Q 1 – Who has the legal right to get a free copy of the FIR from the police?
Ans. The complainant also has a legal right to get a free copy of the FIR from the police.
Q 2 – When does the role of the prosecutor begin?
Ans. The role of the prosecutor begins once the police have conducted the investigation and filed the charge sheet in the court.
Q 3 – When do the police begin their investigations into a crime?
Ans. It is with the registration of an FIR (First Information Report) that the police can begin their investigation into a crime.
Q 4 – What has been mentioned in the D.K. Basu guidelines about the friend and relative of the person arrested, detained, or being interrogated?
Ans. The person arrested, detained, or being interrogated has a right to inform a relative, friend, or well-wisher.
Q 5 – Mention the four key players in the criminal justice system?
Ans. The four key players in the criminal justice system are as follows:-
- The police.
- The Public Prosecutor.
- The Defense lawyer.
- The Judge.
Q 6 – Mention any one of the Fundamental Rights that Article 22 of the Constitution guarantees to every arrested person.
Ans. The Right not to be ill treated or tortured during arrest or in custody.
Q 7 – What does the rule of law say?
Ans. The rule of law says that everyone is equal before the law. The words will not make much sense if every citizen were not guaranteed a fair trial by the Constitution.
Q 8 – What was the final verdict in Shanti’s case?
Ans. In Shanti’s case, justice was finally done to her because she was given a fair trial.
Q 9 – What is one of the important function of police?
Ans. One important function of the police is to investigate any complaint about the commission of a crime.
Q 10 – Name the guidelines laid down by the Supreme Court of India which had to be followed while the process of arrest, detention interrogation of any person?
Ans. D.K. Basu guidelines.
Q 11 – What does the Magistrate do for Shanti?
Ans. The Magistrate appoints Advocate Kamla Roy as Shanti’s defense lawyer at the expense of the government.
Q 12 – On whose behalf does the prosecution must conduct the prosecution?
Ans. On behalf of the state.
Q 13 – Where does the judge conduct the trial?
Ans. The judge conducts the trial impartially and in an open court.
Q 14 – What does Accused means?
Ans. This refers to the person who is tried by a court for a crime.
Q 15 – Define the term ‘offence’.
Ans. It means that any act which is defined as crime by the law.
Q 16 – When do the police file a chargesheet in the court?
Ans. When the police think that the evidence points to the guilt of the accused person, then they file a charge sheet in the court The judge also ordered the police to hand over the Rs 10000 that the police had sealed. In her written judgment, the judge had made it a point to highlight S.I. Rao’s role in conducting a shoddy investigation that made Shanti spend time in jail.
Q 17 – What is there in the Fundamental Rights guaranteed in Article 22 of the Constitution.
Ans. Article 22 of the Constitution and criminal law guarantee to every arrested person the following Fundamental Rights:
1. The Right to be informed at the time of arrest of the offense for which the person is being arrested.
2. The Right to be presented before a magistrate within 24 hrs of arrest.
3. The Right not to be ill-treated or tortured during arrest or in custody.
4. Confessions made in police custody cannot be used as evidence against the accused.
5. A boy under 15 yrs of age and women cannot be called to the police station only for questioning.
Q 18 – What is the role of the judge in judiciary system?
Ans. The judge is like an umpire in a game and conducts the trial impartially and in an open count. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law.
Q 19 – Who is the Public Prosecutor and what is the role of the public prosecutor?
Ans. In the court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the chargesheet in the court. He/she has no role to play in the investigation
The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.
Q 20 – What duty does Article 39A of the Constitution assign to the State?
Ans. The State shall provide a lawyer to any citizen who is unable to engage one due to poverty or other disability.
Q 21 – What is FIR? Describe the process of an FIR?
Ans. FIR is First Information Report. It is with the registration of an FIR that the police can begin their investigation into a crime. The law states that it is compulsory for an officer in charge of a police station to register an FIR whenever a person gives information about a cognizable offense. This information can be given to the police either orally or in writing. The FIR usually mentions the date, time, and place of the offense details the basic facts of the offense, including a description of the events. If known, the identity of the accused person and witnesses is also mentioned. The FIR also states the name and address of the complainant.
