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== मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights ==

== मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights ==

Bharatiya values regarding human rights evolved on the basis of Trivarga perhaps have the oldest pedigree. Rigveda which is regarded as the oldest document, declares that all human beings are equal and they are brothers. The Atharvana Veda declared that all human beings have equal right over water and food [natural resources]. The Vedas including Upanishads [Shruti] were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties, the observance of which was regarded as essential for securing peace and happiness to individuals and the society as well. The duty to conform to Dharma in acquisition of wealth and fulfillment of desires, has been the injunction of Trivarga to all, which was intended to protect the basic human rights of all.

Bharatiya values regarding human rights evolved on the basis of Trivarga perhaps have the oldest ancestry. Rigveda which is regarded as the oldest document, declares that all human beings are equal and they are brothers. The Atharvana Veda declared that all human beings have equal right over water and food (natural resources). The Vedas including Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties, the observance of which was regarded as essential for securing peace and happiness to individuals and the society as well. The duty to conform to Dharma in acquisition of wealth and fulfillment of desires, has been the injunction of Trivarga to all, which was intended to protect the basic human rights of all.

This aspect is pointed out by the Supreme Court of India thus:

This aspect is pointed out by the Supreme Court of India thus:

Therefore, instead of making right as the foundation of social life and establish a right based society, the ancient philosophers of this land preferred to establish a duty-based society where the right given to an individual is the right to perform his duty.

Therefore, instead of making right as the foundation of social life and establish a right based society, the ancient philosophers of this land preferred to establish a duty-based society where the right given to an individual is the right to perform his duty.

This Right is worthy of being included in the universal declaration of human rights. This is the basic value of life evolved through Vedic and other literature, which is incorporated in the most popular and significant declaration in Bhagvadgeetha [Ch-II] which reads:-<blockquote>कर्मण्येवाधिकारस्ते ॥२.४७॥<ref>Bhagavad Gita, [https://sa.wikisource.org/wiki/%E0%A4%AD%E0%A4%97%E0%A4%B5%E0%A4%A6%E0%A5%8D%E0%A4%97%E0%A5%80%E0%A4%A4%E0%A4%BE/%E0%A4%B8%E0%A4%BE%E0%A4%99%E0%A5%8D%E0%A4%96%E0%A5%8D%E0%A4%AF%E0%A4%AF%E0%A5%8B%E0%A4%97%E0%A4%83 Chapter 2 (Sankhya Yoga)]</ref> ''karmaṇyevādhikāraste ॥2.47॥''</blockquote>“Your right is to perform your duty”

This is the basic value of life evolved through Vedic and other literature, which is incorporated in the most popular and significant declaration in Bhagvad Gita [Ch-II] which reads:-<blockquote>कर्मण्येवाधिकारस्ते ॥२.४७॥<ref>Bhagavad Gita, [https://sa.wikisource.org/wiki/%E0%A4%AD%E0%A4%97%E0%A4%B5%E0%A4%A6%E0%A5%8D%E0%A4%97%E0%A5%80%E0%A4%A4%E0%A4%BE/%E0%A4%B8%E0%A4%BE%E0%A4%99%E0%A5%8D%E0%A4%96%E0%A5%8D%E0%A4%AF%E0%A4%AF%E0%A5%8B%E0%A4%97%E0%A4%83 Chapter 2 (Sankhya Yoga)]</ref> ''karmaṇyevādhikāraste ॥2.47॥''</blockquote>“Your right is to perform your duty”

The great message of this verse is that every one Owes a duty towards others and he has the right to perform his duty. It is by this process the human rights were sought to be created and protected.

The great message of this verse is that every one Owes a duty towards others and he has the right to perform his duty. It is by this process the human rights were sought to be created and protected.

This basic attitude should be ingrained in all individual human beings since childhood and this attitude is sure to reduce conflicts quarrals and confrontation substantially.<ref name=":0" />

This basic attitude should be ingrained in all individual human beings since childhood and this attitude is sure to reduce conflicts quarrels and confrontation substantially.<ref name=":0" />

=== Right to Happiness ===

=== Right to Happiness ===

The natural desire of all human beings is to be happy at every stage and in every aspect of life. It is a natural human right, for without happiness life becomes meaningless. Therefore, the right of every individual human being to happiness has been recognised in the Bharatiya culture since ancient times. This being the most important and comprehensive human right, it includes every kind of right the fulfillment of which leads to happiness. An individual has the capacity to fulfill his desires by his efforts and thereby — secure happiness for himself, for members of his family and for fellow human beings.

