[VOLUME 3 I ISSUE 4 I OCT. – DEC.

2016] e ISSN 2348 –1269, Print ISSN 2349-5138

http://ijrar.com/ Cosmos Impact Factor 4.236

Human Rights and Ancient India

Dr. Ramesh Baboo
Assistant Professor
Dept. of Chemistry,
Dr B. R. A. Govt. Girls P. G. College,
Fatehpur, U.P. India

Received Nov. 02, 2016 Accepted Nov. 28, 2016

ABSTRACT Human Right as a word was not framed by ancient Indians but the content
of current Human Rights was included in the ancient Indian education pattern in gurukul and
ashramas. Ancient India recognized the supreme value of moral education in human life. The
ancient thinkers felt that a healthy society was not possible without morally educated
individuals. They framed an educational scheme carefully and wisely aiming at the
harmonious development of the mind and body. Moral education bound the students and
those becoming the adult to run their life according to rules framed and provided by the
gurukulas, ashramas and societies.

Key words: Human Rights, Moral Education, Ancient India, Gurukula and Ashramas.
Introduction
Human Right as a word is not framed by fundamental rights was not unknown to the
ancient Indians but the content of current people of earlier periods’'.2 The Buddhist
Human Rights was included in the ancient doctrine of non-violence is a humanitarian
education pattern in gurukul and ashramas. doctrine par excellence, dating back to the
Ancient India recognized the supreme value third century b.c.3 According to the Gita, "he
of moral education in human life. The ancient who has no ill will to any being, who is
thinkers felt that a healthy society was not friendly and compassionate, who is free from
possible without morally educated egoism and self sense and who is even-
individuals. Since the days of the Indus Valley minded in pain and pleasure and patient" is
Civilization, Indian society and culture has dear to God.4 It also says that divinity in
been the product of a synthesis of diverse humans is represented by the virtues of non-
cultures and religions including nature or violence, truth, freedom from anger,
moral education that came into contact with renunciation, and aversion to fault finding,
the enormous Indian sub continent over a compassion to living being, freedom from
very long stretch of time. Pt. Nehru has covetousness, gentleness, modesty and
quoted in his book that "an unbroken steadiness, and the qualities that a good
continuity between the most modern and the human being ought to have. The historical
most ancient phases of Hindu thought account of ancient India proves beyond doubt
extending over three thousand years'’.1 The that human rights were as much manifest in
rights of man have been the concern of all the ancient Hindu civilizations as in the
civilizations from time immemorial. "The Christian civilizations.5
concept of the rights of man and other
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Indian Dharmashastra, Epics and Human be discharged with affirmative joy. The
Rights realization of this vast perspective is assured
in the Dharmasastras by the wonderful
Hindu "Dharmasastras" and the
scheme or co-ordination of conduct adapted
"Arthasastras" and other legal paterns of the
to different conditions, status and situations
past have discovered an amazing system,
of life. The scope of dharma takes in its vast
which, regulates the duties of Kings, judges,
sweep human rights as well. The individual in
subjects and judicial as well as legal
ancient India existed as a citizen of the State
procedures. The central concept is Dharrna,
and in that capacity he had both rights and
the functional focus of which is social order.
obligations. These rights and duties have
The message is "Dharma" as the supreme
largely been expressed in terms of duties
value, which binds kings and citizens, men
(Dharma) - duties to oneself, to one's family,
and women. Human rights gain meaning only
to other fellowmen, to the society and the
when there is an independent judiciary to
world at large. The basis of ancient human
enforce rights. Dharmasastras are clear and
rights jurisprudence was Dharma - the ideal
categoric.6 The independence of the judiciary
of ancient Indian legal theory was the
was one of the outstanding features of the
establishment of socio-legal order free from
Hindu judicial system. Even during the days
traces of conflicts, exploitations and miseries.
of Hindu monarchy, the administration of
Such a law of "Dharma" was a model for the
justice always remained separate from the
universal legal order9. There are many
executive. It was, as a rule, independent both
references in the Vedas, which throw light on
in form and spirit. It was the Hindu judicial
the existence of human rights in ancient lndia.
system that first realized and recognized the
The Vedas proclaim liberty of body (Tan),
importance of the separation of the judiciary
dwelling house (Skridhi), and life (Jibase). In
from the executive and gave this fundamental
1367 B.C. Bahmani and Vijayanayar kings are
principle a practical shape and form. The case
stated to have entered into an agreement for
of Ananthapindika v. Jeta reported in the
the human treatment of prisoners of war and
vinaya-pitaka,7 is a shining illustration of this
the sparing of lives of the enemy's unarmed
principle. According to it, a Prince and a
subjects.10 Human rights have always
private citizen submitted their cases before
occupied a place of paramount importance in
the law court and the court decided against
India's rich legacy because India believed in
the Prince. The Prince accepted the decision
the principle, "Vashudhaiva-kutumbakam,11
as a matter of course and as binding on him.
i.e. welfare of all.
The State was not sacerdotal, nor even
paternalistic; even the king was subject to the According to Rajadharma, the king was given
law, as any other citizen and the 'Divine the power only to enforce the law.
Right' of kings known to western political Dharmasastras did not confer on or recognize
science was unknown to India. On the whole, any legislative power in the King. This is the
the aim of the ancient Indian State may be most important distinction between kingship
said to have been less to introduce an in India and the concept of kingship in the
improved social order, than to act in West. But under the kingship as recognized
conformity with the established moral order.8 and established under the Dnarmasastras, the
Duty is not a tyrant, but a symbol of dignity to laws were those laid down by the