Q 22 – What is the D.K. Basu Guidelines and what it includes?
Ans. The Supreme court of India has laid down specific requirements and procedures that the police and other agencies have to follow for the arrest, detention, and interrogation of any person. These are known as the D.K. Basu Guidelines. These include:
- The police officials who carry out the arrest or interrogation should wear clear, accurate and visible identification and name tags with their designations.
- A memo of arrest should be prepared at the time of arrest and should include the time and date of arrest.
- It should also be attested by atleast one witness who could include a family member of the person arrested.
- The arrest memo should be counter-signed by the person arrests.
- The person arrested, detained or being interrogated has a right to inform a relative, friend or well-wisher.
- When a friend or relative lives outsides the district, the time, place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest.
Q 23 – What is the role of the police in investigating a crime? Explain briefly.
Ans. One important function of the police is to investigate any complaint about the commission of a crime. An investigation includes recording statements of witnesses and collecting different kinds of evidence. On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilt of the accused person, then they file a charge sheet in court. It is not the job of the police to decide whether a person is guilty on innocent, that is for the judge to decide. The police investigations should always be conducted in accordance with the law and with full respect for human rights. The Supreme Court has laid down guidelines that the police must follow at the time of arrest, detention, and interrogation. The police are not allowed to torture or beat or shoot anyone dining the investigation. The police cannot inflict any form of punishment on a person even for petty offenses.
Q 24 – What is the duty of a public prosecutor?
Ans. The duty of a public prosecutor is to act impartially and present the full and material facts, witnesses, and evidence before the court to enable the court to decide the case.
Q 25 – Women in Saudi Arabia are subjected to many public restrictions. Give one example. Ans. The testimony of one man is considered equal to that of two women.
Q 26 – What are rights?
Ans. Rights are reasonable claims of persons recognized by society and sanctioned by law.
Q 27 – When do the socially recognized claims acquire real force?
Ans. The socially recognized claims acquire real forces when they are written into law.
Q 28 – On what basis do the police form an opinion?
Ans. The police form an opinion on the basis of the investigation.
Q 29 – When is it called violation or infringement of rights?
Ans. When fellow citizens or the government do not respect the rights recognized by society, it is called a violation or infringement of rights.
Q 30 – What can citizens do in case of violation of their rights?
Ans. In case of violation of their rights, citizens can approach courts to protect their rights.
Q 31 – What are called Fundamental Rights?
Ans. In India, like most other democracies in the world, the basic rights of the citizens are written down in the Constitution. These rights are fundamental to our life and are called Fundamental Rights.
Q 32 – Who decides whether a person is guilty or innocent?
Ans. The judge decides whether a person is guilty or innocent
Q 33 – What is called the rule of law?
Ans. The rule of law means that everyone is equal before the law. No person is above the law. There cannot be any distinction between a political leader, government official, and an ordinary citizen. Equality means giving everyone an equal opportunity to achieve what one is capable of.
Q 34 – What does ‘Freedom’ mean in practical life?
Ans. In Practical life freedom means the absence of interference in our affairs by others—be it their individuals or the government.
Q 35 – Why is freedom of speech and expression essential for an individual?
Ans. Our ideas and personality develop only when we are able to freely communicate with others.
Q 36 – What is a fair trial?
Ans. In a fair trial, justice is done to the innocent person and the real accused is awarded sentence.
Q 37 – The Constitution says that no person can be deprived of his life or personal liberty except according to procedure established by law. What does it mean?
Ans. It means that no person can be killed unless the court has ordered a death sentence. It also means that a government or police cannot arrest or detain any citizen unless he has proper legal justification.
Q 38 – What is meant by ‘right against exploitation.
Ans. It means that every citizen has a right not to be exploited. If it happens, one can Approach the courts to get justice.
