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If you were a Serb, would you support what Milosevic did in Kosovo? Do you think this project of establishing Serb Dominance was good for the Serbs?
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For each of the three cases of life without rights mention an example from India. These could include the following
•Newspaper reports on custodial violence.
•Newspaper reports on force-feeding of prisoners who go on hunger strikes.
•Ethnic massacre in any part of our country.
•Reports regarding unequal treatment of women.
List the similarities and differences between the earlier case and the Indian example. It is not necessary that for each of these cases you must find an exact Indian parallel.
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What are the examples of elected governments not protecting or even attacking the rights of their own citizens? Why do they do that?
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Everyone knows that the rich can have better lawyers in the courts. What is the point in talking about equality before law?
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Go to the playground of the school or any stadium and watch a 400 meters race on any track. Why are the competitors in the outer lane placed ahead of those in the inner lane at the starting point of the race? What would happen if all the competitors start the race from the same line? Which of these two would be an equal and fair race? Apply this example to a competition for jobs.
Observe any big public building. Is there a ramp for physically handicapped? Are there any other facilities that make it possible for physically handicapped to use the building in the same way as any one else? Should these special facilities be provided, if it leads to extra expenditure on the building? Do these special provisions go against the principle of equality?
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Should the freedom of expression be extended to those who are spreading wrong and narrow minded ideas? Should they be allowed to confuse the public?
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Are these cases instances of violation of the right to freedom? If yes, which constitutional provision does each violate?
(i) The Government of India banned Salman Rushdie's book The Satanic Verses on the ground that it was disrespectful to Prophet Mohammed and was likely to hurt the feelings of the Muslim community.
(ii) Every film has to be approved by the Censor Board of the Government before it can be shown to the public. But there is no such restriction if the same story is published in a book or a magazine.
(iii) The government is considering a proposal that there will be industrial zones or sectors of the economy where workers will not be allowed to form unions or go on strike.
(iv) City administration has imposed a ban on use of public microphones after 10 PM in view of the approaching secondary school examinations.
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On the basis of these news reports write a letter to the editor or a petition to a court highlighting the violation of the right against exploitation
A petition was filed in the Madras High Court. The petitioner said a large number of children aged between seven and 12 were taken from villages in Saleem district and sold at auctions at Olur Nagar in Kerala's Thrissur district. The petitioner requested the courts to order the government to check these facts. (March 2005)
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Children, from the age of five were employed in the iron or mines in the Hospet, Sandur and the Ikal areas in Karnataka. Children were forced to carry out digging, breaking stones, loading, dumping, transporting and processing of iron ore with no safely equipment, fixed wages and working hours. They handled a high-level of toxic wastes and were exposed to mine dust, which was above the permissible level. The school dropout rate in the region was very high. (May 2005)
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The latest annual survey conducted by the National Sample Survey Organization found that the number of female child labourers was growing both in rural and urban areas. The survey revealed there were 41 female child labourers per thousand worker population in rural areas as against the previous figure of 34 per thousand. The figure for male child had remained at 31. (April 2005)
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The Constitution does not give people their religion. Then how can it give people the right to practice their religion?
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Read these news reports and identify the right that is being debated in each of these cases:
(i)An emergency session of the Shiromani Gurdwara Prabandhak Committee (SGPC) rejected the proposal to form a separate body to manage the affairs of Sikh shrines in Haryana. It warned the government that the Sikh community would not tolerate any interference in their religious affairs (June 2005).
(ii) The Allahabad High Court quashed the Central law which gave Aligarh Muslim University its minority status, and held illegal the reservation of seats for Muslims in its postgraduate medical courses (January 2006).
(iii) The Rajasthan Government has decided to enact an anti-conversion law. Christian leaders have said that the Bill would aggravate the sense of insecurity and fear in the minds of minorities (March 2005).
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Can the President of India stop you from approaching the Supreme Court to secure your Fundamental Rights?
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National Human Rights Commission
Do you notice references to the National Human Rights Commission (NHRC) in the news collage on this page? These references reflect the growing awareness of human rights and struggles for human dignity. Many cases of human rights violations in diverse fields, for instance, Gujarat riots, are being brought to the public notice from across India. Human rights organizations and the media often criticize government agencies for not seriously pursuing these cases or catching the culprits.
Someone had to intervene on behalf of the victims. This is where the National Human Rights Commission stepped in. This is an independent commission set up by law in 1993. Like judiciary, the Commission is independent of the government. The Commission is appointed by the President and includes retired judges, officers and eminent citizens. Yet it does not have the burden of deciding court cases. So, it can focus on helping the victims secure their human rights. These include all the rights granted to the citizens by the Constitution. For NHRC human rights also include the rights mentioned in the UN sponsored international treaties that India has signed.
The NHRC cannot by itself punish the guilty. That is the responsibility of courts. The NHRC is there to make independent and credible inquiry into any case of violation of human rights. It also inquires into any case of abetment of such violation or negligence in controlling it by any government officer and takes other general steps to promote human rights in the country. The commission presents its findings and recommendations to the government or intervenes in the court on behalf of the victims. It has wide ranging powers to carry out its inquiry. Like any court it can summon witnesses, question any government official, demand any official paper, visit any prison for inspection or send its own team for on-the spot inquiry.
Any citizen of India can write a letter to this address to complain against the violation of human rights : National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110001. There is no fee or any formal procedure to approach the NHRC. Like NHRC, there are State Human Rights Commissions in 16 states of the country.
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Are these rights only for adults? Which of these rights are available to children?
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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
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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
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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
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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
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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.
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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.
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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.
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When Madhurima went to the property registration office, the Registrar told her, "You can't write your name as Madhurima Bannerjee d/o AK Bannerjee. 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?
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Thousands of tribal’s 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. 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.
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Draw a web interconnecting different rights discussed in this chapter. e.g., 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.
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