The natural desire of all human beings is to be happy at every stage and in every aspect of life. It is a natural human right, for without happiness life becomes meaningless. Therefore, the right of every individual human being to happiness has been recognised in the Bharatiya culture since ancient times. This being the most important and comprehensive human right, it includes every kind of right the fulfillment of which leads to happiness. An individual has the capacity to fulfill his desires by his efforts and thereby — secure happiness for himself, for members of his family and for fellow human beings.

How to secure the right to happiness and avoid man- made miseries has been an important question for all right -thinking persons in the world since ages. After an indepth study of human nature, an attempt was made in Bharat to find solution to the eternal problem confronting human race.

How to secure the right to happiness and avoid man- made miseries has been an important question for all right -thinking persons in the world since ages. After an indepth study of human nature, an attempt was made in Bharat to find solution to the eternal problem confronting human race.

Trivarga with Dharma as controlling factor was evolved to secure Right to happiness for all without any exception. This was incorporated in the following most ancient prayers.<blockquote>सर्वेऽपि सुखिनः सन्तु सर्वे सन्तु निरामयाः । सर्वे भद्राणी पश्यन्तु मा कश्चिद्दुःखभाग्भवेत् ॥ </blockquote><blockquote>''sarve'pi sukhinaḥ santu sarve santu nirāmayāḥ । sarve bhadrāṇī paśyantu mā kaścidduḥkhabhāgbhavet ॥''</blockquote>“Let all be happy, Let all be free from diseases, Let all see auspicious things, Let no body suffer from grief”.<blockquote>सह नाववतु । सह नौ भुनक्तु । सह वीर्यं करवावहै । तेजस्विनावधीतमस्तु । मा विद्विषावहै । ॐ शान्तिः शान्तिः शान्तिः ।</blockquote><blockquote>''saha nāvavatu । saha nau bhunaktu । saha vīryaṁ karavāvahai । tejasvināvadhītamastu । mā vidviṣāvahai । oṁ śāntiḥ śāntiḥ śāntiḥ ।''</blockquote>“May He [God] protect us together, May we share the food together, May we work conjointly with great energy; May our study be vigorous and effective; May we not hate anyone. Let there be peace, peace and peace?’ [Taittireeya Upanishad]

Trivarga with Dharma as controlling factor was evolved to secure Right to happiness for all without any exception. This was incorporated in the following most ancient prayers.<blockquote>सर्वेऽपि सुखिनः सन्तु सर्वे सन्तु निरामयाः । सर्वे भद्राणी पश्यन्तु मा कश्चिद्दुःखभाग्भवेत् ॥ </blockquote><blockquote>''sarve'pi sukhinaḥ santu sarve santu nirāmayāḥ । sarve bhadrāṇī paśyantu mā kaścidduḥkhabhāgbhavet ॥''</blockquote>“Let all be happy, Let all be free from diseases, Let all see auspicious things, Let no body suffer from grief”.<blockquote>सह नाववतु । सह नौ भुनक्तु । सह वीर्यं करवावहै । तेजस्विनावधीतमस्तु । मा विद्विषावहै । ॐ शान्तिः शान्तिः शान्तिः ।</blockquote><blockquote>''saha nāvavatu । saha nau bhunaktu । saha vīryaṁ karavāvahai । tejasvināvadhītamastu । mā vidviṣāvahai । oṁ śāntiḥ śāntiḥ śāntiḥ ।''</blockquote>“May He [God] protect us together, May we share the food together, May we work conjointly with great energy; May our study be vigorous and effective; May we not hate anyone. Let there be peace, peace and peace?’ [Taittireeya Upanishad]

The “right to happiness” is a compendious expression which covers all specific human rights, which are intended to secure happiness. Declaration of this Right as a basic human right is a mark of distinction of Bharatiya values of human rights.

The “right to happiness” is a compendious expression which covers all specific human rights, which are intended to secure happiness. Declaration of this Right as a basic human right is a mark of distinction of Bharatiya values of human rights.

Atharvanaveda - Samajnana Sukta<blockquote>समानी प्रपा सह वोन्नभागः | समाने योक्त्रे सह वो युनज्मि | अराः नाभिमिवाभितः || (Atharvanaveda – Samjnana Sukta)</blockquote><blockquote>''samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥''</blockquote>“All have equal rights in articles of food and water. The yoke of the chariot of life is placed equally on the shoulders of all. All should live together with harmony supporting one another like the spokes of a wheel of the chariot connecting its rim and hub.”

Atharvanaveda - Samajnana Sukta<blockquote>समानी प्रपा सह वोन्नभागः | समाने योक्त्रे सह वो युनज्मि | अराः नाभिमिवाभितः || (Atharvanaveda – Samjnana Sukta)</blockquote><blockquote>''samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥''</blockquote>“All have equal rights in articles of food and water. The yoke of the chariot of life is placed equally on the shoulders of all. All should live together with harmony supporting one another like the spokes of a wheel of the chariot connecting its rim and hub.”

