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Line 43: − + − + − 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.+ − ====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. − 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]+ − ====Exemplary Conduct of a Kashmir King — In giving protection to the weakest==== − There is an illuminating case recorded in Rajatarangini as to how Chandrapida, the king of Kashmir [680-688 AD] upheld the rule of law and protected the interest of a Charmakara [cobbler] against the proposed actions of his own officers. The instance is as follows: − According to the story, the officers of the Raja undertook [[Devalaya Vyavastha (देवालयव्यवस्था)|construction of a temple]] of Lord Tribhuvanaswami on a certain site. On a portion of that site there was a hut belonging to a charmakara (cobbler). He refused to remove his hut in spite of being asked to do so by the Raja's officers. Thereupon, the officers complained to the Raja about the stubbornness of the charmakara. However, to their surprise, the officers got a rebuff from the Raja, who censured them for lack of foresight in encroaching upon the site belonging to the charmakara and starting construction without taking his consent. The Raja ordered<ref name=":02">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> thus,<blockquote>नियम्यतां विनिर्माणं यद्वान्यत्र विधीयताम् | परभूम्यपहारेण सुकृतं कः कलङ्कयेत् ||4.59||</blockquote><blockquote>ये द्रष्टारः सदसतां ते धर्मविगुणाः क्रियाः | वयमेव विदध्मश्चेत् यातु न्यायेन कोऽध्वना ||4.60||<ref name=":4">Durgaprasada (1892), [https://archive.org/details/in.ernet.dli.2015.424373/page/n107/mode/2up The Rajatarangini of Kalhana], Vol. I (Tarangas I to VII), Bombay: Government Central Book Depot.</ref></blockquote><blockquote>''niyamyatāṁ vinirmāṇaṁ yadvānyatra vidhīyatām | parabhūmyapahāreṇa sukr̥taṁ kaḥ kalaṅkayet ||''</blockquote><blockquote>''ye draṣṭāraḥ sadasatāṁ te dharmaviguṇāḥ kriyāḥ | vayameva vidadhmaścet yātu nyāyena ko'dhvanā ||''</blockquote>Meaning: Stop construction or build (the temple) somewhere else. Who would tarnish such a pious act by illegally depriving a man of his land ? If we who are the judges of what is right and what is not right, act unlawfully, who then will abide by the law ?+ − Later the Charmakara overwhelmed by the suo motu relief granted by the king sought an audience with the king: He represented before the king; “Just as the palace is to Your Majesty, the hut is to me. I could not bear to see its demolition. You can very well appreciate the plight of a man who is deprived of his dwelling. However, if Your Majesty were to ask for it, I shall give it up having due regard to the code of good manners.”+ − Subsequently, the king purchased the hut by paying a price to his satisfaction. The Charmakara then told the king with folded hands thus:<blockquote>राजधर्मानुरोधेन परवत्ता तवोचिता ||4.75||... स्वस्ति तुभ्यं चिरं स्थेया धर्म्या वृत्तान्तपद्धतीः | दर्शयन्नीदृशीः शुद्धाः श्रद्धेया धर्मचारिणाम् ||4.77||<ref name=":42">Durgaprasada (1892), [https://archive.org/details/in.ernet.dli.2015.424373/page/n107/mode/2up The Rajatarangini of Kalhana], Vol. I (Tarangas I to VII), Bombay: Government Central Book Depot.</ref></blockquote><blockquote>''rājadharmānurodhena paravattā tavocitā ||4.75||... svasti tubhyaṁ ciraṁ stheyā dharmyā vr̥ttāntapaddhatīḥ | darśayannīdr̥śīḥ śuddhāḥ śraddheyā dharmacāriṇām ||4.77||''</blockquote>Meaning: Yielding to another (however low), adhering to the principles of Raja Dharrna, is the appropriate course for a Raja. I wish you well. May you live long, establishing the supremacy of the law (Dharma). Seeing in you, such faith in Dharma, others will also act accordingly.<ref name=":2">Justice M.Rama Jois, [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma The Global Ethic].</ref>+ − − Truly, the supremacy of law [Dharma] prevailed. With the aid of law, a ‘weak’ Charmakara prevailed over the strong; the officers of the king and the king himself.
Trivarga and Human Rights (त्रिवर्गाधारिताः मानवीयाधिकाराः) (view source)
Revision as of 14:05, 10 August 2021
, 14:05, 10 August 2021→Right to protection: Editing
An individual has the capacity to secure happiness for himself, for members of his family and for fellow human beings by fulfilling his desires with his efforts. However, life is a mixture both of happiness and sorrow. Sorrow that is caused either by factors beyond the control of human beings like natural calamities, etc. which being unavoidable have to be suffered by man and can at the most be soothed by sharing of the sorrow with fellow human beings and by the support rendered by the State and the society; or by those inflicted by human beings, against fellow human beings by their inhuman behaviour such as murder, kidnapping, theft, etc. that destroy happiness of the latter. Thus, non-fulfillment of desires, mistakes and misdeeds cause unhappiness to an individual as well as to fellow human beings. And hence, how to avoid man-made miseries and secure the right to happiness has been an important question for all since ages.
