Trivarga (त्रिवर्गः)

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Trivarga (Samskrit: त्रिवर्गः)

The Doctrine of Trivarga comprising of Dharma, Artha and Kama is the sum and substance of the Bharatiya Philosophy of life, intended to strike a reasonable balance between the interests of the individual and the public interest which means the interests the of all other individuals who constitute the society or Nation concerned and includes all humanity. It declares the Supremacy of Dharma over Artha (wealth, desire for securing material pleasure) and Kama, (every type of desire including the desire for securing wealth and every type of pleasure). It is the invaluable and everlasting solution for all the problems of all human beings for all time to come, irrespective of their belonging or not belonging to any religion.

परिचयः ॥ Introduction

Vedic wisdom and Bhagavad Gita which contain its quintessence, emphatically proclaim that the four purusharthas when righteously observed are designed to fill every human existence with bliss. These purusharthas are Dharma or right conduct, Artha—creation of wealth through righteous means, Kama—-satisfaction of legitimate desires and ultimately, moksha or salvation.

Dharma, Artha and Kama are like the three legs of a stool. The absence of anyone of them would render life to be futile. Even so, the legitimacy of both Artha and Kama depends on both conforming in entirety on Dharma. The scriptures therefore call the first three purusharsthas as Trivarga. Trivarga, when it is balanced, enriches life, filling it with a sense of fulfillment.

Indian philosophy considers ‘Kama’ and ‘Artha’ - the means to Kama, as valid human pursuits. But it considers ‘Lobha’ (greed) and ‘Moha’ (delusion) arising from unchecked desires as unethical because they incline to work against social interests. To restrain these two pursuits from becoming anti social, Indian Philosophy presents a third vital human pursuit namely 'Dharma'. It is Dharma that helps all people to have the opportunity of experiencing maximum sensual satisfaction by acquisition of wealth and other material objects through right actions. Even Sri Krishna, the human manifestation of the Divine Self in all beings, endorses this validity of Kama in the Bhagavad Gita. He says,

धर्माविरुद्धो भूतेषु कामोऽस्मि भरतर्षभ ॥७- ११॥ dharmāviruddho bhūteṣu kāmo'smi bharatarṣabha ॥7- 11॥

Meaning: I am that Kama (Sensual desire) in all beings, which is not opposed to Dharma. But this pursuit of satisfaction of desires and earning of money should be disciplined and regulated by an ethical sense, so that all persons in a society may get the opportunity to satisfy their urge for them.

धर्माथावुच्यते श्रेयः कामार्थो धर्म एव च । अर्थ एवेह वा श्रेयस्त्रिवर्ग इति तु स्थितिः ॥ २.२२४ ॥

dharmāthāvucyate śreyaḥ kāmārtho dharma eva ca । artha eveha vā śreyastrivarga iti tu sthitiḥ ॥ 2.224 ॥

Meaning: To achieve welfare and happiness some declare Dharma and Artha are good. Others declare that Artha and Kama are better. Still others declare that Dharma is the best. There are also persons who declare Artha alone secures happiness. But the correct view is that Trivarga, the aggregate of Dharma, Artha and Kama secures welfare and happiness.

In this single verse (2.224 and 4.176), Manu Smriti has considered the merits of pure materialism (Artha and Kama) and of mere spiritualism (Dharma without Artha) and concluded that it is the combination of Dharma, Artha and Kama which secures welfare and happiness with an overriding principle that desire (kama) and material wealth (artha) should be rejected if they are inconsistent with Dharma and calls this doctrine Trivarga. There can be no better rule or philosophy than Trivarga, for the welfare of the individual and society. It strikes a harmonious balance between the interests of the individual and society.

Therefore, as Bharataratna C. Subramanyam says,

“Indian philosophy refers to Dharma, Artha and Kama as TRIVARGA, the inseparable group of three and treats them as the warp and woof of ordered human society.”

The doctrine meant that Dharma must control the desire (kama) as well as the means of acquisition of wealth and deriving pleasure (Artha). Dharma therefore prescribed the rules of right conduct, observance of which was considered necessary for the welfare of the individual and society.

