Trivarga (त्रिवर्गः)

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Trivarga (Samskrit: त्रिवर्गः) refers to Dharma, Artha and Kama, the inseparable group of three ideals that forms the foundation for an ordered human society according to Bharatiya tattvajnana. The Trivarga Siddhanta states that Dharma must control desires as well as the means of acquisition of wealth and deriving pleasure thereby declaring the Supremacy of Dharma over

• Artha - that refers to wealth and the desire for securing material pleasure and,
• Kama - that includes every type of desire including the desire for securing wealth and all types of pleasure

This doctrine of Trivarga intends to strike a reasonable balance between the interests of the individual and public interest by which is meant the interests of all other individuals who constitute the society or Nation inclusive of the entire humanity. It is an invaluable and everlasting solution for all the problems of all human beings for all times to come and forms the sum and substance of the Bharatiya Philosophy of life.

परिचयः ॥ Introduction

Vedic wisdom and the Bhagavad Gita that contains its essence, firmly indicate that the four Purusharthas when righteously observed are designed to fill every human existence with bliss. These Purusharthas are

1. Dharma or Righteous Code of Conduct
2. Artha that is, creation of wealth through righteous means
3. Kama that refers to satisfaction of legitimate desires
4. Moksha

Undoubtedly, the ultimate goal or ideal enshrined in the hearts of all was Moksha i.e. freedom from the bondage of the birth and death cycle and to secure union with the creator. And every individual was enjoined to strive for the same. However, the scriptures term the first three Purusharthas specifically, as Trivarga. For, Dharma, Artha and Kama are like the three legs of a stool. The absence of anyone of them would render life to be futile. While, the idea of moksha being philosophical in nature is not included in the concept of Trivarga.

However, the legitimacy of both Artha and Kama depended on both conforming in entirety to Dharma. Every individual was asked to reject Artha (material wealth) and Kama (desires) if they were in conflict with Dharma. And when the Trivarga is balanced, it is known to enrich life, filling it with a sense of fulfillment.

त्रिवर्गसिद्धान्तः ॥ Trivarga Siddhanta

Bharatiya tattvajnana considers ‘Kama’ and ‘Artha’, the means to fulfilment of desires, as valid human pursuits. But it considers ‘Lobha’ (greed) and ‘Moha’ (delusion) arising from unchecked desires as unethical because they incline to work against social interests. To restrain these two pursuits from becoming anti-social, Bharatiya tattvajnana presents a third vital human pursuit namely, 'Dharma'. It is Dharma that helps all people to have the opportunity of experiencing maximum sensual satisfaction by acquisition of wealth and other material objects through right actions. Sri Krishna also, in the Bhagavad Gita, endorses the validity of only that Kama which is unopposed to Dharma. He says,

धर्माविरुद्धो भूतेषु कामोऽस्मि भरतर्षभ ॥७.११॥ dharmāviruddho bhūteṣu kāmo'smi bharatarṣabha ॥7.11॥

Meaning: I am that Kama (Sensual desire) in all beings, which is not opposed to Dharma.

Thus, the pursuit of satisfaction of desires and earning of money should be disciplined and regulated by an ethical sense, so that all persons in a society may get the opportunity to satisfy their urge for them.

In fact, Manusmrti discusses the merits of pure materialism (Artha and Kama) as also of mere spiritualism (Dharma without Artha) and concludes that it is the combination of Dharma, Artha and Kama that secures welfare and happiness with an overriding principle that desire (kama) and material wealth (artha) should be rejected if they are inconsistent with Dharma and calls this doctrine Trivarga. It says,

धर्माथावुच्यते श्रेयः कामार्थो धर्म एव च । अर्थ एवेह वा श्रेयस्त्रिवर्ग इति तु स्थितिः ॥ २.२२४ ॥

परित्यजेदर्थकामौ यौ स्यातां धर्मवर्जितौ । ४.१७६ ।

dharmāthāvucyate śreyaḥ kāmārtho dharma eva ca । artha eveha vā śreyastrivarga iti tu sthitiḥ ॥ 2.224 ॥

parityajedarthakāmau yau syātāṁ dharmavarjitau । 4.176 ।

Meaning:

• To achieve welfare and happiness some declare Dharma and Artha are good, others declare that Artha and Kama are better, still others declare that Dharma is the best. There are also people who declare Artha alone secures happiness. But the correct view is that Trivarga, the aggregate of Dharma, Artha and Kama secures welfare and happiness.

