Pertemuan 4

Pembangunan Demokrasi
Democracy and
Human Rights
What is Democracy?
Derived from Greek words ‘demos’ meaning people and ‘crato’ meaning rule, ie.
Self-Rule, people governing themselves

Types of Democracy
Direct Democracy Indirect or Representative Democracy
Notions of Democracy
Minimalist or Procedural: Based on electoral contests in modern age among
political parties
• Schumpeter and Dahl - majority rule or polyarchy. For them, democracy is
an institutional arrangement for arriving at political decisions based on
elections or a competitive struggle for people’s vote.

Substantive: Democracy includes besides voting many other facets

• Merkel and Diamond - wider political participation, civil rights and
freedoms (including speech, publish, internet, religious and cultural
rights), independence of judiciary, legal equality, vibrant civil society,
checks on arbitrariness of power
• Smith talks of economic and social justice, because economic deprivation
leads to economic disempowerment
So are all countries democratic?
Freedom House Index classifies countries based on political freedoms and civil liberties
derived from universal declaration of human rights actually enjoyed by individuals.

Free

Partially Free

Not Free
Democracy in the World

How many countries are democratic in the world today?

Around 122 countries are democratic. These include most of North America
and Europe, Large parts of South Asian countries. Around 45 percent of
world population live in democratic countries.

Why?
Democracy is considered to be the most morally legitimate form of government.
It is based on the will of the people.

Gandhiji talked of moral grounds of having self-rule or swashashan and Tilak

talked of Swaraj as the birthright of every individual.
The Spread of Democracy in the World

• Beginning with Enlightenment in 17th

and 18th century when the power of
monarchs to rule was challenged
• 1776 Declaration of Independence in the
USA: talked of self evident truths and
inalienable rights of life, liberty and
pursuit of happiness
• Anti-colonial movements and
independence of developing countries
Declaration of Independence
and acceptance of the principle of self-
determination by the UN
The Spread of Democracy in the World

• Universal Declaration of Human

Rights by the United Nations in
1948
• Collapse of communism in former
Soviet Union and other countries
in early 1990s
• Assertion of liberal democracy
professing free market economy,
becomes the dominant world
ideology
The Spread of Democracy in the World
• Enormous growth of mass media and social media
indicate a greater connect between government
and the governed, mass movements and
demonstrations around the world like Arab spring
from Tunisia to Egypt to Yemen indicate the
yearning for democracy
• Developing countries are challenged to maintain
liberal democratic institutions
• Some countries like India are stable democracies
while some others are regressing into
authoritarianism like North Korea, China, Yemen,
Laos, Cuba, Azerbaijan, Sudan, Somalia etc.
Arab Spring in Bahrain
Supporters and Opponents
The supporters argue:
• Plato - Democracy is full of variety and disorder.
It dispenses a sort of equality to equals and
unequals alike. Incompetence and ignorance of
politicians is the special curse of democracies.

• Democracy is an open and honest system based

on consent of majority of the governed.
• Democracy is ethically right as it ensures
freedom and presumes equality of all citizens.
• There is a correlation between democracy and
economic development.
• Democracy ensures active citizen participation
and promotes a vibrant and strong civil society
Supporters and Opponents

The opponents believe:

• Democracy is nothing but mobocracy
• Brute majorities in legislatures undermine rights of
minorities
• Democratic governments need to be limited to
ensure freedoms
• Requires a system of checks and balances
Supporters and Opponents
Democracy may not
be the best form of
government but of all
others that have been
tried and tested, this
appears to be the one
most sought after and
pushed for at the
international level.
Core Values of Democracy
Democracy is correlated with the following
interrelated core values. In the absence of any one
of these democracy would be meaningless.


Liberty

Equality

Justice

Human Rights
 Theories of Democracy
 Elite theory: privilege classed
 Deliberative: people influence others through the deliberation
of public good
 Theory of Democracy Consociational: major group in deeply divided
society share power
 Marxist: class rule
 An economic theory of Democracy: market
Liberty

Liberty is derived from Latin ‘lieber’ meaning free. It is a state of freedom
as opposed to political subjection be it individual or collective.


