any act of legislature or executive takes away or limits any of the fundamental rights, it will be invalid. We can challenge such laws of the central or the state government in the court of law.
(4) The Supreme Court and the High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights.
(5) Right to Constitutional Remedies makes other rights effective. This right is the guardian of other rights.

19. What do you understand by Public Interest Litigation ? Mention any two significances of it.

Or

Explain the term Public Interest Litigation.
Ans. (1) PIL or Public Interest Litigation is a type of litigation through which anyone can approach the court if public interest is hurt by the actions of the government.
(2) Following are the importance or significance of PIL :
(i) Any citizen or group of citizens can approach the Supreme Court or a High Court for the protection of public interest against a particular law or action of the government. One can is write to the Judges even on a Post Card.
(ii) The PIL has become a powerful weapon in the hands of the public to check malpractices on the part of public officials.

20. What are Fundamental Rights? Mention the six Fundamental Rights provided in the Indian Constitution. Which Fundamental Right protects the rest of the Fundamental Rights?
Ans. (1) Fundamental Rights: Fundamental Rights are the basic rights which are given a special status in the Indian Constitution. They put all the promises made to ensure equality, liberty and justice to the citizens. They are justifiable and hence very important.
(2) The Constitution provides the following six Fundamental Rights:
(i) Right to Equality: Citizens are guaranteed that the government shall not discriminate against any religion, caste, ethnicity, sex or place of birth.
(ii) Right to Freedom: Right to freedom incorporates several rights. Right to freedom of speech and expression, assembly, association or union, movement, residence and right to practice any profession or occupation .
(iii) Right to Freedom of Religion: Every person has a right to profess, practice and propagate the religion he or she believes in. Every religious group or sect is free to manage its religious affairs.
(iv) Cultural and Educational Right: Any section of citizens, with a distinct language has a right to conserve it and right of minorities to establish and administer educational institutions of their choice.
(v) Right against Exploitation: Our Constitution prohibits all forms of forced labour, child labour and traffic in human beings.
(vi) Right to Constitutional Remedies: It protects the rest of the Fundamental Rights.

21. ‘Reservations are against right to equality.” Do you agree? Support your answer with arguments.

Or

Government of India has provided reservations for Scheduled Caste, Scheduled Tribes and Other Backward Classes.’ Are these reservations against ‘Right to Equality’? Elaborate.
Ans. (1) No, I do not agree with the statement that reservations are against right to equality.
(2)(i) Equality does not mean giving everyone the same treatment, no matter what they need.
(ii) Equality means giving everyone an equal opportunity to achieve whatever one is capable of.
(iii) Sometimes, it is necessary to give special treatment to someone in order to ensure equal opportunity. This is what job reservations do.
(iv) Just to clarify this, Constitution says that reservation of this kind is not a violation of the Right to Equality

EXPANDING SCOPE OF RIGHTS

Very Short Answers:-

1. Mention any one right that has been granted to the South Africans but not granted to the Indians.
Ans. Right to Health.
2. Name a right which by law is available to Indian citizens in their country but not to citizens of South Africa in their country.
Ans. Right to Information.

Long Answers:-
1. ”Rights are not limited only to Fundamental Rights as enumerated in the Constitution.” Justify the statement.

Or

“The scope of rights has expanded in recent times.” Explain the statement with five examples.

Or

How has the scope of rights expanded in recent times? Give examples in support of your answer

Or

The scope of rights has expanded in recent times.” Explain the statement with examples.
Ans. (1) Our Constitution and law offer a wider range of rights. Over the years the scope of rights has expanded.
(2) Sometimes, it leads to an expansion in the legal rights that the citizen can enjoy. From time to time, the courts gave judgments to expand the scope of rights.


(3) Certain rights like Right to Freedom of Press, Right to Information, and Right to Education are derived from the Fundamental Rights.
(4) Recently the Supreme Court has expanded the meaning of the Right to Life to include the Right to Food.
(5) So, we can say that rights are not limited only to Fundamental Rights as enumerated in the Constitution. In fact, Constitution provides many more rights which may not be Fundamental Rights.

2. Explain any five rights that the Constitution of South Africa guarantees to its citizens ” not provided in the Constitution of India.

Or

Describe any three rights of the people of South Africa which are not available to the citizens of India.

Or

State any three new rights guaranteed by the Constitution of South Africa.
Ans. (1) Right to privacy so that citizens or their home cannot be searched, their phones can not be tapped and their communications can not be opened.
(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 healthcare.
(5) Right to have sufficient food and water.

VALUE-BASED QUESTIONS

1.”Citizens have the freedom to hold meetings, rallies and demonstrations on any issue. Which values are reflected through this right?
Ans. (1) Peace and Fairness: These meetings, rallies and demonstrations should be in I a peaceful manner. They should not lead to public disorder or breach of peace in society.
(2) Association: This right reflects associations. Citizens can form associations. For example, some people may come together to form an association, hold meetings to campaign against corruption or pollution.
(3) Respect to Differences: These meetings should respect differences. Differences are of different orders and distinct nature. As it is usual to have differences in our society, there are differences in different political institutions also. We should have respect towards the differences of opinions.

2. “Women Reservation in Parliament is an important step for the empowerment of women? Support the statement by highlighting the values.
Ans. (1) Women Empowerment: This policy will increase women’s participation in the Parliament and thus, certainly help in women empowerment.
(2) Gender Equality: Males and females both are equally important for the smooth running of society. We should understand that girls are equivalent to boys. Even daughters play a major role in society.
(3) Social Justice: Every citizen of India will have social, economic and political justice. Citizens cannot be discriminated on the grounds of caste, religion and gender. The government should continue to work for the reduction of social inequalities and welfare to all.

3. “Secularism is based on the idea that the state is concerned only with the relation among human beings and not with the relation between human beings and God.” Explain the statement with the values associated with this.
Ans. (1) Secularism: Citizens have complete freedom to follow any religion in India. But, there is no official religion. The government treats all religious beliefs and practices with equal respect.
(2) Fraternity: All the citizens of India have been assured about the dignity of the individual and the unity and integrity of the nation. All of us should behave like the members of the same family. No one is treated as inferior.
(3) Equality: All are equal before the law. Every citizen will be provided with the equality of status and opportunity. The traditional, social and religious inequalities have to be ended.

4. “The Constitution of India prohibits child labour. No one can employ a child below the age of fourteen to work. But this evil is not rooted out even today.” Suggest the values that can help to root out this evil from the society.
Ans. (1) Respect to the Constitution: We should respect our Constitution and the law of the land. Our Constitution prohibits child labour. Many laws have been made to prohibit children from working in industries. We should respect them.
(2) Humanity: We should respect humanity. Children have the full right to enjoy their childhood.
(3) Social Responsibility: Children is our future. It is our social responsibility to help children to enjoy his/her childhood. Responsibility means taking care of one’s duties. According to Winston Churchill, the price of greatness is responsibility. In fact, we evaluate people, groups or institutions depending on how seriously they take their responsibilities.

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