Trivarga (त्रिवर्गः) - Revision history

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मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights

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मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights: Editing

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 Moreover, the human right to education is also aimed at securing happiness. Therefore, education should not be confined to literacy. Rather, its aim should be all-round development of personality ie. intellectual, mental, moral and physical so as to make an individual an asset to the human society. This aspect is highlighted in the chapter of education, Shikshavalli (Lesson eight) in the Taittiriyopanishad. It adds further more that the real happiness and prosperity of any Nation is directly proportional to the number of such kind of people it has produced, through proper education which secures all round development and personality of all its individuals.
 * '''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.
+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> This shows that law is supreme. And the Raja was duty-bound to give full protection to his people. 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'''
 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" />
@@ Line 80: / Line 80: @@
 The Mahabharata verse which declared rules of “Dharma” included in itself ''saṁvibhāga'' (sharing wealth with others) and ''bhr̥tyabharaṇa'' (the duty of an individual to maintain his dependents). Thus, instead of throwing the entire burden of social security on the exchequer (royal or national treasury), it is delineated to be borne by the earning member of a family. This duty, rooted in the two basic values of life namely selflessness and sacrifice, is perhaps is the best form of social security recognised and provided as a human right in Bharatiya civilization and culture.<ref name=":0" />
-He should not strike, when he is on his chariot, one who is on the ground.
+=== मानवीयाधिकाराणां रक्षणम् ॥ Protection of human rights ===
+Human rights were regarded as sacrosanct in this land, since times immemorial. This is evidenced by the fact that even during and after winning wars, certain human rights were required to be respected and protected. These were enumerated in the form of rules of warfare and rules regarding the treatment and protection of the conquered people. In fact, protection of human rights was envisaged 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 through right to humane treatment while in custody and in prison. And laying down of such humane rules is, indeed, a mark of the development and respect for human rights in the Bharatiya Parampara.
 == References ==
 <references />

@@ Line 77: / Line 77: @@
 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" />
 * '''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.
-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 Mahabharata verse which declared rules of “Dharma” included in itself ''saṁvibhāga'' (sharing wealth with others) and ''bhr̥tyabharaṇa'' (the duty of an individual to maintain his dependents). Thus, instead of throwing the entire burden of social security on the exchequer (royal or national treasury), it is delineated to be borne by the earning member of a family. This duty, rooted in the two basic values of life namely selflessness and sacrifice, is perhaps is the best form of social security recognised and provided as a human right in Bharatiya civilization and culture.<ref name=":0" />
 * '''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.

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 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'''
-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" />
 * '''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]

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 # Kama that refers to satisfaction of legitimate desires
 # 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.
+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.<ref name=":0" />
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 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.<ref name=":0" /><ref name=":2" />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.<ref name=":0" />
 === 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.
+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, Manusmrti, 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. <blockquote>नीतेः फलं धर्मार्थकामावाप्तिः ॥ 2.43 ॥{{Citation needed}} ''nīteḥ phalaṁ dharmārthakāmāvāptiḥ ॥'' 2.43 ''॥''</blockquote>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.<blockquote>गृहीतमेतत्रिपुणेन मन्त्रिणा त्रिवर्गनिष्पत्तिमुपैति शाश्वतीम् || 4.7 ||{{Citation needed}}</blockquote><blockquote>''gr̥hītametatripuṇena mantriṇā trivarganiṣpattimupaiti śāśvatīm || 4.7 ||''</blockquote>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).<ref name=":0" /><blockquote>दण्डः संरक्षते धर्मं तथैवार्यं जनाधिप । कामं संरक्षते दण्डस्त्रिवर्गो दण्ड उच्यते ।।१२.१५.३<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%B5-015 Adhyaya 15]</ref></blockquote><blockquote>''daṇḍaḥ saṁrakṣate dharmaṁ tathaivāryaṁ janādhipa । kāmaṁ saṁrakṣate daṇḍastrivargo daṇḍa ucyate ।।12.15.3''</blockquote>Thus, the essence of Raja Dharma is that the Ruler must conform to rule of Trivarga.<blockquote>त्रिवर्ग फल भोक्ता च राजा धर्मेण युज्यते । ४.३८.२३ ।<ref>Ramayana, Kishkindha Kanda, [https://sa.wikisource.org/wiki/%E0%A4%B0%E0%A4%BE%E0%A4%AE%E0%A4%BE%E0%A4%AF%E0%A4%A3%E0%A4%AE%E0%A5%8D/%E0%A4%95%E0%A4%BF%E0%A4%B7%E0%A5%8D%E0%A4%95%E0%A4%BF%E0%A4%A8%E0%A5%8D%E0%A4%A7%E0%A4%BE%E0%A4%95%E0%A4%BE%E0%A4%A3%E0%A5%8D%E0%A4%A1%E0%A4%AE%E0%A5%8D/%E0%A4%B8%E0%A4%B0%E0%A5%8D%E0%A4%97%E0%A4%83_%E0%A5%A9%E0%A5%AE Sarga 38]</ref> ''trivarga phala bhoktā ca rājā dharmeṇa yujyate । 4.38.23 ।''</blockquote>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.   <blockquote>अथ धर्माय काम फलाय राज्याय नमः । ''atha dharmāya kāma phalāya rājyāya namaḥ ।'' </blockquote>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.<ref name=":0" />
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 Moreover, the human right to education is also aimed at securing happiness. Therefore, education should not be confined to literacy. Rather, its aim should be all-round development of personality ie. intellectual, mental, moral and physical so as to make an individual an asset to the human society. This aspect is highlighted in the chapter of education, Shikshavalli (Lesson eight) in the Taittiriyopanishad. It adds further more that the real happiness and prosperity of any Nation is directly proportional to the number of such kind of people 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.<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].
+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'''
 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.

