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==परिचयः ॥ Introduction==

==परिचयः ॥ Introduction==

Fundamental rights represent the basic values cherished by the people of Bharata since the Vedic times and are intended to protect the dignity of the individual and create conditions in which every human being can develop his/her personality to the fullest extent. These bharatiya values regarding human rights perhaps, have the oldest ancestry. The Rigveda which is regarded as the ancient most source of knowledge, declares that all human beings are brothers and equal. While the Atharvanaveda declared that all human beings have equal right over water and food (ie. natural resources). Thus, Vedas including the Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties. The observance of Dharma was regarded as essential for securing peace and happiness to individuals as well as the society. And the duty to conform to Dharma in acquisition of wealth and fulfillment of desires that intended to protect the basic human rights of all, was the injunction of Trivarga.<ref name=":0" />

Fundamental rights represent the basic values cherished by the people of Bharata since the Vedic times and are intended to protect the dignity of the individual and create conditions in which every human being can develop his/her personality to the fullest extent. These bharatiya values regarding human rights perhaps, have the oldest ancestry. The Rigveda which is regarded as the ancient most source of knowledge, declares that all human beings are brothers and equal. While the Atharvanaveda declared that all human beings have equal right over water and food (ie. natural resources). Thus, Vedas including the Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties. The observance of Dharma was regarded as essential for securing peace and happiness to individuals as well as the society. And the duty to conform to Dharma in acquisition of wealth and fulfillment of desires that intended to protect the basic human rights of all, was the injunction of Trivarga.<ref name=":0" />

==कर्तव्याधारिताः अधिकाराः ॥ Duty based Rights==

==कर्तव्याधारिताः अधिकाराः ॥ Duty based Rights==

The unique method evolved by the great thinkers who moulded the civilization and culture of Bharata was to secure the rights to every individual by creating a corresponding duty in other individuals. Because, 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 a value in Bharatiya culture was based on the duty of every individual towards other individuals. Accordingly, duties like the following were all created to protect basic human rights. For example,

The unique method evolved by the great thinkers who moulded the civilization and culture of Bharata was to secure the rights to every individual by creating a corresponding duty in other individuals. Because, 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 a value in Bharatiya culture was based on the duty of every individual towards other individuals. Accordingly, duties like the following were all created to protect basic human rights. For example,

== मानवीयाधिकाराणां रक्षणम् ॥ Protection of human rights ==

== मानवीयाधिकाराणां रक्षणम् ॥ Protection of human rights ==

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.

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, human rights were secured 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 for punishment with fines ranging from 3 panas and upwards.

Even during and after winning wars, certain human rights were required to be respected and protected. Manusmrti clearly declared the law for warriors which a Kshatriya must not transgress, if he were to remain unblemished, while fighting with his foes in the battlefield. They are as follows: <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>Meaning:  

Even during and after winning wars, certain human rights were required to be respected and protected. These were enumerated in the form of rules of warfare and rules regarding the treatment and protection of the conquered people.

 

Manusmrti clearly declared the law for warriors which a Kshatriya must not transgress, if he were to remain unblemished, while fighting with his foes in the battlefield. They are as follows: <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>Meaning:  

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

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

* 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.

* 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.

* 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 should he strike the one whose weapons are broken, who is afflicted with sorrow, is grievously wounded, or the one who is in fear.  

* Nor should he strike the one whose weapons are broken, who is afflicted with sorrow, is grievously wounded, or the one who is in fear.  

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

These are the restrictions on an honourable warrior which every soldier is required to remember during war and fight only in accordance with Dharma. That is why war is referred to by the term Dharma Yuddha in the Bharatiya Civilisation.  

 

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).

 

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).

===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:

 

<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)

 

 

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.<ref name=":0" />

In conclusion, it is indisputable that restoration of doctrine of trivarga alone is the panacea for all social and political maladies with which the Nation is afflicted.

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

* Let him (conqueror) give recognition to the lawful customs of the inhabitants just as they state them (to be) and let him honour the new ruler (so appointed) and his personal attendants with precious gifts.

The observance of this Dharma is evidenced in Ramayana by the coronation of Vibhishana, the brother of Ravana, and in Mahabharata by the coronation Sahadeva, the son of Jarasandha, after both Ravana and Jarasandha were killed for their misdeeds.

In this important aspect, all should strive for the interest of all with full cooperation and dedication.

Not only that, the Katyayana Smrti also makes provisions for the protection of the conquered people. It says, <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>Meaning: Even when the conquered ruler has acted wrongly, the conqueror should not ruin his Country, since he would not have had the concurrence of his people for his misdeeds.

Let all be happy.<ref name=":0" />

Laying down of such humane rules to be observed during and after war is the best proof for the level of development and respect for human rights that has evolved out of the doctrine of Trivarga. Thus, it is indisputable that restoration of the Trivarga doctrine reflecting the basic values of life cherished in Bharata since ancient times is the solution to all social and political maladies that any Nation could be afflicted with.<ref name=":0" />

== References ==

== References ==

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