The Purpose of Trivarga

Our ancient seers had evolved a doctrine called Trivarga comprising of three inseparable ideals namely Dharma (Righteous Code of Conduct), Artha (every type of wealth) and Kama (every type of desires of human beings) as a permanent and effective solution for all human problems. And put it in the form of an injunction to all human beings in one line,

परित्यजेदर्थकामौ यौ स्यातां धर्मवर्जितौ । ४.१७६ ।

parityajedarthakāmau yau syātāṁ dharmavarjitau । 4.176 ।

Meaning: Reject wealth (artha) and desires (kama) which are contrary to Dharma (righteous code of conduct).

And by Dharma was meant Ahimsa (non-violence), Satya (truthfulness), Asteya (not acquiring illegitimate wealth), Shaucha (purity) and Indriyanigraha (control of senses) that are, in brief, the common dharma for all the varnas.

The Trivarga doctrine was evolved to secure happiness to all without discrimination and in an enduring manner. It is a pragmatic doctrine for the welfare of entire humanity irrespective of classes to which they belong.

Importance of Trivarga

The doctrine of Trivarga is an enduring system of values holding good in the social, political, domestic and international planes of human business. The greatest epics Ramayana and Mahabharata, Manusmrti, Kautilya’s Arthashastra, Brhaspati Smrti, Somadeva’s Nitivakyamrta, Kamandaka's Nitisara all unanimously declared that rule of Trivarga should be followed both by the rulers and the ruled and that alone was a guarantee for peace and happiness of human beings. It has been the guiding principle for the rulers and the ruled.

The propounders of Dharma did realise that the fulfillment of desires of human beings was essential to secure happiness but were of the opinion that unless the desires were regulated by Dharma, they would bring about undesirable results. Therefore, all the propounders of Dharma were unanimous that for the existence of an orderly society and peace and to secure the basic human right of happiness to all, the desires (kama) for material enjoyment, and earning wealth (Artha) should always conform to Dharma (Code of Right Conduct) and be never inconsistent with it.

तस्माच्छास्त्रं प्रमाणं ते कार्याकार्यव्यवस्थितौ । ज्ञात्वा शास्त्रविधानोक्तं कर्म कर्तुमिहार्हसि ॥१६- २४॥

tasmācchāstraṁ pramāṇaṁ tē kāryākāryavyavasthitau । jñātvā śāstravidhānōktaṁ karma kartumihārhasi ॥16- 24॥

Meaning: Let the shastras be your authority in deciding what you should do and what you should desist from doing.

राजनीत्याः आधारः ॥ Basis for Rajaniti

The unanimous view expressed in all the important works such as Ramayana, Mahabharata, Smritis, authoritative texts on Rajaneeti is, Trivarga is the basic structure of our social and political system, as set out below:-

In RAMAYANA

त्रिवर्ग फल भोक्ता च राजा धर्मेण युज्यते ।४-३८-२३

trivarga phala bhoktā ca rājā dharmeṇa yujyate ।4-38-23

Meaning: The essence of Rajadharma is the Ruler must conform to rule of Trivarga [Ramayana 38-23] In MAHABHARATA

धर्मार्थकामाः सममेव सेव्या यो ह्येकभक्तः स नरो जघन्यः।

द्वयोस्तु दक्षं प्रवदन्ति मध्यं स उत्तमो योऽभिरतस्त्रिवर्गे ।।१२.१६५.४०

dharmārthakāmāḥ samameva sevyā yo hyekabhaktaḥ sa naro jaghanyaḥ।

dvayostu dakṣaṁ pravadanti madhyaṁ sa uttamo yo'bhiratastrivarge।।12.165.40

Meaning: TRIVARGA namely Dharma, Artha and Kama are inseparable. All the three should be enjoyed harmoniously, omitting one or two is to be deprecated. [Mahabharata Shantiparva 167-40]