• Wealth (artha) and desires (kama) which are contrary to Dharma (righteous code of conduct) should be rejected.

The same view is conveyed in the Mahabharata (Shanti Parva). It says,

धर्मार्थकामाः सममेव सेव्या यो ह्येकभक्तः स नरो जघन्यः। द्वयोस्तु दक्षं प्रवदन्ति मध्यं स उत्तमो योऽभिरतस्त्रिवर्गे ।।१२.१६५.४०

dharmārthakāmāḥ samameva sevyā yo hyekabhaktaḥ sa naro jaghanyaḥ।

dvayostu dakṣaṁ pravadanti madhyaṁ sa uttamo yo'bhiratastrivarge।।12.165.40

Meaning: Trivarga namely, Dharma, Artha and Kama are inseparable. All the three should be enjoyed harmoniously, omitting one or two is to be detested. Kautiliya Arthashastra further states that in the inseparable unit of Dharma, Artha and Kama the one mentioned earlier is superior and reiterates that the Trivarga should be followed together.

समं वा त्रिवर्गं सेवेत । धर्मार्थकामानां युगपत्समवाये । पूर्वाः पूर्वा गरीयान् ॥

samaṁ vā trivargaṁ seveta । dharmārthakāmānāṁ yugapatsamavāye । pūrvāḥ pūrvā garīyān ॥

Thus, the Trivarga doctrine strikes a harmonious balance between the interests of the individual and society. And is therefore, most beneficial for the welfare of the individual and society.

शासकशासितधर्मः ॥ Dharma of the Rulers and the Ruled

Propounders of Dharma realised that fulfillment of human desires was essential to secure happiness but were of the opinion that unless the desires were regulated by Dharma, they would bring about undesirable results.Therefore, the doctrine of Trivarga was evolved to secure happiness to all without discrimination and in an enduring manner. In fact, the Ramayana, Mahabharata, Manusmrti, Kautilya’s Arthashastra, Brhaspati Smrti, Somadeva’s Nitivakyamrta, Kamandaka's Nitisara all unanimously declare that the rule of Trivarga should be followed by both, the rulers and the ruled and that alone is a guarantee for peace and happiness of human beings. There was no difference between the ideals kept before the State by Raja Dharma and those enshrined in the hearts of individuals through the Shrutis and other works on Dharma. The ideals placed before the individual, for purposes of welfare and happiness of himself and all others in this World, were Dharma, Artha and Kama (Trivarga or the three Purusharthas). While, the ideals of Raja Dharma placed before the State were to assist and support the achievement by individuals of the threefold ideals (Trivarga). Thus, the doctrine of Trivarga is referred to as an enduring system of values that holds good in the social, political, domestic and international planes of human business. And thus, has been the guiding principle for both, the rulers and the ruled.

राजनीत्याः आधारः ॥ Basis for Rajaniti

The view that Trivarga is the basic structure of the Bharatiya social and political system is unanimously expressed in all the important ancient works on polity incorporated as part of Raja Dharma in the Ramayana, Mahabharata, Manu Smriti, Kautilya's Arthashastra, Kamandaka's Nitisara, Somadeva’s Nitivakyamrita etc. A careful study of these granthas shows that all of them lay down the fundamental duty of the State as 'ensuring both the rulers and the ruled acquire wealth (Artha) and fulfill their desires (Kama) without violating the rules of Dharma, which is the “Trivarga” doctrine'. Thus, Trivarga with Dharma as the controlling factor has been the most important element of the basic structure of Bharatiya Rajaniti from times immemorial.

In fact, the Barhaspatya Sutra declares that the goal of polity (Rajaniti) is the fulfillment of Dharma, Artha and Kama.

नीतेः फलं धर्मार्थकामावाप्तिः ॥ 2.43 ॥ nīteḥ phalaṁ dharmārthakāmāvāptiḥ ॥ 2.43 ॥

And Kamandakiya Nitisara, after an elaborate discussion on the seven constituents of the State, concludes that it is the state that is administered with the assistance of wise ministers that secures the three goals (Trivarga) in an enduring manner.

