Changes

==मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights==

==परिचयः ॥ Introduction==

Bharatiya values regarding human rights evolved on the basis of Trivarga perhaps have the oldest pedigree. 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 pedigree. 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.

“These fundamental rights represent the basic values cherished by the people of this Country since the Vedic times and they are calculated to protect the dignity of  the individual and create conditions in which every human being can develop his personality to the fullest extent.”

“These fundamental rights represent the basic values cherished by the people of this Country since the Vedic times and they are calculated to protect the dignity of  the individual and create conditions in which every human being can develop his personality to the fullest extent.”

===Duty based rights===

==कर्तव्याधारिताः अधिकाराः ॥ Duty based Rights==

The unique method evolved by the great thinkers who moulded the civilization and culture of India was to secure the rights to every individual by creating a corresponding duty in other individuals. This was, for the reason that they considered that sense of right always emanates from selfishness whereas the sense of duty always generates selflessness. Therefore, every kind of right evolved which became the value of Bharatiya culture was based on the duty of every individual towards other — individuals. For example,

The unique method evolved by the great thinkers who moulded the civilization and culture of India was to secure the rights to every individual by creating a corresponding duty in other individuals. This was, for the reason that they considered that sense of right always emanates from selfishness whereas the sense of duty always generates selflessness. Therefore, every kind of right evolved which became the value of Bharatiya culture was based on the duty of every individual towards other — individuals. For example,

*the duty of parents towards their children, and the duty of sons and/or daughters as the case may be to maintain their parents in old age, and

*the duty of parents towards their children, and the duty of sons and/or daughters as the case may be to maintain their parents in old age, and

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">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref>

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">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref>

===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. 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 “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. 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).

(This declaration made in 1948 is similar to the declaration of equality made in Rigveda from times immemorial.)

(This declaration made in 1948 is similar to the declaration of equality made in Rigveda from times immemorial.)

===Right to Education===

==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).

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).

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.<blockquote>क्षत्रियस्य परो धर्मः प्राजानां एव पालनम् । निर्दिष्टफलभोक्ता हि राजा धर्मेण युज्यते । । ७.१४४ । ।<ref name=":3">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 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 name=":3">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].

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.

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====

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

<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.

<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]

====Exemplary Conduct of a Kashmir King — In giving protection to the weakest====

===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:

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:

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.

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 ===

== 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)

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)

Similar is Article 18 of the Declaration of Human Rights.<ref name=":0" />

Similar is Article 18 of the Declaration of Human Rights.<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]

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.<ref name=":0" />

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.<ref name=":0" />

===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 havebeen 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 havebeen 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.

Causing obstruction to the prisoners<blockquote>धर्मस्थीयाशरकान्निसारयतो बन्धगाराच्छ्ययासनभेजनोच्चार सञ्चारं रोधबन्धनेषु त्रिपणोत्तरादण्डाः कर्तुः कारयितृषु बन्ध नागारात्सर्वस्व बधश्च ।</blockquote><blockquote>''bandhagārācchyayāsanabhejanoccāra sañcāraṁ rodhabandhaneṣu tripaṇottarādaṇḍāḥ kartuḥ kārayitr̥ṣu bandha nāgārātsarvasva badhaśca ।''</blockquote>“An officer who obstructs or causes to obstruct prisoners in their daily routine such as sleeping, sitting, eating, etc., shall be liable to be punished with fines ranging from 3 panas and upwards.” [Kautilya, p. 255, p. 235-S]

Causing obstruction to the prisoners<blockquote>धर्मस्थीयाशरकान्निसारयतो बन्धगाराच्छ्ययासनभेजनोच्चार सञ्चारं रोधबन्धनेषु त्रिपणोत्तरादण्डाः कर्तुः कारयितृषु बन्ध नागारात्सर्वस्व बधश्च ।</blockquote><blockquote>''bandhagārācchyayāsanabhejanoccāra sañcāraṁ rodhabandhaneṣu tripaṇottarādaṇḍāḥ kartuḥ kārayitr̥ṣu bandha nāgārātsarvasva badhaśca ।''</blockquote>“An officer who obstructs or causes to obstruct prisoners in their daily routine such as sleeping, sitting, eating, etc., shall be liable to be punished with fines ranging from 3 panas and upwards.” [Kautilya, p. 255, p. 235-S]

===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====

===Rules of warfare===

<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.

<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.

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===

<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.

<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===

<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)

<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)

== References ==

== References ==