दण्डः संरक्षते धर्मं तथैवार्यं जनाधिप । कामं संरक्षते दण्डस्त्रिवर्गो दण्ड उच्यते ।।१२.१५.३

daṇḍaḥ saṁrakṣate dharmaṁ tathaivāryaṁ janādhipa । kāmaṁ saṁrakṣate daṇḍastrivargo daṇḍa ucyate ।।12.15.3

Meaning: Punishment protects Dharma, Artha and Kama (the law, the lawful wealth and lawful desires of human beings) and hence it is called ‘Trivargarupa' (symbol of Dharma, Artha and Kama). [M.B.Shanti 15-3] In KAUTILYA - Raja Sutra

समं वा त्रिवर्गं सेवेत । धर्मार्थकामानां युगपत्समवाये । पूर्वाः पूर्वा गरीयान् ॥७

samaṁ vā trivargaṁ seveta । dharmārthakāmānāṁ yugapatsamavāye । pūrvāḥ pūrvā garīyān ॥

Meaning: In the inseparable unit of Dharma, Artha and Kama the one mentioned earlier is superior. The Trivarga (Dharma, Artha and Kama) should be followed together.

He reiterates that ‘Trivarga’ should be followed for ensuring peace, welfare and happiness of the people. [Kautilya- p. 22 :(p 24S)]

A careful study of all our ancient works on polity incorporated as part of Rajadharma (Constitutional Law) in Ramayana, Mahabharata, Manu Smriti, Kautilyas Arthasastra, Kamandaka Nitisara and Nitivakyamrita etc., shows that all of them unanimously lay down that the fundamental duty of the State is to ensure that both the rulers and the ruled shall acquire wealth (Artha) and fulfill their desires (Kama) without violating the rules of Dharma, which is the “TRIVARGA” doctrine. Thus, Trivarga with Dharma as the controlling factor is the most important element of basic structure of our Rajaneeti from times immemorial.

Ideal for the State and Individuals

There was no difference between the ideals kept before the State by Rajadharma and those enshrined in the hearts of individuals through the Shrutis and other words on Dharma.

The ideals placed before the individual, for purposes of welfare and happiness of himself and all others in this World, were Dharma, Artha and Kama [Trivarga or the three Purusharthas]. Every individual was asked to reject Artha and Kama [material wealth and desires] if they were in conflict with Dharma. The ultimate goal or ideal enshrined in the hearts of all undoubtedly was Moksha, which every individual was enjoined to strive for i.e., liberation from the bondage of the cycle of birth and death and to secure union with the creator or, in other words, to reach heaven, which idea is philosophical in nature and, therefore, not germane to this topic. The ideals of Rajadharma placed before the State were to assist and support the achievement by individuals of the threefold ideals [Trivarga].

In this regard, the Barhaspatya Sutra says,

नीतेः फलं धर्मार्थकामावाप्तिः ॥ 2.43 ॥ nīteḥ phalaṁ dharmārthakāmāvāptiḥ ॥ 2.43 ॥

Meaning: The goal of polity (Rajaniti) is the fulfillment of Dharma, Artha and Kama. It further adds that Artha (the wealth) and Kama (desire) must stand the test of Dharma. Kautilya declares that a king must strive for the achievement of Trivarga. Kamandakiya, after an elaborate discussion of the seven constituents of the State, concludes thus:-

गृहीतमेतत्रिपुणेन मन्त्रिणा त्रिवर्गनिष्पत्तिमुपैति शाश्वतीम् || 4.7 ||

gr̥hītametatripuṇena mantriṇā trivarganiṣpattimupaiti śāśvatīm || 4.7 ||

Meaning: The state administered with the assistance of wise ministers secures the three goals (Trivarga) in an enduring manner.

After a through discussion of the topic Mahamahopadhyaya Dr. Panduranga Vamana Kane states :

“The goal of the State was deemed to be enable men to attain the four Purushasthas, particularly the first three, [as the last viz, Moksha depended only upon individual philosophical insight and mystical experience and was attainable only by a microscopic number]. Even the Barhaspatya Sutra [II-43 ] says that the fruit of polity was the attainment of Dharma, Artha and Kama. Somadeva begins his Nitivakyamrita in a characteristic way when he performs obeisance to Rajya [the State ] which yields the three fruits of Dharma, Artha and Kama.