गृहीतमेतत्रिपुणेन मन्त्रिणा त्रिवर्गनिष्पत्तिमुपैति शाश्वतीम् || 4.7 ||

gr̥hītametatripuṇena mantriṇā trivarganiṣpattimupaiti śāśvatīm || 4.7 ||

While Mahabharata calls Danda that is representative of Raja's regulatory powers as ‘Trivarga Rupa' since it protects Trivarga ie. Dharma, Artha and Kama (the law, lawful wealth and lawful desires of human beings).

दण्डः संरक्षते धर्मं तथैवार्यं जनाधिप । कामं संरक्षते दण्डस्त्रिवर्गो दण्ड उच्यते ।।१२.१५.३

daṇḍaḥ saṁrakṣate dharmaṁ tathaivāryaṁ janādhipa । kāmaṁ saṁrakṣate daṇḍastrivargo daṇḍa ucyate ।।12.15.3

Thus, the essence of Raja Dharma is that the Ruler must conform to rule of Trivarga.

त्रिवर्ग फल भोक्ता च राजा धर्मेण युज्यते । ४.३८.२३ । trivarga phala bhoktā ca rājā dharmeṇa yujyate । 4.38.23 ।

Kautilya also declares that a Raja must strive for the achievement of Trivarga. In fact, Acharya Somadeva in his Nitivakyamrita goes on to offer his salutations to the State for ensuring acquisition of wealth and fulfillment of desires without violating Dharma. This stresses on the important role played by the State in the enforcement of the Trivarga.

अथ धर्माय काम फलाय राज्याय नमः । atha dharmāya kāma phalāya rājyāya namaḥ ।

Thus, all the acharyas through their granthas warn that mere acquisition of Artha i.e. economic prosperity and fulfillment of desires disregarding dharma, is sure to result in disaster, such as moral degradation, rampant corruption and large scale commission of offences. Therefore, whatever be the system of government, it could become a good government provided those who exercise the power are good. It depended upon their quality. And hence, these qualities have been specified as part of Raja Dharma in conformity with the doctrine of Trivarga.

कौटुम्बिकजीवनस्य आधारः ॥ Foundation of Family Life

Bharatiya social life was constructed on the firm foundation of the sanctity and inseparability of the husband and wife relationship laid down by the propounders of Dharma by means of the Vivaha Samskara. The object and purpose of Vivaha or marriage was declared in the Dharmashastras as the fulfillment of the threefold ideals of life, ie. Dharma, Artha and Kama. The sum and substance of these three goals was that the husband and the wife, remaining loyal to each other throughout their life, should restrain their desire (kama) for material pleasure, wealth and prosperity (Artha) by Dharma (righteous rules of conduct) and should share the happiness and misery and discharge their prescribed duties towards the family and society throughout their life. Therefore, while giving the girl in marriage, the father, or in his absence the guardian, addresses the bridegroom saying,

धर्मेचार्थे च कामे च नातिचरितव्या त्वयेयम् ॥ dharmecārthe ca kāme ca nāticaritavyā tvayeyam ॥

Meaning: You shall not transgress Dharma in the attainment of Artha and Kama.

The bridegroom accepts this by saying, नातिचरामि ॥ nāticarāmi ॥

Meaning: I shall not transgress Dharma, in matters of Artha and Kama.

This promise given by the bridegroom while undergoing the Vivaha Samskara highlights that the purpose of marriage was the fulfillment of Trivarga doctrine throughout their life as husband and wife. In fact, Vivaha was prescribed as a Samskara so as to impress upon the minds of the bride and bridegroom the sanctity and permanence of the marriage bond and also to make them to commit publicly, in the presence of relatives and guests, that they would fulfill the obligations of married life towards the society. Because, after marriage husband and wife enter the stage of family life or Grhasthashrama (Householder) during which it was the duty of every family to discharge its social obligation. The husband and wife were together required to observe a code of conduct and jointly discharge their social responsibilities. In particular, they were required to discharge together four pious obligations towards,

1. the Supreme being
2. Parents
3. Teacher
4. Humanity

This is indicated in the Adi Parva (Adhyaya 120.17-20) of the Mahabharata as follows,

ऋणैश्चतुर्भिः संयुक्ता जायन्ते मानवा भुवि | पितृदेवर्षिमनुजैर्देयं तेभ्यश्च धर्मतः ||

r̥ṇaiścaturbhiḥ saṁyuktā jāyante mānavā bhuvi | pitr̥devarṣimanujairdeyaṁ tebhyaśca dharmataḥ ||