Thus, the right to equality of all human beings has been declared in the Vedas, which were regarded as inviolable. In order to emphasise the dignity of individual, it was declared that all are brothers, which meant that all are children of God. Therefore, it was declared that no one is inferior or superior. Similarly, the verse in Atharvanaveda declared that all have equal right over natural resources and all were equally important as spokes in a wheel. Both the Rigveda and Atharvanaveda declared that cooperation between individuals is necessary for happiness and progress It. is also of utmost importance to note that right to equality was made = of “Dharma” long before the State came to be established.

Thus, the right to equality of all human beings has been declared in the Vedas, which were regarded as inviolable. In order to emphasise the dignity of individual, it was declared that all are brothers, which meant that all are children of God. Therefore, it was declared that no one is inferior or superior. Similarly, the verse in Atharvanaveda declared that all have equal right over natural resources and all were equally important as spokes in a wheel. Both the Rigveda and Atharvanaveda declared that cooperation between individuals is necessary for happiness and progress It is also of utmost importance to note that right to equality was made = of “Dharma” long before the State came to be established.

It is equally interesting to refer to the contents of Article I and Article 7 of Universal Declaration of Human Rights. They read: _

It is equally interesting to refer to the contents of Article I and Article 7 of Universal Declaration of Human Rights. They read: _

Among the four the third one namely ‘Rishiruna’ is relevant to the present topic. According to this pious obligation {every individual was in duty-bound to acquire knowledge, and give it back to the society by making useful addition to it and by using for securing happiness to fellow human beings. )

Among the four the third one namely ‘Rishiruna’ is relevant to the present topic. According to this pious obligation {every individual was in duty-bound to acquire knowledge, and give it back to the society by making useful addition to it and by using for securing happiness to fellow human beings. )

This obligation had to be discharged by every individual owards his children not only in pre-primary level but also throughout at every stage and age of his or her children. however, greater burden lay on teachers from primary level to the highest level. They were required not only to impart knowledge, but also mould the character of an individual so that the knowledge acquired is utilised, according to ethics and for the benefit of the society.

This obligation had to be discharged by every individual towards his children not only in pre-primary level but also throughout at every stage and age of his or her children. However, greater burden lay on teachers from primary level to the highest level. They were required not only to impart knowledge, but also mould the character of an individual so that the knowledge acquired is utilised, according to ethics and for the benefit of the society.

As to the importance given to education in ancient Bharat, it is sufficient to quote the following verse composed by the great Sanskrit poet Bhartruhari of the First Century B.C:<blockquote>विद्या नाम नरस्य रूपमधिकं प्रच्छन्नगुप्तं धनं विद्या भोगकरी यशः सुखकरी विद्या गुरूणां गुरुः ।</blockquote><blockquote>विद्या बन्धुजनो विदेशगमने विद्या परं दैवतं विद्या राजसु पूज्यते न तु धनं विद्याविहीनः पशुः ॥</blockquote><blockquote>''vidyā nāma narasya rūpamadhikaṁ pracchannaguptaṁ dhanaṁ vidyā bhogakarī yaśaḥ sukhakarī vidyā gurūṇāṁ guruḥ ।''</blockquote><blockquote>''vidyā bandhujano videśagamane vidyā paraṁ daivataṁ vidyā rājasu pūjyate na tu dhanaṁ vidyāvihīnaḥ paśuḥ ॥''</blockquote>“Education is the special manifestation of man; Education is the treasure which can be preserved without the fear of loss; Education secures material pleasure, happiness and fame; Education is the teacher of the teacher; Education is the friend when one goes abroad; Education is God incarnate; Education secures honour at the hands of the State, not money; : (A man without education is equal to animal.)

As to the importance given to education in ancient Bharat, it is sufficient to quote the following verse composed by the great Sanskrit poet Bhartruhari of the First Century B.C:<blockquote>विद्या नाम नरस्य रूपमधिकं प्रच्छन्नगुप्तं धनं विद्या भोगकरी यशः सुखकरी विद्या गुरूणां गुरुः ।</blockquote><blockquote>विद्या बन्धुजनो विदेशगमने विद्या परं दैवतं विद्या राजसु पूज्यते न तु धनं विद्याविहीनः पशुः ॥</blockquote><blockquote>''vidyā nāma narasya rūpamadhikaṁ pracchannaguptaṁ dhanaṁ vidyā bhogakarī yaśaḥ sukhakarī vidyā gurūṇāṁ guruḥ ।''</blockquote><blockquote>''vidyā bandhujano videśagamane vidyā paraṁ daivataṁ vidyā rājasu pūjyate na tu dhanaṁ vidyāvihīnaḥ paśuḥ ॥''</blockquote>“Education is the special manifestation of man; Education is the treasure which can be preserved without the fear of loss; Education secures material pleasure, happiness and fame; Education is the teacher of the teacher; Education is the friend when one goes abroad; Education is God incarnate; Education secures honour at the hands of the State, not money; : (A man without education is equal to animal.)