Q 39 – What idea is secularism based on?
Ans. Secularism is based on the idea that the state is concerned only with relations among human beings, and not with the relations between human beings and God.
Q 40 – Give one feature of a secular state.
Ans. A secular state does not establish any one religion as the official religion.
Q 41 – How is the job of the police limited?
Ans. It is not the job of the police to decide whether a person is guilty or innocent.
Q 42 – What is meant by the Right to Constitutional Remedies?
Ans. It is possible that sometimes our fundamental rights may be violated by fellow citizens, private bodies, or by the government. When any of our rights are violated we can seek a remedy through courts. This is called the Right to Constitutional Remedies.
Q 43 – What do you know about the National Human Rights Commission (NHRC) of India?
Ans. The National Human Rights Commission (NHRC) of India is an autonomous public body constituted on 12 October 1993 under the protection of the Human Rights ordinance of 28 September 1993. Its focuses on helping the victims secure their human rights.
Q 44 – What is the Right to Information Act?
Ans. 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. We have a right to seek information from government offices.
Q 45 – What happened to Shanti in the last?
Ans. She was acquitted because she was innocent and she got a fair trial.
Q 46 – Is the right to property a Fundamental Right?
Ans. No, the right to property is not a Fundamental Right but it is a Constitutional right.
Q 47 – Name two rights that are not Fundamental Rights but are Constitutional rights.
Ans.
- Right to property
- Right to vote in election.
Q 48 – What was Amnesty International’s report on the condition of the prisoners in Guantanamo Bay?
Ans. (i) Amnesty international collected information on the condition of the prisoners in Guantanamo Bay and reported that the prisoners were being tortured in ways that violated US laws.
(ii) The prisoners were being denied the treatment that even prisoners of war must get as per international treaties. Many prisoners had tried protesting against these conditions by going on a hunger strike.
(iii) Prisoners were not released even after they were officially declared not guilty. An independent inquiry by the UN supported these findings but the US government paid no heed.
Q 49 – Write a short note on First Information Report (FIR).
Ans. The police begin their investigations into a crime after an FIR is lodged. The law states that it is compulsory for an officer in charge of a police station to register an FIR whenever a person gives information about a cognizable offense. This information can be either oral or written. The FIR mentions the date, time, and place of the offense details the basic facts of the offense, including a description of the events. The FIR also mentions the name and address of the complainant. The police register an FIR in a prescribed form which is signed by the complaint. He gives the complainant a free copy of the FIR in the last
Q 50 – Give a brief description of the citizens’ rights in Saudi Arabia?
Or
What is the position of the citizens in Saudi Arabia with regard to their government?
Ans.
- Saudi Arabia is a country ruled by a hereditary King and the people have no role in electing or changing their rulers.
- The king selects the legislature as well as he executive.
- He appoints the judges and can change any of their decisions. In such a country, citizens have very limited scope of freedom
- They cannot form political parties or any political organisations. Media cannot report anything that the monarch does not like.
- There is no freedom of religion. Every citizen is required to be Muslim. Non-Muslim residents can follow their religion in private, but not in public.
- Women in Saudi Arabia are subjected to many public restrictions. The testimony of one man is considered equal to that of two women.
Q 51 – Give some implications of the Right to Equality.
Or
Mention any three provisions of the Right to Equality.
Ans. 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 like shops, restaurants, hotels and cinema halls. 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 or dedicated to the use of the general public.
Q 52 – All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government.
Ans. (i) The Constitution mentions one extreme form of social discrimination, the practice of untouchability. It clearly directs the government to put an end to it.
(ii) The practice of untouchability has been forbidden in any form. Untouchability here does not only mean refusal to touch people who belong to certain castes. It refers to any belief or social practice which looks down upon people on account of their birth with certain caste labels.
(iii) Such practice denies them interact with others or access to public places as equal citizens. So, the Constitution made untouchability a punishable offense.
Q 53 – What does P. Sainath say about untouchability and caste discrimination?
