Changes

== मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights ==

== मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights ==

Bharatiya values regarding human rights evolved on the basis of Trivarga perhaps have the oldest ancestry. Rigveda which is regarded as the oldest document, declares that all human beings are equal and they are brothers. The Atharvana Veda declared that all human beings have equal right over water and food (natural resources). The Vedas including Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties, the observance of which was regarded as essential for securing peace and happiness to individuals and the society as well. The duty to conform to Dharma in acquisition of wealth and fulfillment of desires, has been the injunction of Trivarga to all, which was intended to protect the basic human rights of all.

Bharatiya values regarding human rights evolved on the basis of Trivarga perhaps have the oldest ancestry. The Vedas including Upanishads (Shruti) were the primordial source of ‘Dharma’ which is a compendious term for all the human rights and duties, the observance of which was regarded as essential for securing peace and happiness to individuals and the society as well. The duty to conform to Dharma in acquisition of wealth and fulfillment of desires, has been the injunction of Trivarga to all, which was intended to protect the basic human rights of all.

This aspect is pointed out by the Supreme Court of India thus:

This aspect is pointed out by the Supreme Court of India thus:

were all created to protect the basic human rights. The creation of a duty in one individual necessarily resulted in the creation of right in other individual and the protection of such right.

were all created to protect the basic human rights. The creation of a duty in one individual necessarily resulted in the creation of right in other individual and the protection of such right.

Therefore, instead of making right as the foundation of social life and establish a right based society, the ancient philosophers of this land preferred to establish a duty-based society where the right given to an individual is the right to perform his duty.

Therefore, instead of making right as the foundation of social life and establish a right based society, the ancient philosophers of this land preferred to establish a duty-based society where the right given to an individual is the right to perform his duty.<ref name=":0" />

 

 

 

This basic attitude should be ingrained in all individual human beings since childhood and this attitude is sure to reduce conflicts quarrels and confrontation substantially.<ref name=":0" />

=== Right to Happiness ===

=== 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.

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.  

Trivarga with Dharma as controlling factor was evolved to secure Right to happiness for all without any exception.

 

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.<blockquote>सर्वेऽपि सुखिनः सन्तु सर्वे सन्तु निरामयाः । सर्वे भद्राणी पश्यन्तु मा कश्चिद्दुःखभाग्भवेत् ॥ </blockquote><blockquote>''sarve'pi sukhinaḥ santu sarve santu nirāmayāḥ । sarve bhadrāṇī paśyantu mā kaścidduḥkhabhāgbhavet ॥''</blockquote>“Let all be happy, Let all be free from diseases, Let all see auspicious things, Let no body suffer from grief”.<blockquote>सह नाववतु । सह नौ भुनक्तु । सह वीर्यं करवावहै । तेजस्विनावधीतमस्तु । मा विद्विषावहै । ॐ शान्तिः शान्तिः शान्तिः ।</blockquote><blockquote>''saha nāvavatu । saha nau bhunaktu । saha vīryaṁ karavāvahai । tejasvināvadhītamastu । mā vidviṣāvahai । oṁ śāntiḥ śāntiḥ śāntiḥ ।''</blockquote>“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]

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.

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 ===

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. 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.”<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]

It is found incorporated in the Rigveda, the most ancient of the Vedas, and also in the Atharvanaveda.  

 

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.

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.

This obligation had to be discharged by every individual towards 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.

This obligation had to be discharged by every individual towards 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.

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 to acquire 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]

Thus, it is by way of creating the pious obligation of Rishi Rna 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.  

 

Thus, it is by way of creating the pious obligation of Rishi Rna 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:<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.”

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.”

=== 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 Rajadharma 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.

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.

(Dharmakosha p. 870)

(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.

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 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.<ref name=":0" />

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]

It may be noticed that the duty to share the wealth with others [Samvibhaga] as also the duty to maintain one’s dependents [Brithya bharanam] are declared as the rules of Dharma. This perhaps is the best form of social security provided in Bharatiya civilization and culture, without throwing any burden on the State. This duty was rooted in the two basic values of life namely selflessness and sacrifice. Swamy Vivekananda declared that these are our National values in the following words:

It may be noticed that the duty to share the wealth with others [Samvibhaga] as also the duty to maintain one’s dependents [Brithya bharanam] are declared as the rules of Dharma. This perhaps is the best form of social security provided in Bharatiya civilization and culture, without throwing any burden on the State. This duty was rooted in the two basic values of life namely selflessness and sacrifice.  

 

 

It is a matter of pride that in Indian civilization this duty or pious obligation has been discharged in an exemplary manner. An individual earning member never thought of himself or his wife and children alone and considered others as burden. He always considered that it was his sacred duty to maintain aged parents, unemployed or minor brothers and sisters, widowed sisters if any or any other member of the family or those members who are physically or mentally handicapped. He used to provide shelter, food, clothing, medicine, education, perform marriage etc. He never considered it as a burden.

The provision on this aspect in the Universal Declaration of Human Rights is Article 22, which reads:

The provision on this aspect in the Universal Declaration of Human Rights is Article 22, which reads:

=== Right to humane treatment in custody and in prison ===

=== Right to humane treatment in custody and in prison ===

Protection of human rights 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 was also envisaged. One of the provisions set out hereinafter throw considerable light on this topic.

Protection of human rights 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 was also envisaged.  

 

=== Protection of human rights even during and after war ===

=== 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:

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:

 

* Rules of warfare like

==== Rules of warfare ====

“Let not the king strike with concealed weapons, nor weapons which are barbed, poisoned or the points of which are blazed with fire.  

<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.

He should not strike, when he is on his chariot, one who is on the ground.

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 ====

(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.

(ii) Let him give recognition to the lawful customs of the inhabitants just as they state them (to be) and let him honour the new king (so appointed) and his personal attendants with precious gifts. (Manu, Ch. VII, 202-21 Vs.03).

(ii) Let him give recognition to the lawful customs of the inhabitants just as they state them (to be) and let him honour the new king (so appointed) and his personal attendants with precious gifts. (Manu, Ch. VII, 202-21 Vs.03).

 

* Protection of conquered people

==== Protection of conquered people ====

“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)

<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)

Laying down of such humane rules to be observed during and after war is the high watermark of the development and respect for human rights.

Laying down of such humane rules to be observed during and after war is the high watermark of the development and respect for human rights.