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==परिचयः ॥ Introduction==

==परिचयः ॥ Introduction==

Fundamental rights bestowed by the constitution of India represent the basic values cherished by the people of Bharata since the Vedic times and  are intended to protect the dignity of the individual and create conditions in which every human being can develop his/her personality to the fullest extent. These bharatiya values regarding human rights perhaps, have the oldest ancestry. The Rigveda which is regarded as the ancient most source of knowledge, declares that all human beings are brothers and equal. While the Atharvanaveda declared that all human beings have equal right over water and food (ie. natural resources). Thus, Vedas including the Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties. The observance of Dharma was regarded as essential for securing peace and happiness to individuals as well as the society. And the duty to conform to Dharma in acquisition of wealth and fulfillment of desires that intended to protect the basic human rights of all, was the injunction of Trivarga.<ref name=":0" />

Fundamental rights represent the basic values cherished by the people of Bharata since the Vedic times and  are intended to protect the dignity of the individual and create conditions in which every human being can develop his/her personality to the fullest extent. These bharatiya values regarding human rights perhaps, have the oldest ancestry. The Rigveda which is regarded as the ancient most source of knowledge, declares that all human beings are brothers and equal. While the Atharvanaveda declared that all human beings have equal right over water and food (ie. natural resources). Thus, Vedas including the Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties. The observance of Dharma was regarded as essential for securing peace and happiness to individuals as well as the society. And the duty to conform to Dharma in acquisition of wealth and fulfillment of desires that intended to protect the basic human rights of all, was the injunction of Trivarga.<ref name=":0" />

==कर्तव्याधारिताः अधिकाराः ॥ Duty based Rights==

==कर्तव्याधारिताः अधिकाराः ॥ Duty based Rights==

The unique method evolved by the great thinkers who moulded the civilization and culture of Bharata was to secure the rights to every individual by creating a corresponding duty in other individuals. Because, they considered that sense of right always emanates from selfishness whereas the sense of duty always generates selflessness. Therefore, every kind of right evolved which became a value in Bharatiya culture was based on the duty of every individual towards other individuals. Accordingly, duties like the following were all created to protect the basic human rights. For example,

The unique method evolved by the great thinkers who moulded the civilization and culture of Bharata was to secure the rights to every individual by creating a corresponding duty in other individuals. Because, they considered that sense of right always emanates from selfishness whereas the sense of duty always generates selflessness. Therefore, every kind of right evolved which became a value in Bharatiya culture was based on the duty of every individual towards other individuals. Accordingly, duties like the following were all created to protect basic human rights. For example,

*duty of parents towards their children and the duty of children to maintain their parents in old age

*duty of parents towards their children and the duty of children to maintain their parents in old age

*duty of teachers towards their students and the duty of students towards their teachers

*duty of teachers towards their students and the duty of students towards their teachers

It meant that everyone owes a duty towards others and has the right to perform his duty. And it is by this process that the human rights were sought to be created and protected.<ref name=":0">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref> The rights that evolved as part of the duty-based Bharatiya value system, recognised and bestowed on every individual, are as follows:

It meant that everyone owes a duty towards others and has the right to perform his duty. And it is by this process that the human rights were sought to be created and protected.<ref name=":0">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref> The rights that evolved as part of the duty-based Bharatiya value system, recognised and bestowed on every individual, are as follows:

===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. Happiness is a natural human right without which life becomes meaningless. Therefore, the right of every individual human being to happiness has been recognised in the Bharatiya culture since ancient times. 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.

However, non-fulfillment of desires causes unhappiness to an individual. He can also cause unhappiness to himself and to — his fellow human beings by his mistakes and misdeeds. The hard fact is that life is a mixture both of happiness and sorrow or misery. There are two types of miseries. One, beyond the control of human beings arising out of natural calamities or acts of God, which in la sharing of sorrow by relatives, friends and other fellow human beings and by rendering the required help and support by the State or Society. The second type of miseries are those which  are inflicted by human beings, againstw is called Vis major, such as untimely death of parents, children, relatives and friends owing to diseases, accidents, and havoc or damages to life and property caused by floods, earthquakes, etc., being unavoidable, man has to suffer them. Such miseries could only be mitigated by the fellow human beings by their inhuman behaviour, by acts such as murder, kidnapping, robbery, theft, rape, hijacking of aeroplanes, terrorist activities, etc., which destroy happiness of the latter.

However, non-fulfillment of desires causes unhappiness to an individual. He can also cause unhappiness to himself and to — his fellow human beings by his mistakes and misdeeds. The hard fact is that life is a mixture both of happiness and sorrow or misery. There are two types of miseries. One, beyond the control of human beings arising out of natural calamities or acts of God, which in la sharing of sorrow by relatives, friends and other fellow human beings and by rendering the required help and support by the State or Society. The second type of miseries are those which  are inflicted by human beings, againstw is called Vis major, such as untimely death of parents, children, relatives and friends owing to diseases, accidents, and havoc or damages to life and property caused by floods, earthquakes, etc., being unavoidable, man has to suffer them. Such miseries could only be mitigated by the fellow human beings by their inhuman behaviour, by acts such as murder, kidnapping, robbery, theft, rape, hijacking of aeroplanes, terrorist activities, etc., which destroy happiness of the latter.