An individual has the capacity to secure happiness for himself, for members of his family and for fellow human beings by fulfilling his desires with his efforts. However, life is a mixture both of happiness and sorrow. Sorrow that is caused either by factors beyond the control of human beings like natural calamities, etc. which being unavoidable have to be suffered by man and can at the most be soothed by sharing of the sorrow with fellow human beings and by the support rendered by the State and the society; or by those inflicted by human beings, against fellow human beings by their inhuman behaviour such as murder, kidnapping, theft, etc. that destroy happiness of the latter. Thus, non-fulfillment of desires, mistakes and misdeeds cause unhappiness to an individual as well as to fellow human beings. And hence, how to avoid man-made miseries and secure the right to happiness has been an important question for all since ages.
After an indepth study of human nature, an attempt was made in Bharata to find solution to this eternal problem confronting human race. And Trivarga with Dharma as controlling factor was evolved to secure Right to happiness for all without any exception. In fact, Arthashastra written by Kautilya which is an authoritative work on Raja Dharma or the constitutional law of ancient Bharata, evolved on the basis of the rules of Dharma, emphatically declares the right to happiness for all individuals and emphasizes on the duty of the Raja (Ruler) to protect this Right. It says, <blockquote>प्रजासुखे सुखं राज्ञः प्रजानां च हिते हितम् । नात्मप्रियं हितं राज्ञः प्रजानां तु प्रियं हितम् ॥<ref name=":5">Arthashastra, Adhikarana 1, [https://sa.wikisource.org/wiki/%E0%A4%85%E0%A4%B0%E0%A5%8D%E0%A4%A5%E0%A4%B6%E0%A4%BE%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A5%8D%E0%A4%B0%E0%A4%AE%E0%A5%8D/%E0%A4%85%E0%A4%A7%E0%A4%BF%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D_%E0%A5%A7/%E0%A4%85%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83_%E0%A5%A7%E0%A5%AF Adhyaya 19].</ref></blockquote><blockquote>''prajāsukhē sukhaṁ rājñaḥ prajānāṁ ca hitē hitam | nātmapriyaṁ hitaṁ rājñaḥ prajānāṁ tu priyaṁ hitaṁ ||''</blockquote>Meaning: In the happiness of the citizens lies the happiness of the ruler, in their welfare his welfare; Whatever is in his own interest, the ruler shall not consider as good and whatever is in the interest of his people, the ruler shall consider as good.<ref name=":02" />
After an indepth study of human nature, an attempt was made in Bharata to find solution to this eternal problem confronting human race. And Trivarga with Dharma as controlling factor was evolved to secure Right to happiness for all without any exception. In fact, Arthashastra written by Kautilya which is an authoritative work on Raja Dharma or the constitutional law of ancient Bharata, evolved on the basis of the rules of Dharma, emphatically declares the right to happiness for all individuals and emphasizes on the duty of the Raja (Ruler) to protect this Right. It says, <blockquote>प्रजासुखे सुखं राज्ञः प्रजानां च हिते हितम् । नात्मप्रियं हितं राज्ञः प्रजानां तु प्रियं हितम् ॥<ref name=":5">Arthashastra, Adhikarana 1, [https://sa.wikisource.org/wiki/%E0%A4%85%E0%A4%B0%E0%A5%8D%E0%A4%A5%E0%A4%B6%E0%A4%BE%E0%A4%B8%E0%A5%8D%E0%A4%A4%E0%A5%8D%E0%A4%B0%E0%A4%AE%E0%A5%8D/%E0%A4%85%E0%A4%A7%E0%A4%BF%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D_%E0%A5%A7/%E0%A4%85%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83_%E0%A5%A7%E0%A5%AF Adhyaya 19].</ref></blockquote><blockquote>''prajāsukhē sukhaṁ rājñaḥ prajānāṁ ca hitē hitam | nātmapriyaṁ hitaṁ rājñaḥ prajānāṁ tu priyaṁ hitaṁ ||''</blockquote>Meaning: In the happiness of the citizens lies the happiness of the ruler, in their welfare his welfare; Whatever is in his own interest, the ruler shall not consider as good and whatever is in the interest of his people, the ruler shall consider as good.<ref name=":02">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>
The State was required to conform to this rule of Raja Dharma and secure happiness of the people. Moreover, being the most important and comprehensive human right, the Right to Happiness included every kind of right the fulfillment of which leads to happiness. And therefore, declaration of this Right as a basic human right is rather, a mark of distinction of the Bharatiya values of human rights.<ref name=":0" />
The State was required to conform to this rule of Raja Dharma and secure happiness of the people. Moreover, being the most important and comprehensive human right, the Right to Happiness included every kind of right the fulfillment of which leads to happiness. And therefore, declaration of this Right as a basic human right is rather, a mark of distinction of the Bharatiya values of human rights.<ref name=":0" />
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" />
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" />
===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 duties for Rulers as part of Raja Dharma or the Constitutional Law of Ancient Bharata that applied to all the Rulers who might be ruling in any part of the territory of Bharata. It says,<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>Meaning: The highest duty of a Raja is to protect his people. The Raja who receives the prescribed taxes (from his subjects) and protects them alone acts according to Dharma.