In the above verse, Bartruhari, king of Ujjain turned philosopher apart from highlighting the importance of education to life, equated man without education to an animal. By saying so, he wanted to impress upon everyone about his pious obligation tgacquire and disseminate knowledge to the next generation) This aspect of our civilization is alluded to by the  Supreme Court in the case of Mohini Jain [1992 (3) S.C.C. 666 at 682] in which while holding that right to education must be regarded as a fundamental right, the Court said thus:

In the above verse, Bartruhari, king of Ujjain turned philosopher apart from highlighting the importance of education to life, equated man without education to an animal. By saying so, he wanted to impress upon everyone about his pious obligation to acquire and disseminate knowledge to the next generation) This aspect of our civilization is alluded to by the  Supreme Court in the case of Mohini Jain [1992 (3) S.C.C. 666 at 682] in which while holding that right to education must be regarded as a fundamental right, the Court said thus:

‘Indian civilisation recognises education as one of the pious obligations of the human society. To establish and administer educational institutions is considered a religious and charitable object. (Education in India has never been a commodity for sale). {Para-18]

‘Indian civilisation recognises education as one of the pious obligations of the human society. To establish and administer educational institutions is considered a religious and charitable object. (Education in India has never been a commodity for sale). {Para-18]

The Supreme Court referred to the importance of education as emphasised in the ‘Neethishatakam’ by Bhartruhari and held that right to education is therefore part of fundamental right under Article 21 of the Constitution of India.  

The Supreme Court referred to the importance of education as emphasised in the ‘Neethishatakam’ by Bhartruhari and held that right to education is therefore part of fundamental right under Article 21 of the Constitution of India.  

Thus, it is by way of creating the pious obligation of Rishiruna through acquisition and dissemination of knowledge, the human right to education of every individual was sought to be created and protected.(This has been discharged in ancient India by Rishis by establishing Gurukulas? The State used to support, respect and honour Rishis who discharged such an important pious obligation. There are innumerable texts in Samskrit as also other languages which stressed the duty of parents and teachers to impart education to the younger generation and pointing out that it would be a dereliction of duty on their part if they failed to do so.

Thus, it is by way of creating the pious obligation of Rishi Rna through acquisition and dissemination of knowledge, the human right to education of every individual was sought to be created and protected.(This has been discharged in ancient India by Rishis by establishing Gurukulas? The State used to support, respect and honour Rishis who discharged such an important pious obligation. There are innumerable texts in Samskrit as also other languages which stressed the duty of parents and teachers to impart education to the younger generation and pointing out that it would be a dereliction of duty on their part if they failed to do so.

There is a verse in “Hitopadesha” [wise advice] which eulogises education:<blockquote>विद्या ददाति विनयं विनयाद्याति पात्रताम् । पात्राद्धनमाप्नोति धनाद्धर्मं ततः सुखम् ॥ </blockquote><blockquote>''vidyā dadāti vinayaṁ vinayādyāti pātratām । pātrāddhanamāpnoti dhanāddharmaṁ tataḥ sukham ॥''</blockquote>“Education imparts politeness, intellectual politeness secures capacity and suitability. Capacity and suitability enable to secure wealth; Wealth so secured enables to conform to Dharma which in turn secures Happiness.”

There is a verse in “Hitopadesha” [wise advice] which eulogises education:<blockquote>विद्या ददाति विनयं विनयाद्याति पात्रताम् । पात्राद्धनमाप्नोति धनाद्धर्मं ततः सुखम् ॥ </blockquote><blockquote>''vidyā dadāti vinayaṁ vinayādyāti pātratām । pātrāddhanamāpnoti dhanāddharmaṁ tataḥ sukham ॥''</blockquote>“Education imparts politeness, intellectual politeness secures capacity and suitability. Capacity and suitability enable to secure wealth; Wealth so secured enables to conform to Dharma which in turn secures Happiness.”