What is Liberty?
Negative Liberty Positive Liberty
• License to do what one • Conditions under which an individual
pleases. is really free, leading to the
• Absence of restraints or development of one’s creativity,
freedom from interference. capability and potential
• Absence of coercion by other • Freedom under rational and logical
individuals or political entities restrictions imposed by law
like the state. • Restraints are essential for ensuring
enjoyment of liberty by all
In this sense being subjected to laws or social order where each one can grow
is not considered an impediment to liberty or freedom
Liberty

Types of Liberty


There are civil freedoms like freedom of speech and
expression, freedom to pursue economic interests, form
associations, freedom of religion and personal freedoms
of food, dress or sexual orientations etc.


There are political freedoms like participation in political
life of the country through voting or being elected,
holding the government accountable
Equality
Emanates from the belief in equal worth of
every individual. So no one and no group is
assumed to be in a state of privilege over
another. Everyone is equal but not identical.

Declaration of Independence in the USA in

1776 based on the premise that God created
everyone equal. So no one or no country can
enslave another individual or country.

The French Revolution 1789 rested on liberty,

equality and fraternity.
Equality
Equality denotes equal status in terms of civil, political right and access to
goods and services. Accordingly equality has several forms.

Social

Absence of discrimination based on caste, creed, colour, race, gender or
sexual orientation

Economic

Fulfilment of basic economic necessities

Opportunities of personal economic growth, absence of sharp income
differences

Political

Rule of Law, equal right of participation in political life , voting and
contesting
Justice

Giving each, one’s due, no deprivation,
appropriateness, fairness or balance

It is morally justifiable, opportunities of rewards
and punishment, each to live a life of dignity

Access to remedial action implying
independent judiciary
Rights

Right is an individual’s claim on society that is legally recognised. It is
an opportunity for full fledged development of personality. It points to
those conditions that enable personal good and help the individuals to
contribute to the social good.

Right to equality, free speech, conscience, education, employment,
food, shelter are the basic human rights which make a life of dignity
possible

Rights can be natural rights or legal rights guaranteed by the state
through the statutes or the constitution.
Rights
The history of human civilization is a history of assertion of human rights
and freedoms beginning in:

Magna Carta 1215 to Petition of Rights 1628 and overthrow of
absolutism in the UK

American Revolution 1776 and the Bill of Rights

French Revolution and the assertion of liberty and equality

Earliest emphasis was for civil-political rights that help individuals
control their lives

These rights were neither meant for masses nor for the slaves or
colored people as they were called. They were available only to White
European free males.
Rights
The communist revolution in Russia in 1917 challenged the liberal
democratic principle of individual liberty. It focused on collective
ownership and economic rights.
So there was a conceptual shift to socio economic cultural rights for all
men and women with a focus on welfare and civilized life. There is world
wide assertion of rights by the underprivileged and marginalized
sections of society.

Rights to collective social and natural heritage are the new concerns.
21st century has seen global ecological concerns, preservation of
natural resources, sustainable development and rights to clean
environment.
Human

Rights
Human rights are the rights necessary to live a decent human life. They
belong to everyone as a member of the human race, regardless of colour,
nationality, religion, political ideology, gender, age, etc.


Universal Declaration of Human Rights (by the UN), 10 December, 1948

(formation of the UN to keep the world safe for democracy, horrors of
second world War and holocaust led to UDHR)


The UDHR recognises that inherent dignity, freedom from want and fear,
and equal and inalienable rights of all members of human family form the
foundation of freedom, justice and peace in the world.


These rights may be included as basic or fundamental rights in the
Constitution
Human Rights

Human rights include among others…
•
Freedom of speech and belief
•
Right to life, liberty and security
•
Peaceful assembly and association
•
Freedom of thought, conscience and religion
•
Equality before law, equal protection of the laws
•
and remedial action in case of violation
•
Freedom of movement
•
Rights to health and well being
•
To own property
•
Right to marry and family
Universal Declaration of
Human Rights
Human Rights and democracy connect

A connection between democracy and human rights are
established in the UDHR wherein it is stated that…

Government by the consent of the people expressed through
periodic elections is a basic right of individuals and the people
have a right to participate in the government directly or
through their representatives.


