Changes

Manusmrti declares that the highest duty of a Raja is to protect his people. Thus, the right to protection of the people was sought to be secured by creating duties of the Rulers as part of Raja Dharma, the Constitutional Law of Ancient Bharata, that applied to all the Rulers who might be ruling in any part of the territory of Bharata. Kamandaka Nitisara also gives paramount importance to the duty of the Rajas to afford full protection against injustice to individual irrespective of whoever the person may be, who inflicted injury or was attempting to inflict injury.<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. And the Raja was duty-bound to give full protection to his people. In fact, along with this general provision, there were also certain specific provisions like the duty to restore stolen property or to pay its value that throw considerable light on the importance given to the human right to protection.

Manusmrti declares that the highest duty of a Raja is to protect his people. Thus, the right to protection of the people was sought to be secured by creating duties of the Rulers as part of Raja Dharma, the Constitutional Law of Ancient Bharata, that applied to all the Rulers who might be ruling in any part of the territory of Bharata. Kamandaka Nitisara also gives paramount importance to the duty of the Rajas to afford full protection against injustice to individual irrespective of whoever the person may be, who inflicted injury or was attempting to inflict injury.<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. And the Raja was duty-bound to give full protection to his people. In fact, along with this general provision, there were also certain specific provisions like the duty to restore stolen property or to pay its value that throw considerable light on the importance given to the human right to protection.

* '''Right to practice any Religion'''

* '''Right to practice any Religion'''

This basic human right was sought to be protected by incorporating a specific rule in Raja Dharma 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.

The Indian Constitution confers the fundamental right to all to practice any religion of their choice. In the ancient times, this basic human right was sought to be protected by incorporating a specific rule in Raja Dharma to the effect that the State was under a duty to protect every religion without discrimination. The Narada Smrti states that the Raja is required to give equal protection not only to believers in the Supreme Being or Vedas, but also disbelievers. That is the width of freedom of thought, belief and faith recognised as the basic human right in Bharata, as part of Raja Dharma which is secularism par excellence.<ref name=":0" />

 

 

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 Raja Dharma which is secularism par excellence.

 

These principles of Raja Dharma 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.<ref name=":0" />

* '''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.<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]

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]