Changes

Evidently, this declaration made in 1948 is similar to the declaration of equality made in Rigveda from times immemorial. Therefore, it is of utmost importance to note that right to equality was made a part of “Dharma” long before even the State came to be established.<ref name=":0" />

Evidently, this declaration made in 1948 is similar to the declaration of equality made in Rigveda from times immemorial. Therefore, it is of utmost importance to note that right to equality was made a part of “Dharma” long before even the State came to be established.<ref name=":0" />

===Right to Education===

===Right to Education===

The importance given to education in ancient Bharata is reflected in the verse composed by the great Sanskrit poet Bhartrhari. He says,<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>Meaning: 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 teachers; Education is the friend when holds onto in a foreign land; Education is indeed the Supreme being incarnate; it is Education that secures honour at the hands of the State, not money; thus, a man without education is as good as an animal.

The importance given to education in ancient Bharata is reflected in the verse composed by the great Sanskrit poet Bhartrhari. He says,<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>Meaning: 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 teachers; Education is the friend one holds onto in a foreign land; Education is indeed the Supreme being incarnate; it is Education that secures honour at the hands of the State, not money; thus, a man without education is as good as an animal.

Here, not only is the importance of education to life highlighted, but also a man without education is equated to an animal. This impresses upon everyone the significance of acquiring and disseminating knowledge to the next generation. In fact, the Indian civilisation recognises education as one of the pious obligations of the human society where establishing and administering educational institutions is considered a religious and charitable object rather than a commodity for sale. And this aspect of the civilization is alluded to by none other than 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:

Here, not only is the importance of education to life highlighted, but also a man without education is equated to an animal. This impresses upon everyone the significance of acquiring and disseminating knowledge to the next generation. In fact, the Indian civilisation recognises education as one of the pious obligations of the human society where establishing and administering educational institutions is considered a religious and charitable object rather than a commodity for sale.

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 Mahabharata ordains that every individual should discharge four pious obligations ie. towards the Creator, (Deva Rna), ancestors (Pitru Rna), teachers (Rishi Rna) and the Humanity (Manava Rna). Among them, according to the pious obligation of ‘Rishi Rna’ every individual was duty-bound to acquire knowledge and give it back to the society by making useful addition to it and by using it for securing happiness to fellow human beings. Thus, it is by way of creating the pious obligation of Rishi Rna that emphasized on acquisition and dissemination of knowledge that the human right to education of every individual was sought to be created and protected.

about his pious obligation tgacquire and disseminate knowledge to the next generation)

In fact, 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 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. And this has been discharged by Rishis in ancient Bharata by establishing Gurukulas while, the State supported, respected and honoured them for discharging such an important pious obligation. There are innumerable texts in Samskrit as also other languages which stressed on this duty of parents and teachers to impart education to the younger generation, pointing out that it would be a neglect of duty on their part if they failed to do so.

Mahabharata ordains that every individual should discharge four pious obligations. They were towards the Creator, (Devaruna), the Parents (Pritraruna), the Teachers (Rishiruna) and Humanity (Manava Runa).

Moreover, the “Hitopadesha” says that education imparts politeness, intellectual politeness secures capacity and suitability, capacity and suitability enable to secure wealth and wealth so secured enables to conform to Dharma which in turn secures Happiness.<blockquote>विद्या ददाति विनयं विनयाद्याति पात्रताम् । पात्राद्धनमाप्नोति धनाद्धर्मं ततः सुखम् ॥</blockquote><blockquote>''vidyā dadāti vinayaṁ vinayādyāti pātratām । pātrāddhanamāpnoti dhanāddharmaṁ tataḥ sukham ॥''</blockquote>Thus, the human right to education is also aimed at securing happiness. Therefore, it should not be confined to literacy. The aim of education should be all-round development of personality inclusive of intellectual, mental, moral and physical so as to make an individual an asset to the human society. This aspect is highlighted in the Chapter on Education ie. Shikshavalli (Lesson eight) of the Taittiriyopanishad. It says, <blockquote>युवा स्यात्साधु युवाऽध्यायकः । आशिष्ठो द्रढिष्ठो बलिष्ठः । तस्येयं पृथिवी सर्वा वित्तस्य पूर्णा स्यात् । स एको मानुष आनन्दः ।</blockquote><blockquote>''yuvā syātsādhu yuvā'dhyāyakaḥ । āśiṣṭho draḍhiṣṭho baliṣṭhaḥ । tasyeyaṁ pr̥thivī sarvā vittasya pūrṇā syāt । sa eko mānuṣa ānandaḥ ।''</blockquote>Meaning: Happiness is that the youth should be of good character, learned, resolute and strong (morally and physically). Only then will the earth be full of prosperity and wealth. This is the measure of human happiness.

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 highly enlightening lesson declares that education means and includes intellectual, moral and physical education and adds that the real happiness and prosperity of any Nation is directly proportional to the number of men of such description it has produced through proper education which secures all round development and personality of all its individuals.

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.

Therefore, not only has the Supreme Court of India, emphasizing the importance of education, held right to education as a fundamental right under Article 21 of the Constitution of India, but right to education is also one of the Human rights as per Article 26 of the Universal declaration.<ref name=":0" />

 

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:

 

 

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.

 

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.”

 

The human right to education is aimed at securing happiness. Therefore, it should not be confined to literacy. The aim of education should be allround development of personality, intellectual, mental, moral and physical and to make an individual an asset to the human society. This aspect is highlighted in Shikshavalli [Chapter on Education] Lesson eight in Taithireeyopanishad, which reads:<blockquote>युवा स्यात्साधु युवाऽध्यायकः । आशिष्ठो द्रढिष्ठो बलिष्ठः । तस्येयं पृथिवी सर्वा वित्तस्य पूर्णा स्यात् । स एको मानुष आनन्दः ।</blockquote><blockquote>''yuvā syātsādhu yuvā'dhyāyakaḥ । āśiṣṭho draḍhiṣṭho baliṣṭhaḥ । tasyeyaṁ pr̥thivī sarvā vittasya pūrṇā syāt । sa eko mānuṣa ānandaḥ ।''</blockquote>“Happiness is this, youth should be of good character. learned, resolute and strong [morally and physically]. Then only earth will be full of prosperity and wealth. This is the measure of human 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].