The Dharmasastra authors held that Dharma was the supreme power in the State and was above the king, who was only the instrument to realize the goal of Dharma”.

Acharya Somadeva in his Nitivakyamrita, written around 1000 AD stresses the importance of enforcement of Trivarga by the State in the following words:-

अथ धर्माय काम फलाय राज्याय नमः ।

Meaning: My Salutation to the State, which ensures acquiring of wealth and fulfillment of desires without violating Dharma.

All of them warn that mere acquisition of Artha Wealth or Money i.e., economic prosperity and fulfillment of desires disregarding dharma, is sure to result in disaster, such as moral degradation, rampant corruption and large scale commission of offences.

Whatever be the system of government, it could become a good government provided those who exercise the power are good. It depends upon their quality. These qualities have been specified as part of Rajadharma in conformity with the doctrine of Trivarga. (refer Raja Dharma article).

कौटुम्बिकजीवनस्य आधारः ॥ Foundation of Family Life

The sanctity attached to the relationship of the husband and wife brought about by Vivaha (marriage) and the inseparability of their relationship was the firm foundation laid by the propounders of Dharma, on which the social life was constructed. This again was founded on the doctrine of Trivarga.

Vivaha (marriage) was one of the most important of the several ‘samskaras’ (sacraments) prescribed by Dharmasastras for the individual. The object and purpose of marriage was declared in the Dharmasastras by the propounders of Dharma after deep thought and consideration. They stressed that coming together of a man and woman was necessary for the fulfillment of the threefold ideals of life, ie., Dharma, Artha and Kama. The sum and substance of these three goals was that the husband and the wife, remaining loyal to each other throughout their life, should restrain their desire (kama) for material pleasure, wealth and prosperity (Artha) by Dharma (righteous rules of conduct) and should share the happiness and misery and discharge their prescribed duties towards the family and society throughout their life.

This is highlighted by a promise which a bridegroom was required to make while undergoing the vivaha Samskara. While giving the girl in marriage, the father, or in his absence the guardian, addresses the bridegroom with the following words:

धर्मेचार्थे च कामे च नातिचरितव्या त्वयेयम् ॥

Meaning: You shall not transgress Dharma in the attainment of Artha and Kama.

The bridegroom accepts the condition with these words:

नातिचरामि ॥

Meaning: I shall not transgress Dharma, in matters of Artha and Kama.

The promise taken indicates that the purpose of marriage was the fulfillment of Trivarga doctrine throughout the life of husband and wife. In order to impress upon the minds of the bride and bridegroom about the sanctity and permanence of marriage bond and to make them to commit publicly, in the presence of relatives and guests, that they would fulfill the obligations of married life towards the society vivaha was prescribed as a Samskara. This is one of the most important and basic aspects of the social system based on Dharma. It was regarded as the foundation of family life. After marriage the husband and the wife would enter the stage in life, which was called ‘“Grihasthashrama” (Householder) ie., family life, during which it was the duty of every family to discharge its social obligation. The husband and the wife were together required to observe a code of conduct, and they had to discharge their responsibility jointly. In particular, they were together required to discharge four pious obligations namely;

1. towards the God
2. towards parents
3. towards teacher
4. towards humanity

The relevant verse in the Mahabharata where these four pious obligations have been indicated are in Adi Parva (Adhyaya 120.17-20). It says,

ऋणैश्चतुर्भिः संयुक्ता जायन्ते मानवा भुवि | पितृदेवर्षिमनुजैर्देयं तेभ्यश्च धर्मतः ||

r̥ṇaiścaturbhiḥ saṁyuktā jāyante mānavā bhuvi | pitr̥devarṣimanujairdeyaṁ tebhyaśca dharmataḥ ||

Meaning: Every individual should discharge four pious obligations. They are Deva Rna (towards the Supreme Being), Pitru Rna (towards parents), Rishi Rna (towards teachers) and Manava Rna (towards humanity). It also indicated the method by which the four pious obligations are to be discharged.

