The Indian Constitution stands as the foundation of the world’s largest democracy, laying down the fundamental framework that governs the nation. Among its components are the crucial Fundamental Rights, which has been described as the “ Heart & Soul” of the Constitution by Dr.BR Ambedkar. These rights guarantee essential freedoms and legal protections to all citizens. These rights are not only legal privileges, but they represent the moral and ethical foundations upon which the Indian Society was built. The paper will explore the socio legal dimensions of these rights, by analysing how they can be understood in the context of Dharma, as mentioned in the epic, Mahabharata.[1]
The Mahabharata is not only a story of dynastic struggle but also a profound testimony on Dharma, which encompasses duty, righteousness and moral order. The epic shows characters often grappling with choices that put personal interests against societal duties. It also provides some valuable insights on the understanding of justice, morality, and the nature of rights and responsibilities. Through this paper, we can understand the true meaning of Dharma and how it can influence modern interpretations of truth and righteousness in the modern Indian Judiciary.
Historical background
The incorporation of Fundamental Rights into the Indian Constitution is rooted in the country’s struggle for independence and the global human rights movements of the 20th century. The framers of the Constitution were deeply influenced by the Western Political Thought , Constitutions of various countries and sought to enshrine similar protections in the Indian context. The Fundamental Rights are designed to protect individuals from the arbitrary actions of the state and ensure equality, freedom, and justice for all citizens.
The demand for rights was a significant aspect of the Indian freedom struggle, with leaders like Mahatma Gandhi and Jawaharlal Nehru emphasizing the need for legal protections against colonial oppression. The Constituent Assembly, which drafted the Constitution, recognized the importance of these rights in building a just and equitable society. Thus, the Fundamental Rights were incorporated as a means to secure the dignity of individuals and to ensure that the state’s power is exercised in a manner consistent with the principles of justice.
Categories of fundamental rights
The Indian Constitution categorizes Fundamental Rights into several distinct groups, each addressing different aspects of human dignity and liberty.
Right to equality (articles 14-18)
This guarantees equality before the law and equal protection of the laws. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth and abolishes untouchability and titles. Article 14 embodies the general principle of equality, while Articles 15 and 16 provide specific applications of this principle, including the right to non-discrimination and equality of opportunity in public employment. Article 17 talks about the abolition of untouchability and Article 18 abolishes titles.
Right to freedom (articles 19-22)
These rights include the freedom of speech and expression, the right to assemble peacefully, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to reside and settle in any part of the country. They also include the right to practice any profession or to carry on any occupation, trade, or business. Articles 20-22 provide protections in respect of conviction for offenses, protection of life and personal liberty, and protection against arrest and detention in certain cases.
Right against exploitation (articles 23-24)
These provisions prohibit human trafficking, forced labour, and child labour. Article 23 explicitly forbids trafficking in human beings and forced labour, while Article 24 prohibits the employment of children below the age of 14 in hazardous jobs.
Right to freedom of religion (articles 25-28)
These articles guarantee freedom of conscience and the right to freely profess, practice, and propagate religion. They also provide for the freedom to manage religious affairs, and the right to establish and maintain institutions for religious and charitable purposes. Additionally, Article 28 prohibits religious instruction in educational institutions wholly maintained by the state.
Cultural and educational rights (articles 29-30)
These rights protect the interests of minorities by ensuring their right to conserve their culture, language, and script. Article 29 guarantees the right of any section of the citizens residing in any part of India to conserve its distinct language, script, or culture. Article 30 provides minorities the right to establish and administer educational institutions of their choice.
Right to constitutional remedies (article 32)
This is often regarded as the heart and soul of the Constitution, as it empowers individuals to approach the Supreme Court or High Courts to seek enforcement of their Fundamental Rights. Dr. B.R. Ambedkar described Article 32 as the most important article because it provides the machinery to protect the rights guaranteed in Part III of the Constitution, where a writ petition can be filed in the Supreme Court if any of your rights have been violated.[2]
Judicial interpretation and enforcement
The judiciary plays a pivotal role in interpreting and enforcing Fundamental Rights. Over the years, the Indian courts have developed a rich jurisprudence on these rights, expanding their scope and applicability through various landmark judgments.
For instance, in Kesavananda Bharati v. State of Kerala (1973)[3], the Supreme Court laid down the “basic structure doctrine,” asserting that certain basic features of the Constitution, including Fundamental Rights, cannot be altered by any amendment. Similarly, in Maneka Gandhi v. Union of India (1978)[4], the Court expanded the interpretation of the Right to Life and Personal Liberty under Article 21, establishing that the procedure must be “fair, just, and reasonable.”