@@ Line 1: / Line 1: @@
-<blockquote>{{ToBeEdited}}</blockquote>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.<ref name=":0" /> The Trivarga Siddhanta states that Dharma must control desires as well as the means of acquisition of wealth and deriving pleasure<ref name=":2">Justice M.Rama Jois, [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma The Global Ethic].</ref> thereby declaring the Supremacy of Dharma over
+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.<ref name=":0" /> The Trivarga Siddhanta states that Dharma must control desires as well as the means of acquisition of wealth and deriving pleasure<ref name=":2">Justice M.Rama Jois, [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma The Global Ethic].</ref> 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

← Older revision		Revision as of 09:42, 23 July 2021
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	== मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights ==		== मानवीयाधिकाराणाम् आधारः ॥ Basis of Human Rights ==
		+	{{Main article\|Trivarga and Human Rights (त्रिवर्गाधारिताः मानवीयाधिकाराः)}}
	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.		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.

@@ Line 67: / Line 67: @@
 * '''Right to Equality'''
 Right to equality (Samanata) is perhaps the most valuable right, without which happiness is impossible. The Vedas which constitute the primordial source of Dharma declared the charter of equality. Rigveda declared that all are brothers, 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. This declaration of equality found incorporated in the Rigveda, the most ancient of the Vedas, and also in the Atharvanaveda from times immemorial is very much similar to the Universal Declaration of Human Rights made in 1948. Therefore, it is of utmost importance to note that right to equality was made a part of “Dharma” long before even the State came to be established.
-=== Right to Education ===
+Moreover, the human right to education is also aimed at securing happiness. Therefore, education should not be confined to literacy. Rather, its aim should be all-round development of personality ie. intellectual, mental, moral and physical so as to make an individual an asset to the human society. This aspect is highlighted in the chapter of education, Shikshavalli (Lesson eight) in the Taittiriyopanishad. It adds further more that the real happiness and prosperity of any Nation is directly proportional to the number of such kind of people it has produced, through proper education which secures all round development and personality of all its individuals.
-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).
+* '''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].
@@ Line 97: / Line 81: @@
 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:<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.
@@ Line 106: / Line 89: @@
 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'''
 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]
@@ Line 117: / Line 99: @@
 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'''
 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

@@ Line 65: / Line 65: @@
 * '''Right to Happiness'''
 It is the natural desire of all human beings to be happy at every stage and in every aspect of life. Therefore, happiness has been recognised as a right in the Bharatiya culture since ancient times. In fact, “right to happiness” is a compendious expression that includes every kind of specific human right, the fulfillment of which intends to secure happiness. And the doctrine of Trivarga with Dharma as controlling factor was evolved to secure this right to happiness for all without any exception. Thus, this is the most important and comprehensive human right. And the declaration of this Right as a basic human right is rather, a mark of distinction of Bharatiya values of human rights.
+* '''Right to Equality'''
-=== Right to Equality ===
+Right to equality (Samanata) is perhaps the most valuable right, without which happiness is impossible. The Vedas which constitute the primordial source of Dharma declared the charter of equality. Rigveda declared that all are brothers, 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. This declaration of equality found incorporated in the Rigveda, the most ancient of the Vedas, and also in the Atharvanaveda from times immemorial is very much similar to the Universal Declaration of Human Rights made in 1948. Therefore, it is of utmost importance to note that right to equality was made a part of “Dharma” long before even the State came to be established.
 === Right to Education ===

@@ Line 62: / Line 62: @@
 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.<ref name=":0" />
-=== Right to Happiness ===
+The rights that evolved as part of the duty-based Bharatiya value system, recognised and bestowed on every individual, are as follows:
-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.
+* '''Right to Happiness'''
+It is the natural desire of all human beings to be happy at every stage and in every aspect of life. Therefore, happiness has been recognised as a right in the Bharatiya culture since ancient times. In fact, “right to happiness” is a compendious expression that includes every kind of specific human right, the fulfillment of which intends to secure happiness. And the doctrine of Trivarga with Dharma as controlling factor was evolved to secure this right to happiness for all without any exception. Thus, this is the most important and comprehensive human right. And the declaration of this Right as a basic human right is rather, a mark of distinction of Bharatiya values of human rights.
 === Right to Equality ===