Or
On the basis of P. Sainath’s news reports in The Hindu enlist various forms of untouchability and caste discrimination still being practiced against Dalits or persons
belonging to Scheduled Castes.
Ans. In 1999, P.Sainath traveled to various parts of the country and found many forms of untouchability still in practice. He found that in many places Tea stalls kept two kinds of cups, one for Dalits and one for others; Barbers refused to serve Dalit clients; Dalit students were made to sit separately in the classroom or drink water from the separate pitcher; Dalit grooms were not allowed to ride a horse in the wedding procession, and Dalits were not allowed to use common handpump or if they did it, the handpump was washed to purify it.
Q 54 – Why is the Prosecutor called a Public Prosecutor? Name them.
Ans. The Prosecutor who represents the State is called a Public Prosecutor as a criminal offense is regarded as a public wrong, which has been committed not only against the victim but also against society as a whole Our Constitution guarantees six kinds of freedom.
- Freedom of speech and expression.
- Freedom to assemble peacefully and without arms.
- Freedom to form associations and unions.
- Freedom to move freely throughout the country.
- Freedom to reside in any part of the country, and
- Freedom to practice any profession, or to carry on any occupation, trade or business.
Q 55 – Explain the freedom to travel to any part of the country and the freedom to carry on any occupation.
Ans. We are free to reside and settle in any part of the territory of India. This right allows lakhs of people to migrate from villages to towns and from poorer regions of the countries to prosperous regions and big cities. The same freedom extends to the choice of occupations.
No one can force you to do or not do a certain job. Women cannot be told that some kinds of occupations are not for them. People from deprived castes cannot be kept to their traditional occupations.
Enlist the procedures which have to be followed by a government or public officer before
arresting or detaining any citizen.
Q 56 – What are the guidelines that the police have to follow during the investigation?
Ans.
- Police investigations have to be conducted in accordance with law and with full respect
or human rights.
- The police are not allowed to torture or beat or shoot anyone during investigation. They cannot inflict any form of punishment on a person even for petty offences.
- 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.
Q 57 – What is called PIL? Write in brief about it.
Ans.
- In recent years the courts have given several judgements and directives to protect
- public interest and human rights. Any one can approach the courts if public interest is hurt by the actions of government. This is called public interest litigation.
- 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.
3. The court checks malpractices on the part of public officials.
Q 58 – Mention the features of a secular state.
Ans. 1. A secular state is one that does not confer any privilege or favor on any particular religion. Nor does it punish or discriminate against people on the basis of the religion they follow.
2. The government cannot compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
3. 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.
Q 59 – What do you mean by the right to freedom of speech and expression? What are the limitations of this right?
Ans.
- Freedom of speech and expression is one of the essential features of any democracy.
- Our ideas and personality develop only when we are able to freely communicate with others.
- One may think differently from another. One has the right to think differently and express one’s views accordingly.
- One has right to disagree with a policy of government or activities of an association.
- One is free to criticise the government or the activities of the association in one’s conversations with parents, friends and relatives.
- One has right or freedom to publicize one’s views through a pamphlet, magazine or newspaper. One can do it through different means which include paintings, poetry or songs Limitations: But this freedom has to be used in the right manner so that it does not harm others. The limitations of this freedom are:
- One cannot use this freedom to instigate violence against others.
- One cannot use it to incite people to rebel against government.
- One cannot use this freedom to defame others by saying false and mean things that cause damage to a person’s reputation.
Q 60 – How has the expansion of rights taken place from time to time? Or Describe how the scope of rights has been expanding
Ans. (i) From time to time, the rights of the citizens have expanded. Certain rights like the right to freedom of the press, right to information, and right to education are derived from the Fundamental Rights.
(ii) 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.
(iii) The Right to Information is another important right given to the citizens of India. This right has been derived from the Fundamental Right to freedom of thought and expression. We have a right to seek information from government offices.
(iv) Recently the Supreme Court has expanded the meaning of the right to life to include the right to food.