Meaning: Every individual should discharge four pious obligations. They are Deva Rna (towards the Supreme Being), Pitru Rna (towards parents), Rishi Rna (towards teachers) and Manava Rna (towards humanity). In fact the method by which these four pious obligations are to be discharged are also indicated. It is said,

यज्ञैस्तु देवान् प्रीणाति स्वाध्यायतपसा मुनीन् | पुत्रैः श्राद्धैः पितृंश्चापि आनृशंस्येन मानवान् ||

yajñaistu devān prīṇāti svādhyāyatapasā munīn | putraiḥ śrāddhaiḥ pitr̥ṁścāpi ānr̥śaṁsyena mānavān ||

Meaning: One should discharge Pitru Rna by maintaining continuity of the family, Deva Rna by worship of the Supreme, Rishi Rna by the acquisition and dissemination of knowledge and Manava Rna by every type of social service. This could be discharged by the husband and wife only by living together with mutual love and fidelity throughout their life. This is indeed the crux of Dampatya Dharma (the dharma of a husband and wife). And thus, Manusmriti declares that mutual friendship and fidelity is the highest Dharma to be observed by husband and wife, throughout their life. For, the family in which husband and wife have mutual affection and respect always secures happiness and prosperity.

अन्योन्यस्याव्यभिचारो भवेदामरणान्तिकः । एष धर्मः समासेन ज्ञेयः स्त्रीपुंसयोः परः । । ९.१०१ । ।

संतुष्टो भार्यया भर्ता भर्त्रा भार्या तथैव च । यस्मिन्नेव कुले नित्यं कल्याणं तत्र वै ध्रुवम् । । ३.६० । ।

anyonyasyāvyabhicāro bhavedāmaraṇāntikaḥ । eṣa dharmaḥ samāsena jñeyaḥ strīpuṁsayoḥ paraḥ । । 9.101 । ।

saṁtuṣṭo bhāryayā bhartā bhartrā bhāryā tathaiva ca । yasminneva kule nityaṁ kalyāṇaṁ tatra vai dhruvam । । 3.60 । ।

Also, observance of this directive throughout life by the wedded couple is not only conducive to happiness and harmony in family life, but also essential for national or social life. Therefore, Vivaha (marriage), founded on the doctrine of Trivarga, was one of the most important of the several ‘samskaras’ (sacraments) prescribed by Dharmashastras to be performed during the lifetime of an individual. It was regarded as the foundation of family life. So much so, that the great importance attached to family life, as constituting the social edifice, and as a basic unit on which the strength of a nation depends, has been recognized by the United Nations as part of the International Covenant on Civil and Political Rights adopted by the General Assembly. And therefore, it entitles the natural and fundamental group unit of society ie. the family to protection by society and State. This is a clear recognition of the efficacy and necessity of the Dampatya Dharma evolved in this land from the most ancient times based on the doctrine of Trivarga as the foundation of social life.

मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights

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 which was regarded as essential for securing peace and happiness to individuals as well as the society. 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. In fact, Bharatiya values regarding human rights evolved on the basis of Trivarga perhaps have the oldest ancestry. And the fundamental rights recognised by the Indian Constitution that intend to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent represent the basic values cherished by the people of Bharata since Vedic times.

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 the sense of right always emanates from selfishness whereas the sense of duty always generates selflessness. Therefore, every kind of right that became a value in Bharatiya culture was based on the duty of every individual towards other individuals. For example, the following duties were all created to protect basic human rights viz.

• duty of parents towards their children and the duty of children to maintain their parents in old age
• duty of teachers towards their students and duty of students towards their teachers
• duty of every individual in a family towards other individuals in the family and other members of the concerned human society
• duty of the State towards citizens and duty of the citizens towards the State

In fact, 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 establishing a right based society, the ancient philosophers of Bharata preferred to establish a duty-based society where the right given to an individual is the right to perform his duty.

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.

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

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. 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.

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

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. )

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:

‘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.

