Prison in Guantanamo Bay
About 600 people were secretly picked up by the US forces from all over the world as enemies of the US and linked to the attack on New York on 11 September 2001and put in a prison in Guantanamo Bay,
The governments of their countries were not asked or even informed about their imprisonment.
Families of prisoners, media or even UN representatives were not allowed to meet them, no trial before any magistrate in the US. Nor could approach courts in their own country. The US army arrested them, interrogated them and decided whether to keep them there or not.
Amnesty International, 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. Prisoners were not released even after they were officially declared not guilty.
The UN Secretary General said the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.
Citizens Rights in Saudi Arabia
The country is ruled by a hereditary king, selects the legislature as well as the executive, appoints the judges and can change any of their decisions.
Citizens are denied the Right to Speech and expression, even the Right of Religion
Women are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.
Ethnic massacre in Kosovo
In Kosovo the population was overwhelmingly ethnic Albanian. But in Yugoslavia, Serbs were in majority. A narrow minded Serb nationalist Milosevic (pronounced Miloshevich) had won the election, wanted the Serbs to dominate the country. Ethnic minorities should either leave the country or accept the dominance of the Serbs.
Soldiers of Milosevic shot 77- year-old Izet in front of his wife 74-year-old Batisha Hoxha. Her wedding ring was pulled out off her finger and they burnt the house. This was one of the worst instances of killings based on ethnic prejudices in recent times. 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.
What are rights?
Rights are claims of a person over other fellow beings, over the society and over the government.
Claims we make should be reasonable. They should be such that can be made available to others in an equal measure. A right comes with an obligation to respect other rights. Right has to be recognised by the society we live in. What is recognised by the society as rightful becomes the basis of rights. That is why the notion of rights changes from time to time and society to society. When the socially recognised claims are written into law they acquire real force. Rights are reasonable claims of persons, recognised by society and sanctioned by law.
When fellow citizens or the government 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.
Why do we need rights in a democracy?
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 this it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
Rights also perform a very special role in a democracy. Rights protect minorities from the oppression of majority. They ensure that the majority cannot do whatever it likes. 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 the government, so that the government cannot violate them. In most democracies the basic rights of the citizen are written down in the constitution.
RIGHTS IN THE INDIAN CONSTITUTION
Some rights which are fundamental to our life are given a special status, these are mentioned in the Constitution.They are called Fundamental Rights.The preamble of our Constitution talks about securing for all its citizens equality, liberty and justice. Fundamental Rights put this promise into effect. They are an important basic feature of India's Constitution.
Right to Equality
The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status. This is called the rule of law. It means that no person is above the law.
Every citizen is subjected to the same laws. No person can legally claim any special treatment or privilege just because he or she happens to be an important person.
As per the Constitution, 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, there shall be no restriction with regard to the use of public utilities maintained by government or dedicated to the use of general public. All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.
Are reservations against the right to equality? They are not. Equality does not mean giving everyone the same treatment, no matter what they need. Equality means giving everyone an equal opportunity to achieve whatever one is capable of. Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity. This is what job reservations do.
The Constitution mentions one extreme form of social discrimination, the practice of untouchability, and clearly directs the government to put an end to it. The practice of untouchability has been forbidden in any form. The Constitution made untouchability a punishable offence.
Right to Freedom
Under the 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, and
Practice any profession, or to carry on any occupation, trade or business.
One cannot exercise your freedom in such a manner that violates others' right to freedom. Your freedoms should not cause public nuisance or disorder. Freedom is not unlimited license to do what one wants. Accordingly, the government can impose certain reasonable restrictions on our freedoms in the larger interests of the society. You cannot use this freedom to instigate violence against others. You cannot use it to incite people to rebel against government.
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 no person can be killed unless the court has ordered a death sentence. It also means that a government or police officer can arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures:
A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest.
Such a person has the right to consult a lawyer or engage a lawyer for his defense.
Right against Exploitation
The Constitution mentions three specific evils and declares these illegal. First, the Constitution prohibits 'traffic in human beings'. Traffic here means selling and buying of human beings. Second, our Constitution also prohibits forced labour or begar in any form. Finally, the Constitution also prohibits child labour. 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. Using this as a basis many laws have been made to prohibit children from working in industries such as beedi making, firecrackers and matches, printing and dyeing.