=== Right to protection ===

=== Right to protection ===

The right to protection of the people was sought to be secured by creating the duties in the Rulers as part of ( (Rajadharma, the Constitutional Law of Ancient Bharat-It “applied to all the Rulers who might be ruling in any part of the territory of Bharat.<blockquote>क्षत्रियस्य परो धर्मः प्राजानां एव पालनम् । निर्दिष्टफलभोक्ता हि राजा धर्मेण युज्यते । । ७.१४४ । ।<ref name=":3">Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B8%E0%A4%AA%E0%A5%8D%E0%A4%A4%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 7]</ref></blockquote><blockquote>''kṣatriyasya paro dharmaḥ prājānāṁ eva pālanam । nirdiṣṭaphalabhoktā hi rājā dharmeṇa yujyate । । 7.144 । ।''</blockquote>“The highest duty of a king is to protect his people. The king, who receives the prescribed taxes [from his subjects] and protects them alone acts according to Dharma” [Manu, Ch. VI, Vs. 143-144].

The right to protection of the people was sought to be secured by creating the duties in the Rulers as part of (Rajadharma, the Constitutional Law of Ancient Bharat-It “applied to all the Rulers who might be ruling in any part of the territory of Bharat.<blockquote>क्षत्रियस्य परो धर्मः प्राजानां एव पालनम् । निर्दिष्टफलभोक्ता हि राजा धर्मेण युज्यते । । ७.१४४ । ।<ref name=":3">Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B8%E0%A4%AA%E0%A5%8D%E0%A4%A4%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 7]</ref></blockquote><blockquote>''kṣatriyasya paro dharmaḥ prājānāṁ eva pālanam । nirdiṣṭaphalabhoktā hi rājā dharmeṇa yujyate । । 7.144 । ।''</blockquote>“The highest duty of a king is to protect his people. The king, who receives the prescribed taxes [from his subjects] and protects them alone acts according to Dharma” [Manu, Ch. VI, Vs. 143-144].

In Kamandaka, an important authority on Rajadharma, there has been a specific provision which gave paramount importance to the duty of the kings to afford full protection against injustice to individual, whoever the person it may be, who inflicted injury or was attempting to inflict injury as is obvious from the following verse:<blockquote>आयुक्तकेभ्यश्चौरेभ्यः परेभ्यो राजवल्लभात् | पृथिवीपतिलोभाच्च प्रजानां पञ्चधा भयम् ||5.8.81|| पञ्चप्रकारमप्येतदपोह्य नृपतिर्भयम् |<ref>T. Ganapati Sastri (1912), [https://archive.org/details/in.ernet.dli.2015.281069/page/n113/mode/2up Nitisara of Kamandaka], Trivandrum Sanskrit Series no.14, Trivandrum.</ref></blockquote><blockquote>''āyuktakebhyaścaurebhyaḥ parebhyo rājavallabhāt | pr̥thivīpatilobhācca prajānāṁ pañcadhā bhayam ||5.8.81|| pañcaprakāramapyetadapohya nr̥patirbhayam |''</blockquote>Meaning: The subjects require protection against wicked officers of the Raja, thieves, enemies of the Raja, royal favourites (such as the queen, princes etc.), and more than all, against the greed of the Raja himself. The Raja should ensure that the people are free from these fears.<ref>Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>

In Kamandaka, an important authority on Rajadharma, there has been a specific provision which gave paramount importance to the duty of the kings to afford full protection against injustice to individual, whoever the person it may be, who inflicted injury or was attempting to inflict injury as is obvious from the following verse:<blockquote>आयुक्तकेभ्यश्चौरेभ्यः परेभ्यो राजवल्लभात् | पृथिवीपतिलोभाच्च प्रजानां पञ्चधा भयम् ||5.8.81|| पञ्चप्रकारमप्येतदपोह्य नृपतिर्भयम् |<ref>T. Ganapati Sastri (1912), [https://archive.org/details/in.ernet.dli.2015.281069/page/n113/mode/2up Nitisara of Kamandaka], Trivandrum Sanskrit Series no.14, Trivandrum.</ref></blockquote><blockquote>''āyuktakebhyaścaurebhyaḥ parebhyo rājavallabhāt | pr̥thivīpatilobhācca prajānāṁ pañcadhā bhayam ||5.8.81|| pañcaprakāramapyetadapohya nr̥patirbhayam |''</blockquote>Meaning: The subjects require protection against wicked officers of the Raja, thieves, enemies of the Raja, royal favourites (such as the queen, princes etc.), and more than all, against the greed of the Raja himself. The Raja should ensure that the people are free from these fears.<ref>Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>

It shows that law is supreme. No one is an exception, not even the king himself. The doctrine “king can do no wrong” was not at all accepted in Rajadharma. He was in duty-bound to give full protection to his people. While this is a general provision, there were also certain specific provisions which would throw considerable light on the importance given to the human right to protection.