(v) Our Constitution provides many more rights, which may not be Fundamental Rights. For example, the right to property is not a Fundamental Right but it is a Constitutional Right. The right to vote in elections is another important Constitutional Right.
(vi) Right to work, right to safe and healthy working conditions, right to an adequate standard of living including adequate food, clothing and housing, right to health, etc are other important right that has been evolved over time. Thus, the scope of rights has been expanding and new rights are evolving over time. They are the result of the struggle of the people.
Q 61 – The Right to Equality is an important Fundamental Right. Mention some of the features of this right.
Ans. (i) In order to remove all kinds of inequalities from our society, our Constitution made all the citizens of India equal before the law. It means no one can be discriminated against on the grounds of religion, race, caste, sex, or place of birth.
(ii) People committing the same crime are punished in the same way, regardless of a person’s status. This is called the rule of law. It means that no person is above the law. No person can legally claim any special treatment or privilege just because he or she happens to be an important person.
(iii) Every citizen shall have access to public places like shops, restaurants, hotels and cinema halls. 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 or dedicated to the use of the general public.
(iv) The same principle applies to public jobs. All citizens have equality of opportunity in matters relating to employment or appointment to any position in the government. No citizen shall be discriminated against or made ineligible for employment on the grounds mentioned above.
(v) The practice of untouchability has been forbidden in any form. Untouchability here does not only mean refusal to touch people belonging to any belief or social practice which looks down upon people on account of their birth with certain caste labels. Such practice denies them interact with others or access to public places as equal citizens. So, the Constitution made untouchability a punishable offense.
Q 62 – What is the National Human Rights Commission? How does it work? What are its powers?
Ans. (i) The National Human Rights Commission of India is an autonomous public body set up on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It was given a statutory basis by the protection of the Human Rights Act, 1993.
(ii) The NHRC is the National Human Rights Commission, responsible for the protection and promotion of human rights, defined by the Act as ‘right relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants.
(iii) Appointed by the President and others like retired judges, officers, and eminent citizens, the Commission does not decide court cases. It only focuses on helping the victims secure their human rights
(iv) The NHRC cannot by itself punish the guilty. That is the responsibility of courts. The NHRC is there to make independent and credible inquiries 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.
(v) The Commission presents its findings and recommendations to the government on intervening 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.
Q 63 – Why does our Constitution specify the cultural and educational rights of the minorities? What are these rights?
Ans. It is a fact that the majority gets power in the working of democracy. So, this section of the people does not need special guarantees. It is the language, culture, and religion of minorities that needs special protection. Otherwise, they may get neglected or undermined under the impact of the language, religion, and culture of the majority. So the Constitution specifies the cultural and educational rights of the minorities which are given below:
- Any section of citizens with a distinct language or culture have a right to conserve it.
- Admissions 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.
Q 64 – State any three provisions of the Right against Exploitation.
Ans.
- The under-privileged section of the society is open to exploitation by the privileged and influential people. Women and children of this section are more vulnerable. So the Constitution makers thought it was necessary to write down certain clear provisions to prevent exploitation of the weaker sections of the society.
- The Constitution mentions three specific evils and declares them illegal. The Constitution prohibits ‘traffic in human beings’. Traffic here means selling and buying of human beings, usually women, for immoral purposes. Our Constitution also prohibits forced labour or begar in any form.
- Begar is a practice where the worker is forced to render service to the moneylender without wages 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.
Q 65 – Enlist the rights that have been recognized by the International Covenant.
Ans. The International Covenant recognizes many rights that are not directly a part of the fundamental rights in the Indian Constitution. These rights include:
1. Right to work: Everyone should have the opportunity to earn a livelihood by working.
2. Right to safe and healthy working conditions, fair wages that can provide a decent standard of living for the workers and their families.
3. Right to an adequate standard of living including adequate food, clothing, and housing
4. Right to social security and insurance.
5. Right to health i.e. medical care during illness, special care for women during childbirth, and prevention of epidemics.
6. Right to education i.e. free and compulsory primary education and equal access to higher education.