यज्ञैस्तु देवान् प्रीणाति स्वाध्यायतपसा मुनीन् | पुत्रैः श्राद्धैः पितृंश्चापि आनृशंस्येन मानवान् ||

yajñaistu devān prīṇāti svādhyāyatapasā munīn | putraiḥ śrāddhaiḥ pitr̥ṁścāpi ānr̥śaṁsyena mānavān ||

Meaning: One should discharge Pitru Rna by maintaining continuity of the family, Deva Rna by worship of the Supreme, Rishi Rna by the acquisition and dissemination of knowledge and Manava Rna by every type of social service.

This could be discharged by husband and wife only by living together with mutual love and fidelity throughout their life which is the sum and substance of dharma of husband and wife. To impress upon every couple this aspect Manusmriti Ch.-[X -101 and III-60 declared thus:

अन्योन्यस्याव्यभिचारो भवेदामरणान्तिकः । एष धर्मः समासेन ज्ञेयः स्त्रीपुंसयोः परः । । ९.१०१ । ।

संतुष्टो भार्यया भर्ता भर्त्रा भार्या तथैव च । यस्मिन्नेव कुले नित्यं कल्याणं तत्र वै ध्रुवम् । । ३.६० । ।

Meaning: Mutual friendship and fidelity is the highest Dharma to be observed by husband and wife, throughout their life.

The family in which husband and wife have mutual affection and respect always secures happiness and prosperity.

The validity and utility of the directive for all and its eternal value are unexceptionable. The observance of the above directive throughout life by the husband and the wife is not only conducive to happiness and harmony in family life, but also essential for national or social life.

It is also pertinent to point out that the great importance attached to family life, as constituting the social edifice, and as a basic unit on which the strength of a nation depends, which was regarded as part of dharma, has been recognized by the United Nations under article 23(1) of the International Covenant on Civil and Political Rights, adopted by the General Assembly on 16th December 1966. It reads:

The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

The above article is a clear recognition of the efficacy and necessity of the Dharma of the husband and the wife evolved in this land from the most ancient times as the foundation of social life.

Trivarga and 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.

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

“These fundamental rights represent the basic values cherished by the people of this Country since the Vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent.”

Duty based rights

The unique method evolved by the great thinkers who moulded the civilization and culture of India was to secure the rights to every individual by creating a corresponding duty in other individuals. This was, for the reason that 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 the value of Bharatiya culture was based on the duty of every individual towards other — individuals. For example,

• the duty of parents towards their children, and the duty of sons and/or daughters as the case may be to maintain their parents in old age, and
• duty of teachers towards their students, duty of students towards their teachers,
• duty of every individual in a family towards other individuals in the family and other members of the concerned human society,
• duty of the State towards citizens, duty of the citizens towards the State,

were all created to protect the basic human rights. The creation of a duty in one individual necessarily resulted in the creation of right in other individual and the protection of such right.

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:-

“Karmanyevadhikaraste”

“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.

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.

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.

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.

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.

“Let all be happy, Let all be free from diseases, Let all see auspicious things, Let no body suffer from grief”.

“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]

“Rajadharma’, the constitutional law of ancient Bharat was evolved on the basis of rules of Dharma. Artha Sastra written around 300 BC by Kautilya, who was the Prime Minister of Mauryan Empire is an authoritative work on Rajadharma. It emphatically declared the right to happiness of all individuals and the duty of the King (Ruler) to protect that Right. The said verse reads:-

“In the happiness of the citizens lies the king’s happiness. In their welfare his welfare; Whatever is in his own interest, the king shall not consider as good and; Whatever is in the interest of his people, the king shall consider as good”

The King [the State] was required to conform to the above rule of Rajadharma and secure happiness to the people.

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.