It shows that law is supreme. No one is an exception, not even the king himself. The doctrine “king can do no wrong” was not at all accepted in Rajadharma. He was in duty-bound to give full protection to his people. While this is a general provision, there were also certain specific provisions which would throw considerable light on the importance given to the human right to protection. They include, 

 

* Duty to restore stolen property or to pay its value

==== Duty to restore stolen property or to pay its value ====

<blockquote>चौरैर्हृतं प्रयत्नेन स्वरूपं प्रतिपादयेत् । तदभावे तु मूल्यं स्यादन्यथा किल्विषी नृपः ।। ८१६ ।।</blockquote><blockquote>लब्धेऽपि चौरे यदि तु मोषस्तस्मान्न लभ्यते । दद्यात्तं अथ वा चौरं दापयेत्तु यथेष्टतः ।। ८१७ ।।<ref>Katyayana Smrti, [https://sa.wikisource.org/wiki/%E0%A4%95%E0%A4%BE%E0%A4%A4%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%A8%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83#%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A5%87%E0%A4%AF%E0%A4%AE%E0%A5%8D Steyam]</ref></blockquote><blockquote>''caurairhr̥taṁ prayatnena svarūpaṁ pratipādayet । tadabhāve tu mūlyaṁ syādanyathā kilviṣī nr̥paḥ ।। 816 ।।''</blockquote><blockquote>''labdhe'pi caure yadi tu moṣastasmānna labhyate । dadyāttaṁ atha vā cauraṁ dāpayettu yatheṣṭataḥ ।। 817 ।।''</blockquote>“The king should cause restoration of stolen property to the owner. If it is not possible to restore the same property he must pay the owner the price of the stolen property.  

<blockquote>चौरैर्हृतं प्रयत्नेन स्वरूपं प्रतिपादयेत् । तदभावे तु मूल्यं स्यादन्यथा किल्विषी नृपः ।। ८१६ ।।</blockquote><blockquote>लब्धेऽपि चौरे यदि तु मोषस्तस्मान्न लभ्यते । दद्यात्तं अथ वा चौरं दापयेत्तु यथेष्टतः ।। ८१७ ।।<ref>Katyayana Smrti, [https://sa.wikisource.org/wiki/%E0%A4%95%E0%A4%BE%E0%A4%A4%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%A8%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83#%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A5%87%E0%A4%AF%E0%A4%AE%E0%A5%8D Steyam]</ref></blockquote><blockquote>''caurairhr̥taṁ prayatnena svarūpaṁ pratipādayet । tadabhāve tu mūlyaṁ syādanyathā kilviṣī nr̥paḥ ।। 816 ।।''</blockquote><blockquote>''labdhe'pi caure yadi tu moṣastasmānna labhyate । dadyāttaṁ atha vā cauraṁ dāpayettu yatheṣṭataḥ ।। 817 ।।''</blockquote>“The king should cause restoration of stolen property to the owner. If it is not possible to restore the same property he must pay the owner the price of the stolen property.  

If the thief is caught, but the stolen property is not recovered from him, either the thief must be made to pay the price, if possible, or the king himself must pay it.” [Katyayana, pp. 816-817]

If the thief is caught, but the stolen property is not recovered from him, either the thief must be made to pay the price, if possible, or the king himself must pay it.” [Katyayana, pp. 816-817]

=== Right to practice any Religion ===

=== Right to practice any Religion ===

This basic human right was sought to be protected by incorporating a specific rule in Rajadharma to the effect that the State was under a duty to protect every religion without discrimination. It reads:<blockquote>पाषण्डनैगमश्रेणी पूगव्रातगणादिषु । संरक्षेत्समयं राजा दुर्गे जनपदे तथा ॥१०.२॥<ref>Narada Smrti, Vyavahara Padani, [https://sa.wikisource.org/wiki/%E0%A4%A8%E0%A4%BE%E0%A4%B0%E0%A4%A6%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%AA%E0%A4%A6%E0%A4%BE%E0%A4%A8%E0%A4%BF/%E0%A4%B8%E0%A4%AE%E0%A4%AF%E0%A4%B8%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%A8%E0%A4%AA%E0%A4%BE%E0%A4%95%E0%A4%B0%E0%A5%8D%E0%A4%AE Samasyanapakarma].</ref></blockquote><blockquote>''pāṣāṇḍanaigamaśrēṇīpūgavrātagaṇādiṣu | saṁrakṣētsamayaṁ rājā durgē janapadē tathā ||''</blockquote>Meaning : The Raja should afford protection to compacts of associations of believers of [[Vedas (वेदाः)|Veda]] (Naigamas) as also of disbelievers in Veda (Pashandis) and of others.

