India and Human Rights

1. India and Human Rights Prof T.S.N.Sastry Head Dept of Law University of Pune

2. Introduction • The concept of J Human Rights is not entirely Western in origin nor is it so very modern. It is crystallization of values, and cultures that are the common heritage of mankind. • AS rightly said by Prof Upendra Baxi, these rights are not a gift of the West to the Rest and are not the sole propriety of congregation or a community

3. India being a Dharmic land, human rights are part of its culture and developed on the philosophy of Dharma from ancient times. • The vedic texts such as the Vedas, Vedangas, Srutis, Smritis, Dharmasastras, and Nitisastras of Many, Yajnavalkya, Narada, Sukra and Vidhura, Purans, Ithihasas, the Arthasastra of Kautilya and various othr texts extensively described the rights and duties to be followed both by the “ruler” and the “ruled” through the concept of Dharma for the well being of the society

4. Rig Veda referred to three civil liberties of Tana (body), Skridhi (Dwelling House) and Jibasi (life) • Kautilaya said “whatever law there is and whatever is dictated by ethics and not opposed to politics” • Kautilaya added a number of economic rights to what Manu has not conceived • “the kind shall provide the orphan, the aged, the infirm, the afflicted and helpless maintenance; he shall also provide subsistence to the helpless expectant mothers and also to the children they give birth to”

5. The ancient perspectives od “Sarvesham mangalam bahavatu, sarve bhavantu sukhina” welfare and happiness of all and “vasudhaiva kutumbakam” the whole world being one family and the Concept of Rama Rajya clearly depicts the significance shown by India from very early ages about the significance of discharge of duties which ultimately protect the rights of the individual, and others in the society.

6. The ancient Indian philosophy has a wider reach to the western concept of natural rights or Rights of Men. Conceptually the moral values of Dharma (righteousness) artha(wealth), Kama(desire) and moksha (salvation) were designed to create harmonious socia order by striking balance between inner and outer as well as spiritual and material aspects of life.

7. The Gita And Human Rights • The ancient text clearly prescribed the duty concept that need to be discharged both by the ruler and the ruled. It ultimately says that human beings are controlled by the concept of righteousness which is the essence of not only the life of the individual but also the Dharma sutra of the society. It has advocated two paths . They are Karma Yoga or Jnana Yoga. In either of the Ways it specified seven steps which only help to reach salvation

8. The Seven Steps are • Total Renunciation of Prohibited Acts: adultery lying, violence etc. • Renunciation of Actions Motivated by Desire: Not discharging duties such as sacrifices, charity, and not to create pain to others by one’s acts • Complete Renunciation of Thirst for Wordly objects Giving up thirst for one’s Honour, fame social egos etc

9. Renunciation of the Practice of Taking Service from others with a Selfish motive • Absolute Renunciation of Sloth and the Desire for Fruit in Respect of All in One’s Duties: care of parents and elders living on one’s own earnings • Total Renunciation of the Sense of Meum and Attachment with Regard to All Worldly objects and activities Perish all worldly things which deviate from the path of Dharma

10. Complete Renunciation of Latent Desire and Self Identification with regard to the World, one’s own body and all actions: Concentrate in God and help others who are in need. • The Gita clearly depicts the ways and means how one has to be duty minded and need discharge them without any deviation and with sincerity.

11. Medieval India • Though there were upheavals due to frequent wars and muslim rules though considered as counter productive to the basic principles of human rights, rules like Akbar has adopted the principles of Dharma, rule of law to a great extent. Even a king like Aurangazeb advocated the philosophy of self sufficiency and Corruption in judiciary was made an offence for the first time to see that the rights of the aggrieved party to be protected.

12. This was the period which laid foundations for the reform of various areas by saints and social reformers like Sankara, Ramanuja, Madhava, Tulsidas, Kabir, Nanak,, Swami Ram Krisha, Swami Dayananda Sarswati, Raja Ram Mohan Rai, and many others who developed their philosophy on the natural law concepts . • The Sufi cult advocated for the secularist values and perspectives

13. Modern India • The birth of Congress lead for the restoration of civil rights moment in India. The Indian Bill of 1895 also demanded the inclusion of human rights . • GandhiJi’s Non Violence concept is itself a big asset for the up-liftment of human rights of deprived classes; and peasant movement , racism etc.

14. Constitution • The Constitution from its preamble made it clear for the progressive development of the rights of men of the state with out any discrimination Apart from the preamble the Fundamental Rights, Directive Principles and other aspects clearly advocate for the rights of the individuals with any deviation. The judiciary which refused to recognise the supremacy of human rights in the ADM Jabpulr’s case during Emergency realized the significance of it since Mankea Gandhi’s Case in 1978 onwords.

15. Today India has a number of laws on the Protection of Human Rights. It has constituted a National Human Rights Commission, Women’s Commission, Minorities Commission, and various other commissions to protect the Vulnerable Groups of people across the country. • What has been said and advocated in the ancient India has been reiterated by the modern concepts. The Indian judiciary through its trio of Judges, P.N. Bhagwathi, Krishna IYer and Chinnappa Reddy brought back Dharma concept by interpreting the constitution to fulfill the aspirations of Millions of the Citizenary

16. Thanks to the judiciary to day a plethora of rights such as right to Privacy; right to travel abroad’; right to livelihood; right to shelter; right to live in; pollution free environment; right to medical care; right to education; right to live with human dignity; right to speedy trial; right to free legal aid; right against inhuman ,cruel and degrading treatment; right against handcuffing, bar-fetter, right to compensation; right against Act of State

17. Right to fair hearing; right to information; right to cultural life; right to care in the old age; right to social security etc have been recognised as part and aprcel of the Main Right Life and Liberty where in the Judiciary interpreted the Non-justiciable rights through the Justiciable rights though they are not enforceable in a court of law.