Changes

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).

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.<blockquote>अज्येष्ठासो अकनिष्ठास एते सं भ्रातरो वावृधुः सौभगाय ॥५॥<ref>Rgveda, Mandala 5, [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%AB.%E0%A5%AC%E0%A5%A6 Sukta 60]</ref> ''ajyeṣṭhāso akaniṣṭhāsa ete saṁ bhrātaro vāvr̥dhuḥ saubhagāya ॥5॥''</blockquote>“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).<blockquote>सङ्गच्छध्वं सं वदध्वं सं वो मनांसि जानताम् । ''saṅgacchadhvaṁ saṁ vadadhvaṁ saṁ vo manāṁsi jānatām ।''</blockquote>“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.”

It is found incorporated in the Rigveda, the most ancient of the Vedas, and also in the Atharvanaveda. They are worth quoting.<blockquote>अज्येष्ठासो अकनिष्ठास एते सं भ्रातरो वावृधुः सौभगाय ॥५॥<ref>Rgveda, Mandala 5, [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%AB.%E0%A5%AC%E0%A5%A6 Sukta 60]</ref> ''ajyeṣṭhāso akaniṣṭhāsa ete saṁ bhrātaro vāvr̥dhuḥ saubhagāya ॥5॥''</blockquote>“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).<blockquote>सङ्गच्छध्वं सं वदध्वं सं वो मनांसि जानताम् । ''saṅgacchadhvaṁ saṁ vadadhvaṁ saṁ vo manāṁsi jānatām ।''</blockquote>“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.”<blockquote>समानो मन्त्रः समितिः समानी समानं मनः सह चित्तमेषाम् । ''saṅgacchadhvaṁ saṁ vadadhvaṁ saṁ vo manāṁsi jānatām ।''</blockquote>“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]

 

“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.”

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.”

=== Right to Education ===

=== 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).

Mahabharata 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. )

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.

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. however, 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.

 

“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.)

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:<blockquote>विद्या नाम नरस्य रूपमधिकं प्रच्छन्नगुप्तं धनं विद्या भोगकरी यशः सुखकरी विद्या गुरूणां गुरुः ।</blockquote><blockquote>विद्या बन्धुजनो विदेशगमने विद्या परं दैवतं विद्या राजसु पूज्यते न तु धनं विद्याविहीनः पशुः ॥</blockquote><blockquote>''vidyā nāma narasya rūpamadhikaṁ pracchannaguptaṁ dhanaṁ vidyā bhogakarī yaśaḥ sukhakarī vidyā gurūṇāṁ guruḥ ।''</blockquote><blockquote>''vidyā bandhujano videśagamane vidyā paraṁ daivataṁ vidyā rājasu pūjyate na tu dhanaṁ vidyāvihīnaḥ paśuḥ ॥''</blockquote>“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:

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]

‘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.

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.  

 

“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.”

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.

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:

There is a verse in “Hitopadesha” [wise advice] which eulogises education:<blockquote>विद्या ददाति विनयं विनयाद्याति पात्रताम् । पात्राद्धनमाप्नोति धनाद्धर्मं ततः सुखम् ॥ </blockquote><blockquote>''vidyā dadāti vinayaṁ vinayādyāti pātratām । pātrāddhanamāpnoti dhanāddharmaṁ tataḥ sukham ॥''</blockquote>“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.”

“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.”

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:<blockquote>युवा स्यात्साधु युवाऽध्यायकः । आशिष्ठो द्रढिष्ठो बलिष्ठः । तस्येयं पृथिवी सर्वा वित्तस्य पूर्णा स्यात् । स एको मानुष आनन्दः ।</blockquote><blockquote>''yuvā syātsādhu yuvā'dhyāyakaḥ । āśiṣṭho draḍhiṣṭho baliṣṭhaḥ । tasyeyaṁ pr̥thivī sarvā vittasya pūrṇā syāt । sa eko mānuṣa ānandaḥ ।''</blockquote>“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.

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 ===

=== 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 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 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>

==== Duty to restore stolen property or to pay its value ====

==== 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.  

<blockquote>चौरैर्हृतं प्रयत्नेन स्वरूपं प्रतिपादयेत् । तदभावे तु मूल्यं स्यादन्यथा किल्विषी नृपः ।। ८१६ ।।</blockquote><blockquote>लब्धेऽपि चौरे यदि तु मोषस्तस्मान्न लभ्यते । दद्यात्तं अथ वा चौरं दापयेत्तु यथेष्टतः ।। ८१७ ।।<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%B8%E0%A5%8D%E0%A4%A4%E0%A5%87%E0%A4%AF%E0%A4%AE%E0%A5%8D Steyam]</ref></blockquote><blockquote>''caurairhr̥taṁ prayatnena svarūpaṁ pratipādayet । tadabhāve tu mūlyaṁ syādanyathā kilviṣī nr̥paḥ ।। 816 ।।''</blockquote><blockquote>''labdhe'pi caure yadi tu moṣastasmānna labhyate । dadyāttaṁ atha vā cauraṁ dāpayettu yatheṣṭataḥ ।। 817 ।।''</blockquote>“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]

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]