This basic human right was sought to be protected by incorporating a specific rule in Rajadharma to the effect that the State was under a duty to protect every religion without discrimination. It reads:<blockquote>पाषण्डनैगमश्रेणी पूगव्रातगणादिषु । संरक्षेत्समयं राजा दुर्गे जनपदे तथा ॥१०.२॥<ref>Narada Smrti, Vyavahara Padani, [https://sa.wikisource.org/wiki/%E0%A4%A8%E0%A4%BE%E0%A4%B0%E0%A4%A6%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%AA%E0%A4%A6%E0%A4%BE%E0%A4%A8%E0%A4%BF/%E0%A4%B8%E0%A4%AE%E0%A4%AF%E0%A4%B8%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%A8%E0%A4%AA%E0%A4%BE%E0%A4%95%E0%A4%B0%E0%A5%8D%E0%A4%AE Samasyanapakarma].</ref></blockquote><blockquote>''pāṣāṇḍanaigamaśrēṇīpūgavrātagaṇādiṣu | saṁrakṣētsamayaṁ rājā durgē janapadē tathā ||''</blockquote>Meaning : The Raja should afford protection to compacts of associations of believers of [[Vedas (वेदाः)|Veda]] (Naigamas) as also of disbelievers in Veda (Pashandis) and of others.

The above rule of Dharma is unique. It required the State to give equal protection not only to believers in God or Vedas, but also disbelievers. That is’ the width of freedom of thought, belief and faith recognised as the basic human right in Bharat, as part of Rajadharma which is secularism par excellence.

The above rule of Dharma is unique. It required the State to give equal protection not only to believers in God or Vedas, but also disbelievers. That is’ the width of freedom of thought, belief and faith recognised as the basic human right in Bharat, as part of Rajadharma which is secularism par excellence.

These principles of Rajadharma guided all the kings in the Bharat from most ancient times and, therefore, throughout the  history of India, spreading over thousands of years, there has been no persecution by the State of any section of the people on grounds of religion or faith. Such was the force of Dharma. As a result, there was no scope for a Theocratic State in Bharatiya polity. It is for this reason that our Constitution confers the Fundamental Right to all to practice any religion of their choice.

These principles of Rajadharma guided all the kings in the Bharat from most ancient times and, therefore, throughout the  history of India, spreading over thousands of years, there has been no persecution by the State of any section of the people on grounds of religion or faith. Such was the force of Dharma. As a result, there was no scope for a Theocratic State in Bharatiya polity. It is for this reason that our Constitution confers the Fundamental Right to all to practice any religion of their choice.<ref name=":0" />

 

 

 

Similar is Article 18 of the Declaration of Human Rights.<ref name=":0" />

=== Right to Social Security ===

=== Right to Social Security ===

All individuals do not possess the capacity or resources to lead a happy life. Many individuals suffer from abject poverty, want of education or earning capacity, physical or mental deformity, disease, old age, loss of earning member of the family etc. But all such individuals have the basic human right to happiness. This right is sought to be protected by creating duty in individuals on whom they depend as also on the State. Mahabharata verse which declared rules of “Dharma” included the duty of an individual to maintain his dependents.<blockquote>अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनः स्वेषु दारेषु शौचमद्रोह एव च ॥१२.५९.९॥ आर्जवं भृत्यभरणं नवैते सार्ववर्णिकः ।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-059 Adhyaya 59]</ref></blockquote><blockquote>''akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā । prajanaḥ sveṣu dāreṣu śaucamadroha eva ca ॥12.59.9॥ ārjavaṁ bhr̥tyabharaṇaṁ navaite sārvavarṇikaḥ ।''</blockquote>“Truthfulness, to be free from anger, sharing wealth with others, (Samvibhaga) forgiveness, procreation of children from one’s wife alone [sexual morality] purity, absence of enmity, straightforwardness, maintaining persons dependent on oneself are the nine rules of Dharma of persons belonging to all the varnas. [M.B. Shantiparva, Ch, 60-7-8]

All individuals do not possess the capacity or resources to lead a happy life. Many individuals suffer from abject poverty, want of education or earning capacity, physical or mental deformity, disease, old age, loss of earning member of the family etc. But all such individuals have the basic human right to happiness. This right is sought to be protected by creating duty in individuals on whom they depend as also on the State. Mahabharata verse which declared rules of “Dharma” included the duty of an individual to maintain his dependents.<blockquote>अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनः स्वेषु दारेषु शौचमद्रोह एव च ॥१२.५९.९॥ आर्जवं भृत्यभरणं नवैते सार्ववर्णिकः ।<ref>Mahabharata, Shanti Parva, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%B9%E0%A4%BE%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%E0%A4%AE%E0%A5%8D-12-%E0%A4%B6%E0%A4%BE%E0%A4%82%E0%A4%A4%E0%A4%BF%E0%A4%AA%E0%A4%B0%E0%A5%8D%E0%A4%B5-059 Adhyaya 59]</ref></blockquote><blockquote>''akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā । prajanaḥ sveṣu dāreṣu śaucamadroha eva ca ॥12.59.9॥ ārjavaṁ bhr̥tyabharaṇaṁ navaite sārvavarṇikaḥ ।''</blockquote>“Truthfulness, to be free from anger, sharing wealth with others, (Samvibhaga) forgiveness, procreation of children from one’s wife alone [sexual morality] purity, absence of enmity, straightforwardness, maintaining persons dependent on oneself are the nine rules of Dharma of persons belonging to all the varnas. [M.B. Shantiparva, Ch, 60-7-8]