Right to Freedom of Religion
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. The state has to be neutral and impartial in dealing with all religions.
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. 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. Bieng Secular, the government cannot com- pel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution. There shall be no religious instruction in the govern- ment 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.
Cultural and Educational Rights
The language, culture and religion of minorities needs special protection. The Constitution specifies the cultural and educational rights of the minorities:
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.
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 enforcement of the above mentioned rights. This is called the Right to Constitutional Remedies. This itself is a Fundamental Right. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. If it is a Fundamental Right 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.
Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government. We can challenge such actions of the central and state governments, the policies and actions of the government or the governmental organisations like the nationalised banks or electricity boards. Courts also enforce the Fundamental Rights against private individuals and bodies. The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. They can also award compensation to the victims and punishment to the violators.
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). 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. One can write to the judges even on a postcard. The court will take up the matter if the judges find it in public interest.
Expanding Scope of Rights
Over the years the scope of rights has expanded. 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 children up to the age of 14 years. 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. Recently the Supreme Court has expanded the meaning of the right to life to include the right to food.
Sometimes the expansion takes place in what is called human rights. These are universal moral claims that may or may not have been recognised by law.
Some international covenants have also contributed to the expansion of rights.
The Constitution of South Africa guarantees its citizens several kinds of new rights:
Right to privacy, so that citizens or their home cannot be searched, their phones cannot be tapped, their communication cannot be opened.
Right to an environment that is not harmful to their health or well- being;
Right to have access to adequate housing.
Right to have access to health care services, sufficient food and water; no one may be refused emergency medical treatment.
About 600 people were secretly picked up by the US forces from all over the world as enemies of the US and linked to the attack on New York on 11 September 2001and put in a prison in Guantanamo Bay,
The governments of their countries were not asked or even informed about their imprisonment.
Families of prisoners, media or even UN representatives were not allowed to meet them, no trial before any magistrate in the US. Nor could approach courts in their own country. The US army arrested them, interrogated them and decided whether to keep them there or not.
Amnesty International, 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. Prisoners were not released even after they were officially declared not guilty.
The UN Secretary General said the prison in Guantanamo Bay should be closed down. The US government refused to accept these pleas.
Citizens Rights in Saudi Arabia
The country is ruled by a hereditary king, selects the legislature as well as the executive, appoints the judges and can change any of their decisions.
Citizens are denied the Right to Speech and expression, even the Right of Religion
Women are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.
Ethnic massacre in Kosovo
In Kosovo the population was overwhelmingly ethnic Albanian. But in Yugoslavia, Serbs were in majority. A narrow minded Serb nationalist Milosevic (pronounced Miloshevich) had won the election, wanted the Serbs to dominate the country. Ethnic minorities should either leave the country or accept the dominance of the Serbs.
Soldiers of Milosevic shot 77- year-old Izet in front of his wife 74-year-old Batisha Hoxha. Her wedding ring was pulled out off her finger and they burnt the house. This was one of the worst instances of killings based on ethnic prejudices in recent times. 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.
What are rights?
Rights are claims of a person over other fellow beings, over the society and over the government.
Claims we make should be reasonable. They should be such that can be made available to others in an equal measure. A right comes with an obligation to respect other rights. Right has to be recognised by the society we live in. What is recognised by the society as rightful becomes the basis of rights. That is why the notion of rights changes from time to time and society to society. When the socially recognised claims are written into law they acquire real force. Rights are reasonable claims of persons, recognised by society and sanctioned by law.
When fellow citizens or the government 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.
Why do we need rights in a democracy?
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 this it is necessary that citizens should have the right to express their opinion, form political parties and take part in political activities.
Rights also perform a very special role in a democracy. Rights protect minorities from the oppression of majority. They ensure that the majority cannot do whatever it likes. 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 the government, so that the government cannot violate them. In most democracies the basic rights of the citizen are written down in the constitution.
RIGHTS IN THE INDIAN CONSTITUTION
Some rights which are fundamental to our life are given a special status, these are mentioned in the Constitution.They are called Fundamental Rights.The preamble of our Constitution talks about securing for all its citizens equality, liberty and justice. Fundamental Rights put this promise into effect. They are an important basic feature of India's Constitution.