There is a verse in “Hitopadesha” [wise advice] which eulogises education:

विद्या ददाति विनयं विनयाद्याति पात्रताम् । पात्राद्धनमाप्नोति धनाद्धर्मं ततः सुखम् ॥

vidyā dadāti vinayaṁ vinayādyāti pātratām । pātrāddhanamāpnoti dhanāddharmaṁ tataḥ sukham ॥

“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:

युवा स्यात्साधु युवाऽध्यायकः । आशिष्ठो द्रढिष्ठो बलिष्ठः । तस्येयं पृथिवी सर्वा वित्तस्य पूर्णा स्यात् । स एको मानुष आनन्दः ।

yuvā syātsādhu yuvā'dhyāyakaḥ । āśiṣṭho draḍhiṣṭho baliṣṭhaḥ । tasyeyaṁ pr̥thivī sarvā vittasya pūrṇā syāt । sa eko mānuṣa ānandaḥ ।

“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.

क्षत्रियस्य परो धर्मः प्राजानां एव पालनम् । निर्दिष्टफलभोक्ता हि राजा धर्मेण युज्यते । । ७.१४४ । ।

kṣatriyasya paro dharmaḥ prājānāṁ eva pālanam । nirdiṣṭaphalabhoktā hi rājā dharmeṇa yujyate । । 7.144 । ।

“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:

आयुक्तकेभ्यश्चौरेभ्यः परेभ्यो राजवल्लभात् | पृथिवीपतिलोभाच्च प्रजानां पञ्चधा भयम् ||5.8.81|| पञ्चप्रकारमप्येतदपोह्य नृपतिर्भयम् |

āyuktakebhyaścaurebhyaḥ parebhyo rājavallabhāt | pr̥thivīpatilobhācca prajānāṁ pañcadhā bhayam ||5.8.81|| pañcaprakāramapyetadapohya nr̥patirbhayam |

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.

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. They include,

• Duty to restore stolen property or to pay its value

चौरैर्हृतं प्रयत्नेन स्वरूपं प्रतिपादयेत् । तदभावे तु मूल्यं स्यादन्यथा किल्विषी नृपः ।। ८१६ ।।

लब्धेऽपि चौरे यदि तु मोषस्तस्मान्न लभ्यते । दद्यात्तं अथ वा चौरं दापयेत्तु यथेष्टतः ।। ८१७ ।।

caurairhr̥taṁ prayatnena svarūpaṁ pratipādayet । tadabhāve tu mūlyaṁ syādanyathā kilviṣī nr̥paḥ ।। 816 ।।

labdhe'pi caure yadi tu moṣastasmānna labhyate । dadyāttaṁ atha vā cauraṁ dāpayettu yatheṣṭataḥ ।। 817 ।।

“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]

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:

पाषण्डनैगमश्रेणी पूगव्रातगणादिषु । संरक्षेत्समयं राजा दुर्गे जनपदे तथा ॥१०.२॥

pāṣāṇḍanaigamaśrēṇīpūgavrātagaṇādiṣu | saṁrakṣētsamayaṁ rājā durgē janapadē tathā ||

Meaning : The Raja 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 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.

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.

अक्रोधः सत्यवचनं संविभागः क्षमा तथा । प्रजनः स्वेषु दारेषु शौचमद्रोह एव च ॥१२.५९.९॥ आर्जवं भृत्यभरणं नवैते सार्ववर्णिकः ।

akrodhaḥ satyavacanaṁ saṁvibhāgaḥ kṣamā tathā । prajanaḥ sveṣu dāreṣu śaucamadroha eva ca ॥12.59.9॥ ārjavaṁ bhr̥tyabharaṇaṁ navaite sārvavarṇikaḥ ।

“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.

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

“Every one as a member of society, has the right to ‘social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.”

Thus, right to social security as a human right recognised in Bharatiya Culture holds good for all times and to the entire — humanity. But, the special feature was instead of throwing the entire burden of social security on the exchequer (royal or national treasury), it has to be borne by the earning member of a family.

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.

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:

• Rules of warfare like

“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 a person who is an eunuch, or who has surrendered or is fleeing from the battlefield or one who is sitting or accepts defeat.

Nor one who is sleeping, nor one who has lost his Armour, nor one who is naked, nor one who is only a spectator, nor one who is engaged in fighting with another;

Nor one whose weapons are broken, nor one who is afflicted with sorrow, nor one who is grievously wounded, nor one who is in fear”. (Manu-VII, 90-93-98).

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

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

(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).

• 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)

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.

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.

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.