Changes

  “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.”

  “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 for the entire humanity. However, what is exceptional here is that instead of throwing the entire burden of social security on the exchequer (ie. the royal or national treasury), it is delineated to be borne by the earning member of a family.<ref name=":0" />

Thus, right to social security as a human right recognised in Bharatiya Culture holds good for all times and for the entire humanity. However, what is exceptional here is that instead of throwing the entire burden of social security on the exchequer (ie. the royal or national treasury), it is delineated to be borne by the earning member of a family.<ref name=":0" />

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]

Human rights were regarded as sacrosanct in the land of Bharata since times immemorial. This is evidenced by the provisions envisaged for the protection of human rights under various circumstances. For example, protection of human rights was envisaged even when a person was apprehended by public servants for offences alleged to have been committed by him or even after conviction and sentenced to undergo imprisonment. The Kautiliya Arthashastra says,  <blockquote>धर्मस्थीयाशरकान्निसारयतो बन्धगाराच्छ्ययासनभेजनोच्चार सञ्चारं रोधबन्धनेषु त्रिपणोत्तरादण्डाः कर्तुः कारयितृषु बन्ध नागारात्सर्वस्व बधश्च ।</blockquote><blockquote>''bandhagārācchyayāsanabhejanoccāra sañcāraṁ rodhabandhaneṣu tripaṇottarādaṇḍāḥ kartuḥ kārayitr̥ṣu bandha nāgārātsarvasva badhaśca ।''</blockquote>Meaning: 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.

<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.

 

* May the ruler not strike with concealed weapons, nor with weapons which are spiked, poisoned or the points of which are blazed with fire.

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.

* When he is on a chariot, he should not strike the one who is on ground. Nor should he strike a person who is an eunuch, who has surrendered, is fleeing from the battlefield, is sitting or accepts defeat.

 

* Similarly, he should not strike the one who is sleeping, who has lost his Armour, is naked, is only a spectator or who is engaged in fighting with another.

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).

This is the declared law for warriors, which a He should fight only in accordance with Dharma, which is, hence, called Dharmayudha. (Manusmriti, Ch. VII, Vs. 90-93 and 98).

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

enlists the rules of warfare as follows. It says,  

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).

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====

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

<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.

<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.