This chapter explores the importance of rights in a democracy, illustrating life without rights through case studies, defining rights, and detailing the six Fundamental Rights in the Indian Constitution. It also covers their enforcement via courts and the National Human Rights Commission (NHRC) and discusses the expanding scope of rights.
Guantanamo Bay: Around 600 people, including Jamil El-Banna, were detained by US forces without trial, tortured, and denied access to families or courts. Amnesty International reported violations of US laws and international treaties. The UN demanded closure, but the US refused.
Saudi Arabia: Citizens lack rights under a hereditary monarchy. The king controls all branches, bans political parties, restricts media, enforces Islam, and limits women’s rights (e.g., one man’s testimony equals two women’s).
Kosovo Massacre: In 1999, Serb nationalist Milosevic’s government targeted ethnic Albanians. Batisha Hoxha’s husband was killed, and her home burned by Serbian troops, despite democratic elections. International intervention stopped the massacre; Milosevic faced trial for crimes against humanity.
Indian Examples:
Key Insight: Without rights, individuals face arbitrary detention, oppression, or violence, even in democracies, highlighting the need for enforceable protections.
What Are Rights? Rights are reasonable claims recognized by society and sanctioned by law, allowing individuals to live with dignity and security without harming others. They come with obligations to respect others’ rights.
Why Rights Matter:
Legal Recognition: Rights gain force when written into law, enabling citizens to demand enforcement through courts. Without legal backing, claims remain moral or natural rights (e.g., Guantanamo prisoners’ moral claim against torture).
Evolution of Rights: Rights change with society (e.g., women’s voting rights, once unthinkable, are now standard except in places like Saudi Arabia).
Fundamental Rights: Six Fundamental Rights are enshrined in the Constitution to ensure equality, liberty, and justice, enforceable against government and private entities.
Right to Equality (Articles 14–18):
Right to Freedom (Articles 19–22):
Right Against Exploitation (Articles 23–24):
Right to Freedom of Religion (Articles 25–28):
Cultural and Educational Rights (Articles 29–30):
Right to Constitutional Remedies (Article 32):
Table of Fundamental Rights:
| Right | Key Provisions |
|---|---|
| Equality | Equal before law, non-discrimination, equal opportunity, abolish untouchability/titles |
| Freedom | Speech, assembly, association, movement, residence, profession; life/liberty protection |
| Exploitation | Prohibit trafficking, forced labor, child labor |
| Religion | Profess, practice, propagate religion; secular state; no forced conversion |
| Cultural/Educational | Conserve minority language/culture, establish institutions |
| Constitutional Remedies | Enforce rights via courts, PIL, writs |
Judiciary: Independent courts enforce Fundamental Rights against government, legislature, or private bodies, using judicial review to strike down unconstitutional laws.
National Human Rights Commission (NHRC): Established in 1993, this independent body investigates human rights violations, including Constitutional and UN treaty rights. It conducts inquiries, summons witnesses, inspects prisons, and recommends actions to courts or government, but cannot punish directly. Complaints can be sent to NHRC, G.P.O. Complex, INA, New Delhi 110023, without fees. State Human Rights Commissions exist in all 28 states.
Examples: NHRC intervenes in cases like custodial violence or child labor, ensuring victims’ rights are addressed.
Beyond Fundamental Rights: Constitutional rights (e.g., property, voting) and court-derived rights (e.g., press freedom, information, education) expand legal protections.
Court Rulings: Right to education (up to 14), right to information, and right to food (under right to life) are now enforceable.
Human Rights: Universal moral claims, like those in the International Covenant on Economic, Social and Cultural Rights (e.g., work, health, housing), push for broader recognition, though not all are legally binding.
South African Constitution: Includes rights to privacy, healthy environment, housing, and healthcare, inspiring global standards.
New Rights: Emerging through societal struggles and new constitutions, reflecting evolving democratic needs (e.g., privacy, livelihood proposed in India).
Role of Rights: Rights sustain democracy, protect minorities, and ensure fairness, preventing oppression.
Fundamental Rights: Six rights—equality, freedom, against exploitation, religion, cultural/educational, and constitutional remedies—form the core of India’s democratic framework.
Enforcement: Courts and NHRC protect rights, with PIL enabling public action.
Expansion: Rights evolve through laws, courts, and global standards, addressing new societal needs.