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→Trivarga and Human Rights: Adding content - to be edited
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.<ref name=":0" />
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.<ref name=":0" />
=== 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.”<blockquote>समानी व आकूतिः समाना हृदयानि वः । समानमस्तु वो मनो यथा वः सुसहासति ॥४॥<ref>Rigveda, Mandala 10, [https://sa.wikisource.org/wiki/%E0%A4%8B%E0%A4%97%E0%A5%8D%E0%A4%B5%E0%A5%87%E0%A4%A6%E0%A4%83_%E0%A4%B8%E0%A5%82%E0%A4%95%E0%A5%8D%E0%A4%A4%E0%A4%82_%E0%A5%A7%E0%A5%A6.%E0%A5%A7%E0%A5%AF%E0%A5%A7 Sukta 191].</ref></blockquote><blockquote>''samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥''</blockquote>“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<blockquote>समानी प्रपा सह वोन्नभागः | समाने योक्त्रे सह वो युनज्मि | अराः नाभिमिवाभितः || (Atharvanaveda – Samjnana Sukta)</blockquote><blockquote>''samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥''</blockquote>“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:<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>
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 [[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" />
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.<ref name=":0" />
== References ==
== References ==
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