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 Kamandakiya Nitisara, an important authority on Raja Dharma, there has been a specific provision which gave paramount importance to the duty of the rulers to afford full protection against injustice to individual, whoever the person it may be, who inflicted injury or was attempting to inflict injury. It says,<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 ruler, thieves, enemies of the ruler, royal favourites (such as the queen, princes etc.), and more than all, against the greed of the ruler himself. The Raja should ensure that the people are free from these fears.
In this context, there is an illuminating case recorded in Rajatarangini as to how Raja Chandrapida of Kashmir upheld the rule of law and protected the interest of a Charmakara (cobbler) against the proposed actions of his own officers.
According to the story, the officers of the Raja undertook [[Devalaya Vyavastha (देवालयव्यवस्था)|construction of a temple]] of Lord Tribhuvanaswami on a certain site. On a portion of that site there was a hut belonging to a charmakara (cobbler). He refused to remove his hut in spite of being asked to do so by the Raja's officers. Thereupon, the officers complained to the Raja about the stubbornness of the charmakara. However, to their surprise, the officers got a rebuff from the Raja, who censured them for lack of foresight in encroaching upon the site belonging to the charmakara and starting construction without taking his consent. And ordered<ref name=":02" /> thus,<blockquote>नियम्यतां विनिर्माणं यद्वान्यत्र विधीयताम् | परभूम्यपहारेण सुकृतं कः कलङ्कयेत् ||4.59||</blockquote><blockquote>ये द्रष्टारः सदसतां ते धर्मविगुणाः क्रियाः | वयमेव विदध्मश्चेत् यातु न्यायेन कोऽध्वना ||4.60||<ref name=":4">Durgaprasada (1892), [https://archive.org/details/in.ernet.dli.2015.424373/page/n107/mode/2up The Rajatarangini of Kalhana], Vol. I (Tarangas I to VII), Bombay: Government Central Book Depot.</ref></blockquote><blockquote>''niyamyatāṁ vinirmāṇaṁ yadvānyatra vidhīyatām | parabhūmyapahāreṇa sukr̥taṁ kaḥ kalaṅkayet ||''</blockquote><blockquote>''ye draṣṭāraḥ sadasatāṁ te dharmaviguṇāḥ kriyāḥ | vayameva vidadhmaścet yātu nyāyena ko'dhvanā ||''</blockquote>Meaning: Stop construction or build (the temple) somewhere else. Who would tarnish such a pious act by illegally depriving a man of his land ? If we who are the judges of what is right and what is not right, act unlawfully, who then will abide by the law ?
Overwhelmed by this act of the Raja, the Charmakara sought an audience with the him and said, “Just as the palace is to Your Majesty, the hut is to me. I could not bear to see its demolition. You can very well appreciate the plight of a man who is deprived of his dwelling. However, if Your Majesty were to ask for it, I shall give it up having due regard to the code of good manners.”
And thus, the Raja purchased the hut by paying a price to the satisfaction of the Charmakara who then with folded hands said to the Raja,<blockquote>राजधर्मानुरोधेन परवत्ता तवोचिता ||4.75||... स्वस्ति तुभ्यं चिरं स्थेया धर्म्या वृत्तान्तपद्धतीः | दर्शयन्नीदृशीः शुद्धाः श्रद्धेया धर्मचारिणाम् ||4.77||<ref name=":42">Durgaprasada (1892), [https://archive.org/details/in.ernet.dli.2015.424373/page/n107/mode/2up The Rajatarangini of Kalhana], Vol. I (Tarangas I to VII), Bombay: Government Central Book Depot.</ref></blockquote><blockquote>''rājadharmānurodhena paravattā tavocitā ||4.75||... svasti tubhyaṁ ciraṁ stheyā dharmyā vr̥ttāntapaddhatīḥ | darśayannīdr̥śīḥ śuddhāḥ śraddheyā dharmacāriṇām ||4.77||''</blockquote>Meaning: Yielding to another (however low), adhering to the principles of Raja Dharma, is the appropriate course for a Raja. I wish you well. May you live long, establishing the supremacy of the law (Dharma). Seeing in you, such faith in Dharma, others will also act accordingly.<ref name=":02" />
This shows that law is supreme. No one is an exception, not even the ruler himself. He was in duty-bound to give full protection to his people. Moreover, there were also certain specific provisions which throw considerable light on the importance given to the human right to protection. For example, the Katyayana Smrti declares that the Ruler 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 ruler himself must pay it.<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>Thus, truly, it is the supremacy of law (Dharma) that prevailed that in turn secured the right to protection of people.<ref name=":0" />
=== Right to practice any Religion ===
=== Right to practice any Religion ===