It may be noticed that the duty to share the wealth. with others [Samvibhaga] as also the duty to maintain one’s dependents [Brithya bharanam] are declared as the rules of Dharma. This perhaps is the best form of social security provided in Bharatiya civilization and culture, without throwing any burden on the State. This duty was rooted in the two basic values of life namely selflessness and sacrifice. Swamy Vivekananda declared that these are our National values in the following words:

It may be noticed that the duty to share the wealth with others [Samvibhaga] as also the duty to maintain one’s dependents [Brithya bharanam] are declared as the rules of Dharma. This perhaps is the best form of social security provided in Bharatiya civilization and culture, without throwing any burden on the State. This duty was rooted in the two basic values of life namely selflessness and sacrifice. Swamy Vivekananda declared that these are our National values in the following words:

“The national ideals of India are renunciation and service. ____ Intensify her in those channels, and the rest will take  care of itself’. [India and her Problems, p.10]

“The national ideals of India are renunciation and service. ____ Intensify her in those channels, and the rest will take  care of itself’. [India and her Problems, p.10]

=== Right to humane treatment in custody and in prison ===

=== Right to humane treatment in custody and in prison ===

Protection of human rights even when a person was —apprehended by public servants for offences alleged to havebeen committed by him or even after conviction and sentenced to undergo imprisonment was also envisaged. One of the provisions set out hereinafter throw considerable light on this topic.

Protection of human rights even when a person was —apprehended by public servants for offences alleged to have been committed by him or even after conviction and sentenced to undergo imprisonment was also envisaged. One of the provisions set out hereinafter throw considerable light on this topic.

Causing obstruction to the prisoners<blockquote>धर्मस्थीयाशरकान्निसारयतो बन्धगाराच्छ्ययासनभेजनोच्चार सञ्चारं रोधबन्धनेषु त्रिपणोत्तरादण्डाः कर्तुः कारयितृषु बन्ध नागारात्सर्वस्व बधश्च । </blockquote><blockquote>''bandhagārācchyayāsanabhejanoccāra sañcāraṁ rodhabandhaneṣu tripaṇottarādaṇḍāḥ kartuḥ kārayitr̥ṣu bandha nāgārātsarvasva badhaśca ।''</blockquote>“An officer who obstructs or causes to obstruct prisoners in their daily routine such as sleeping, sitting, eating, etc., shall be liable to be punished with fines ranging from 3 panas and upwards.” [Kautilya, p. 255, p. 235-S]

Causing obstruction to the prisoners<blockquote>धर्मस्थीयाशरकान्निसारयतो बन्धगाराच्छ्ययासनभेजनोच्चार सञ्चारं रोधबन्धनेषु त्रिपणोत्तरादण्डाः कर्तुः कारयितृषु बन्ध नागारात्सर्वस्व बधश्च । </blockquote><blockquote>''bandhagārācchyayāsanabhejanoccāra sañcāraṁ rodhabandhaneṣu tripaṇottarādaṇḍāḥ kartuḥ kārayitr̥ṣu bandha nāgārātsarvasva badhaśca ।''</blockquote>“An officer who obstructs or causes to obstruct prisoners in their daily routine such as sleeping, sitting, eating, etc., shall be liable to be punished with fines ranging from 3 panas and upwards.” [Kautilya, p. 255, p. 235-S]

The observance of this Dharma is evidenced in Ramayana, by coronating Vibhishana the brother of Ravana after the latter was killed for his misdeed and in Mahabharata in coronating Sahadeva son of Jarasandha after the latter was killed for his misdeeds.<ref name=":0" />

The observance of this Dharma is evidenced in Ramayana, by coronating Vibhishana the brother of Ravana after the latter was killed for his misdeed and in Mahabharata in coronating Sahadeva son of Jarasandha after the latter was killed for his misdeeds.<ref name=":0" />

In conclusion, it is indisputable that restoration of doctrine of trivarga alone is the panacea for all social and political maladies with which the Nation is afflicted.

In conclusion, it is indisputable that restoration of doctrine of trivarga alone is the panacea for all social and political maladies with which the Nation is afflicted.<ref name=":0" />

 

 

Let all be happy.<ref name=":0" />

== References ==

== References ==

<references />

<references />