Right to Equality

Right to equality [Samanta] is perhaps the most valuable right, without which happiness is impossible. Unjust discrimination always results in misery and unhappiness to those discriminated against. The Vedas which constitute the primordial source of Dharma declared charter of equality (Samanata).

It is found incorporated in the Rigveda, the most ancient of the Vedas, and also in the Atharvanaveda. They are worth quoting.

अज्येष्ठासो अकनिष्ठास एते सं भ्रातरो वावृधुः सौभगाय || ajyēṣṭhāsō akaniṣṭhāsa ētē saṁ bhrātarō vāvr̥dhuḥ saubhagāya ||

“No one is superior (ajyestasa) or inferior (akanishtasa). All are brothers (ete bhrataraha). All should strive for the interests of all and should progress collectively.” (sowbhagaya sam va vridhuhu). (Rigveda- Mandala-5, Sukta-60, Mantra-5).

“Oh human beings, all of you should, Live together with mutual cooperation, Converse with each other in a friendly manner, Acquire knowledge having common ideals of life.”

“All your prayer and desires be similar and for common good, All your get-togethers be without separatist feeling. All of you be united in thought, word and deed.”

समानी व आकूतिः समाना हृदयानि वः । समानमस्तु वो मनो यथा वः सुसहासति ॥४॥

samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥

“Let there be oneness in your resolutions, hearts and minds. Let the strength to live with mutual cooperation be firm in you all.” [Rigveda-Mandala- 10, Sukta-191, Mantra-4] Atharvanaveda - Samajnana Sukta

समानी प्रपा सह वोन्नभागः | समाने योक्त्रे सह वो युनज्मि | अराः नाभिमिवाभितः || (Atharvanaveda – Samjnana Sukta)

samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥

“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.

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

“All human beings are born free and equal in dignity and rights. They are endowed with reasons and conscience and should act towards one another in a spirit of brotherhood.

All are equal before law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”

(This declaration made in 1948 is similar to the declaration of equality made in Rigveda from times immemorial.)

Right to Education

Mahabharatha 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).

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. dowever, 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:

“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:

‘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. 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:

“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:

“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.”

This lesson is highly enlightening. It 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 discription it has produced, through proper education which secures all round development and personality of all its individuals.

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.

“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:

आयुक्तकेभ्यश्चौरेभ्यः परेभ्यो राजवल्लभात् | पृथिवीपतिलोभाच्च प्रजानां पञ्चधा भयम् ||5.8.81|| पञ्चप्रकारमप्येतदपोह्य नृपतिर्भयम् |

āyuktakebhyaścaurebhyaḥ parebhyo rājavallabhāt | pr̥thivīpatilobhācca prajānāṁ pañcadhā bhayam ||5.8.81|| pañcaprakāramapyetadapohya nr̥patirbhayam |

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.

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

“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 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 thus,

नियम्यतां विनिर्माणं यद्वान्यत्र विधीयताम् | परभूम्यपहारेण सुकृतं कः कलङ्कयेत् ||4.59||

ये द्रष्टारः सदसतां ते धर्मविगुणाः क्रियाः | वयमेव विदध्मश्चेत् यातु न्यायेन कोऽध्वना ||4.60||

niyamyatāṁ vinirmāṇaṁ yadvānyatra vidhīyatām | parabhūmyapahāreṇa sukr̥taṁ kaḥ kalaṅkayet ||

ye draṣṭāraḥ sadasatāṁ te dharmaviguṇāḥ kriyāḥ | vayameva vidadhmaścet yātu nyāyena ko'dhvanā ||

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:

राजधर्मानुरोधेन परवत्ता तवोचिता ||4.75||... स्वस्ति तुभ्यं चिरं स्थेया धर्म्या वृत्तान्तपद्धतीः | दर्शयन्नीदृशीः शुद्धाः श्रद्धेया धर्मचारिणाम् ||4.77||

rājadharmānurodhena paravattā tavocitā ||4.75||... svasti tubhyaṁ ciraṁ stheyā dharmyā vr̥ttāntapaddhatīḥ | darśayannīdr̥śīḥ śuddhāḥ śraddheyā dharmacāriṇām ||4.77||

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.