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Dharmasastras themselves. They did not domain to enjoy security of life, peace of mind
authorize the king to lay down new laws or and enjoy their life on par with other people
amenld provisions of the Dharmsastras. On in the society. Torture and inhuman
the other hand, Dharmasastras also laid down treatment of prisoners was prohibited under
the laws governing the conduct of the king Ashoka's benign dispensation.
himself (Rajadharma).12 Legal literature of
Indian Ayurved and Human Right
the Hindu period owes much to the
distinguished law givers of the times as well In the words of Charaka, the earliest Indian
as to the two epics and the Arthasastra medical writer who lived centuries before the
(Kautilya) and Sukranitisara. Kautilya's Christian era, sickness prevents a person
Arthasastra asserts that in the happiness of from pursuing his values of life which include
the subjects lies the happiness of the king, satisfying the normal desires and having the
and what is beneficial to the subjects is his usual pleasures of life, acquiring wealth and
own benefit. Kautilya also disapproved of the securing financial comfort, leading a life of
theory of royal absolutism and subordinated virtue and social usefulness. This triad
the king also to the law. Similarly, characterizes normal human life. The person
Shantiparva prescribes that a king may be who is sick is unable to lead a normal life,
punished if he does not follow the path of the pursuing this triad, and to this extent he
Dharma. Kautilya, the author of the threatens the society in which he lives and of
celebrated political treatise Arthasastra not which he is a part13. Values of life are fulfilled
only affirmed and elaborated the civil and only by a healthy person. The physician who
legal rights first formulated by "Manu," but restores the health of the person will indeed
also added a number of economic rights. He gift him with the values of life. Four are the
categorically ordained that the King should gifts praised in the society providing defense
also provide the orphan, the aged, the infirm, for the weak and helpless, feeding the hungry,
the afflicted and the helpless with teaching those who want to learn, and
maintenance. He shall provide subsistence to treating the sick; and the best among them is
the helpless, the expectant mothers and the providing health to the sick. The Smriti texts
children they give birth to. are found to regard the physician in an
exceptional light and the usual disabilities
In the Post-Vedic period, the rise of Buddhism
and restrictions of caste, status and so on, do
and Jainism were certainly a reaction against
not apply to the physician, because what he
the deterioration of the moral order as
does no one else in the society can do.
against the rights of the privileged class. Life
was more human and liberal in the Post- Conclusion
Vedic era. After Buddha, Emperor Ashoka The concept, theories and the evidences show
protected and secured the most precious of that the ancient Indians were aware with the
human rights, particularly the right to concepts and contents of human rights. They
equality, fraternity, liberty and happiness. have made a relation in these rights and
Ashoka successfully established a welfare duties. From above discussion it is clear that
State and made provisions for securing basic Rights are proportionally related to duties.
freedoms. Ashoka, the champion of civil Rights and duties were incorporated in
liberties, allowed even the forest folk in his ancient Indian culture and society through
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customs and rituals. Dharma was another Law Lectures (New Delhi: Eastern Law
aspect by which rights and duties were House, 1999) 115.
determined for the king as well as for public. 7. P.B. Mukherji, The Hindu Judicial System -
Rights and duties were incorporated in the The Cultural Heritage of India, Vol.II, 434-
ancient Indian education systems in 435. Cited by V.R. Krishna Iyer, The
gurukulas and asharamas. Motives of the Dialectics and Dynamics of Human Rights
ancient Indian education system were to in lndia - ''Yesterday, Today and Tomorrow,
provide moral education to students so that Tagore Law lectures (Calcutta: Eastern Law
House. 1999) 115.
they would become responsible citizen of the
countries or states. By the process the 8. P.B. Gajendra Gadkar, The Historical
violation of the human rights was reduced to Background and Theoretic Basis of Hindu
very lesser extent. Law - The Cultural Heritage of India. Vol.ll
(Bombay: Asia Publishing House, 1965)
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6. V.R. Krisha Iyer, The Dialectics and

Dynamics of Human Rights in India:
Yesterday, Today and Tomorrow, Tagore

Happiness is not a destination. It is a method of life.

~ Burton Hills
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