Francis Fukuyama asserts that the ideal of human rights
constitutes the most perfect contribution toward human
dignity. It is the liberal democracy that provides the ideal
conditions to safeguard human rights.
Rights and Duties
Right is the power to do something or power over something.
It is not a physical but a moral power belonging to an
individual which all other individuals are bound to respect.

A right can be a right only when it is recognised by other

individuals or legal entity.

This imposes an obligation or duty on part of others or the

legal entity to do or not to do certain things.
Rights and Duties
Rights and Duties are correlated. Every right has a corresponding duty and every
duty has a corresponding right.
A right of an individual is a duty of another individual.

Rights are key to a democratic state but without performance of duties citizens’
rights are meaningless.

• Respect the rights, beliefs and opinions of others

• Be educated and aware of the issues affecting the community, protect your
environment
• Uphold the Constitution and defend the country if need be
• Respect the law, pay all your dues
• Participate in the democratic process
Democracy
•
in India
India is a stable, deepened, and
institutionalized democracy.
•
We have seen 16 Parliamentary
and innumerable state and local
government elections
•
Freely contested elections are the
only way to come to power and
incumbents routinely lose power
•
Governments openly and freely
challenged by institutions and
organizations, opposition parties,
press, the courts, etc
•
The Constitution of India
enshrines the fundamental rights
Democracy in India
Democracy rests on the pillars of socioeconomic equality, individual liberty,
peaceful coexistence, tolerance, secularism, etc.
But today…
In 2017, India stood 131/among 188 countries in the human development index
• 23 % of our population is below the poverty line (about 27 crores)meaning they are
not able to get two square meals every day
• Our literacy rate is 74% meaning about ¼ of our population is illiterate, more
women than men. 65% of women and 82% of men are literate
• Poor health care availability
• About 1.7 million shelter-less people
• Malnutrition among children, 1/3 of undernourished children in the world live in
India, and 38.5% of children under the 5 are stunted
• Our sex ratio is skewed,940 women to 1000 men
• Crime against women, Dalits and other vulnerable sections, honor killings,

Theorists in the West predicted the demise of democracy in
India’s
India Improbable Democracy

Aashutosh Varshney: Battles Half Won

Interaction of democracy with caste, religion, language, and
economy

Cross-cutting Identities low impact on democracy, and
cumulative identities high impact on democracy

National unity, social justice, and elimination of poverty continue
to challenge

Ayesha Jalal: no difference between Pakistan and India,
Inequality makes elections deceptive and a mockery of
democracy

Heller: Inequality no hindrance to democracy, Kerala vs
Rajasthan

In the 1960s countries in Asia, Africa and Latin America gave up
India is a democracy

Robert Dahl: Contestation and participation twin principles of
democracy

Contestation: Ruling party with control over bureaucracy and
police gets challenged in elections

Participation: franchise and whether vote is widespread and
effective

Such politics exists in the West with the exception of India

India’s democracy was established among largely agricultural,
illiterate, highly traditional society
Democracy and Students


The success of democracy depends on how competent, informed
and vigilant a country’s citizens are and the level of democratic
participation.

55% of India’s population is below the age of 35. It is this youth
which has tremendous responsibility of preserving our democracy

Our educational institutions will be failing in their duties if they do
not inculcate a sense of democracy and leadership among
students who are going to be leaders of tomorrow
Democracy and Students

Education not only for a degree but for knowledge, awareness, removing
social ills, promoting gender equality

Learning to speak out on issues of concern, articulate

Assert your rights but do not neglect your duties

Try to bridge the economic divide, share and care

The right of our posterity to live in a clean environment our responsibility

The students around the world have fought for resurgence and preservation of
democracy.
Nav nirman in Gujarat, Sampoorn Kranti in Bihar 1974 students in the forefront
Tienenmen Square China 1989