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.

Right to practice any Religion

For those who believed in God, they had the liberty to believe in any God by any name and to follow any religion of their choice and to adopt any method of worship. Though basically every one among Bharatiya believe that the God is one, on account of the aforesaid liberal approach, several names were given to God, according to the desires and choice of individuals and their need, such as God for protection, Goddess of knowledge, Goddess of Shakti [strength], Goddess of wealth, God of remover of obstacles, God of nature in the form of elements, God in the form of air, water, earth, light and tree etc. (As a result, the number of Gods swelled, but without disturbing the belief that God is one)

This probably is the mark of distinction of Bharatiya culture and civilization in the whole world. This broad outlook is found expressed in the following popular verse:

“Just as the rain water coming down to the earth from the sky reaches the same Ocean, obeisance to God may be in any name, but destination is same, the God by whatever name called.”

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:

“The king should afford protection to compacts of associations of believers of Veda [Naigamas] as also of disbelievers in Veda [Pashandis] and of others.” (Dharmakosha p. 870)

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.

Article 25 reads

“25. Freedom of conscience and free profession, practice and propagation of religion: Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.”

Similar is Article 18 of the Declaration of Human Rights.

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.

“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:

“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]

It is a matter of pride that in Indian civilization this duty or pious obligation has been discharged in an exemplary manner. An individual earning member never thought of himself or his wife and children alone and considered others as burden. He always considered that it was his sacred duty to maintain aged parents, unemployed or minor brothers and sisters, widowed sisters if any or any other member of the family or those members who are physically or mentally handicapped. He used to provide shelter, food, clothing, medicine, education, perform marriage etc. He never considered it as a burden.

The provision on this aspect in the Universal Declaration of Human Rights is Article 22, which reads:

“Every one as a member of society, has the right to ‘social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.”

Thus, right to social security as a human right recognised in Bharatiya Culture holds good for all times and to the entire — humanity. But, the special feature was instead of throwing the entire burden of social security on the exchequer (royal or national treasury), it has to be borne by the earning member of a family.

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.

Causing obstruction to the prisoners

“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]

Protection of human rights even during and after war

Human rights were regarded as sacrosanct in this land, since times immemorial, is evidenced by the rules which prescribed that even during and after winning wars, certain human rights were required to be respected and protected. Some of them are:

Rules of warefare

“Let not the king strike with concealed weapons, nor weapons which are barbed, poisoned or the points of which are blazed with fire.

He should not strike, when he is on his chariot, one who is on the ground.

He should not strike a person who is an eunuch, or who has surrendered or is fleeing from the battlefield or one who is sitting or accepts defeat.

Nor one who is sleeping, nor one who has lost his Armour, nor one who is naked, nor one who is only a spectator, nor one who is engaged in fighting with another;

Nor one whose weapons are broken, nor one who is afflicted with sorrow, nor one who is grievously wounded, nor one who is in fear”. (Manu-VII, 90-93-98).

These are the restrictions” on an honourable warrior, which every soldier must remember during war.

This is the declared law for warriors, which a Kshatriya must not transgress, if he were to remain unblemished, when he is fighting with his foes in the battlefield. He should fight only in accordance with Dharma, which is, hence, called Dharmayudha. (Manusmriti, Ch. VII, Vs. 90-93 and 98).

Treatment of conquered people

(i) Having fully ascertained the wishes of all the conquered people, let him place a relative of the vanquished ruler on the throne, imposing necessary conditions.

(ii) Let him give recognition to the lawful customs of the inhabitants just as they state them (to be) and let him honour the new king (so appointed) and his personal attendants with precious gifts. (Manu, Ch. VII, 202-21 Vs.03).

Protection of conquered people

“Eyen when the conquered king has acted wrongly, the conqueror should not ruin his Country, since he would not have had the concurrence of his people for his misdeeds.” (Katyayana-21)

Laying down of such humane rules to be observed during and after war is the high watermark of the development and respect for human rights.

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.