Changes

=== 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>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>

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)

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:

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:<blockquote>आकाशात्पतितं तोयं यथा गच्छति सागरम् । सर्वदेवनमस्कारः केशवं प्रति गच्छति ॥</blockquote><blockquote>''ākāśātpatitaṁ toyaṁ yathā gacchati sāgaram । sarvadevanamaskāraḥ keśavaṁ prati gacchati ॥''</blockquote>“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.”

“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:<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.

(Dharmakosha p. 870)

 

“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.

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.

=== 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.

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]

 

“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:

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 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

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]

 

“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 ===

=== Protection of human rights even during and after war ===

==== Rules of warefare ====

==== 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.  

<blockquote>न कूटैरायुधैर्हन्याद्युध्यमानो रणे रिपून् । न कर्णिभिर्नापि दिग्धैर्नाग्निज्वलिततेजनैः । । ७.९० । ।</blockquote><blockquote>न च हन्यात्स्थलारूढं न क्लीबं न कृताञ्जलिम् । न मुक्तकेशं नासीनं न तवास्मीति वादिनम् । । ७.९१ । ।</blockquote><blockquote>न सुप्तं न विसंनाहं न नग्नं न निरायुधम् । नायुध्यमानं पश्यन्तं न परेण समागतम् । । ७.९२ । ।</blockquote><blockquote>नायुधव्यसनप्राप्तं नार्तं नातिपरिक्षतम् । न भीतं न परावृत्तं सतां धर्मं अनुस्मरन् । । ७.९३ । ।</blockquote><blockquote>एषोऽनुपस्कृतः प्रोक्तो योधधर्मः सनातनः । अस्माद्धर्मान्न च्यवेत क्षत्रियो घ्नन्रणे रिपून् । । ७.९८ । ।<ref name=":3" /></blockquote><blockquote>''na kūṭairāyudhairhanyādyudhyamāno raṇe ripūn । na karṇibhirnāpi digdhairnāgnijvalitatejanaiḥ । । 7.90 । ।''</blockquote><blockquote>''na ca hanyātsthalārūḍhaṁ na klībaṁ na kr̥tāñjalim । na muktakeśaṁ nāsīnaṁ na tavāsmīti vādinam । । 7.91 । ।''</blockquote><blockquote>''na suptaṁ na visaṁnāhaṁ na nagnaṁ na nirāyudham । nāyudhyamānaṁ paśyantaṁ na pareṇa samāgatam । । 7.92 । ।''</blockquote><blockquote>''nāyudhavyasanaprāptaṁ nārtaṁ nātiparikṣatam । na bhītaṁ na parāvr̥ttaṁ satāṁ dharmaṁ anusmaran । । 7.93 । ।''</blockquote><blockquote>''eṣo'nupaskr̥taḥ prokto yodhadharmaḥ sanātanaḥ । asmāddharmānna cyaveta kṣatriyo ghnanraṇe ripūn । । 7.98 । ।''</blockquote>“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, when he is on his chariot, one who is on the ground.

==== Treatment of conquered people ====

==== 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.

<blockquote>सर्वेषां तु विदित्वैषां समासेन चिकीर्षितम् । स्थापयेत्तत्र तद्वंश्यं कुर्याच्च समयक्रियाम् । । ७.२०२ । ।</blockquote><blockquote>प्रमाणानि च कुर्वीत तेषां धर्मान्यथोदितान् । रत्नैश्च पूजयेदेनं प्रधानपुरुषैः सह । । ७.२०३ । ।<ref name=":3" /></blockquote><blockquote>''sarveṣāṁ tu viditvaiṣāṁ samāsena cikīrṣitam । sthāpayettatra tadvaṁśyaṁ kuryācca samayakriyām । । 7.202 । ।''</blockquote><blockquote>''pramāṇāni ca kurvīta teṣāṁ dharmānyathoditān । ratnaiśca pūjayedenaṁ pradhānapuruṣaiḥ saha । । 7.203 । ।''</blockquote>(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).

(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 ====

==== 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)

<blockquote>दुष्टस्यापि नरेन्द्रस्य तद्राष्ट्रं न विनाशयेत् । न प्रजानुमतो यस्मादन्यायेषु प्रवर्तते ।। ०२१ ।।<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%B0%E0%A4%BE%E0%A4%9C%E0%A4%A7%E0%A4%B0%E0%A5%8D%E0%A4%AE%E0%A4%BE%E0%A4%83 Raja Dharma]</ref></blockquote><blockquote>''duṣṭasyāpi narendrasya tadrāṣṭraṁ na vināśayet । na prajānumato yasmādanyāyeṣu pravartate ।। 021 ।।''</blockquote>“Even 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.

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.