Right to Equality
The Constitution says that the government shall not deny to any person in India equality before the law or the equal protection of the laws. It means that the laws apply in the same manner to all, regardless of a person's status. This is called the rule of law. It means that no person is above the law.
Every citizen is subjected to the same laws. No person can legally claim any special treatment or privilege just because he or she happens to be an important person.
As per the Constitution, 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, there shall be no restriction with regard to the use of public utilities maintained by government or dedicated to the use of general public. All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.
Are reservations against the right to equality? They are not. Equality does not mean giving everyone the same treatment, no matter what they need. Equality means giving everyone an equal opportunity to achieve whatever one is capable of. Sometimes it is necessary to give special treatment to someone in order to ensure equal opportunity. This is what job reservations do.
The Constitution mentions one extreme form of social discrimination, the practice of untouchability, and clearly directs the government to put an end to it. The practice of untouchability has been forbidden in any form. The Constitution made untouchability a punishable offence.
Right to Freedom
Under the 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, and
Practice any profession, or to carry on any occupation, trade or business.
One cannot exercise your freedom in such a manner that violates others' right to freedom. Your freedoms should not cause public nuisance or disorder. Freedom is not unlimited license to do what one wants. Accordingly, the government can impose certain reasonable restrictions on our freedoms in the larger interests of the society. You cannot use this freedom to instigate violence against others. You cannot use it to incite people to rebel against government.
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 no person can be killed unless the court has ordered a death sentence. It also means that a government or police officer can arrest or detain any citizen unless he has proper legal justification. Even when they do, they have to follow some procedures:
A person who is arrested and detained in custody will have to be informed of the reasons for such arrest and detention.
A person who is arrested and detained shall be produced before the nearest magistrate within a period of 24 hours of arrest.
Such a person has the right to consult a lawyer or engage a lawyer for his defense.
Right against Exploitation
The Constitution mentions three specific evils and declares these illegal. First, the Constitution prohibits 'traffic in human beings'. Traffic here means selling and buying of human beings. Second, our Constitution also prohibits forced labour or begar in any form. Finally, the Constitution also prohibits child labour. 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. Using this as a basis many laws have been made to prohibit children from working in industries such as beedi making, firecrackers and matches, printing and dyeing.
Right to Freedom of Religion
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. The state has to be neutral and impartial in dealing with all religions.
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. 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. Bieng Secular, the government cannot com- pel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution. There shall be no religious instruction in the govern- ment 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.
Cultural and Educational Rights
The language, culture and religion of minorities needs special protection. The Constitution specifies the cultural and educational rights of the minorities:
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.
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 enforcement of the above mentioned rights. This is called the Right to Constitutional Remedies. This itself is a Fundamental Right. This right makes other rights effective. It is possible that sometimes our rights may be violated by fellow citizens, private bodies or by the government. If it is a Fundamental Right 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.
Fundamental Rights are guaranteed against the actions of the Legislatures, the Executive, and any other authorities instituted by the government. We can challenge such actions of the central and state governments, the policies and actions of the government or the governmental organisations like the nationalised banks or electricity boards. Courts also enforce the Fundamental Rights against private individuals and bodies. The Supreme Court and High Courts have the power to issue directions, orders or writs for the enforcement of the Fundamental Rights. They can also award compensation to the victims and punishment to the violators.
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). 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. One can write to the judges even on a postcard. The court will take up the matter if the judges find it in public interest.
Expanding Scope of Rights
Over the years the scope of rights has expanded. 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 children up to the age of 14 years. 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. Recently the Supreme Court has expanded the meaning of the right to life to include the right to food.
Sometimes the expansion takes place in what is called human rights. These are universal moral claims that may or may not have been recognised by law.
Some international covenants have also contributed to the expansion of rights.
The Constitution of South Africa guarantees its citizens several kinds of new rights:
Right to privacy, so that citizens or their home cannot be searched, their phones cannot be tapped, their communication cannot be opened.
Right to an environment that is not harmful to their health or well- being;
Right to have access to adequate housing.
Right to have access to health care services, sufficient food and water; no one may be refused emergency medical treatment.
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