The concept of “reasonable restrictions” is also a significant aspect of the judicial interpretation of Fundamental Rights. While these rights are not absolute, the Constitution permits the imposition of reasonable restrictions in the interest of sovereignty, integrity, public order, morality, and other specified grounds. The judiciary has the responsibility to ensure that such restrictions are not arbitrary and that they meet the test of reasonableness.
Dharma in the Mahabharata: a philosophical context
Dharma, as depicted in the Mahabharata, is one of the most important principles. It encompasses ideas of duty, righteousness, law, and moral order. The Mahabharata presents Dharma as a guiding principle that governs both individual conduct and societal norms. Unlike modern legal systems, which are based on codified laws, Dharma is dynamic and appropriate, varying according to time, place, and circumstances.
The Mahabharata illustrates Dharma through the actions and decisions of its characters, who are often faced with moral dilemmas that require them to choose between conflicting duties. For example, Yudhishthira, the eldest of the Pandavas, is frequently portrayed as an epitome of Dharma, yet he faces numerous situations where adhering to Dharma results in personal loss and suffering.
Dharma and justice
The concept of Dharma in the Mahabharata is closely related to justice. Justice is not merely about legal rights or punishments but about maintaining the moral order and ensuring the well-being of society. The epic emphasizes that true Dharma leads to the welfare of all beings and that justice must be strengthened with compassion and understanding.
One of the most touching examples of the intersection between Dharma and justice is the dilemma faced by Arjuna on the battlefield of Kurukshetra. In the Bhagavad Gita, a part of the Mahabharata, Arjuna is conflicted about fighting in a war that would lead to the death of his relatives and teachers. Lord Krishna, his charioteer and guide, explains that it is Arjuna’s duty (Dharma) as a warrior (Kshatriya) to fight for righteousness and that upholding Dharma sometimes requires difficult and painful decisions.
Dharma vs. Legal rights
While Dharma and legal rights share some similarities, they also differ in significant ways. Legal rights, as enshrined in the Constitution, are codified and enforceable by law. They provide individuals with specific protections and entitlements. Dharma, on the other hand, is a broader concept that encompasses not only rights but also duties and responsibilities.
In the Mahabharata, the emphasis is often on fulfilling one’s duties rather than claiming one’s rights. For example, Karna, despite being wronged on several occasions, chooses to obey to his duty as a friend to Duryodhana, even though it leads to his downfall. This highlights the difference between the legalistic approach of claiming rights and the Dharmic approach of fulfilling duties.[5]
Fundamental rights through the lens of dharma: a comparative analysis
Right to equality and dharma
The Right to Equality, as guaranteed by the Indian Constitution, seeks to ensure that all individuals are treated equally before the law. This principle relates with the concept of Dharma in the Mahabharata, where justice and fairness are supreme. However, the Mahabharata also acknowledges the intricacies of applying equality in a hierarchical society.
As the Bhagavad Gita states, “To protect the righteous, to annihilate the wicked, and to reestablish the principles of Dharma, I manifest myself, millennium after millennium” (Bhagavad Gita 4.8)[6]. This verse underscores the divine duty of upholding Dharma, which aligns with the constitutional commitment to justice and equality. Just as Dharma seeks to restore balance and fairness, the Right to Equality ensures that every individual, irrespective of their background, is treated with fairness and justice under the law .
For instance, the epic illustrates that while all beings deserve equal respect, the duties and responsibilities assigned to them may differ based on their roles in society. The caste system, as depicted in the Mahabharata, reflects this differentiation, but it also highlights the importance of each individual’s contribution to the overall order of society. This can be compared to the principle of “equal protection of laws” under Article 14 of the Constitution, which allows for reasonable classification while ensuring that equals are treated equally.
Right to freedom and dharma
The Right to Freedom, particularly the freedom of speech and expression, is a cornerstone of democratic societies. In the Mahabharata, freedom is often portrayed through the autonomy of individuals to make choices in accordance with their Dharma. However, this freedom is not absolute; it is bounded by the moral and ethical considerations of Dharma.
This is reflected in the Bhagavad Gita, where Krishna advises Arjuna to “Treat alike happiness and distress, gain and loss, victory and defeat, engage in battle for the sake of duty; thus, you will not incur sin” (Bhagavad Gita 2.38)[7]. This guidance emphasizes that the exercise of freedom must be aligned with one’s duty (Dharma), a principle mirrored in the Constitution’s provision that freedom is subject to reasonable restrictions in the interest of public order, morality, and the rights of others.
For example, the character of Draupadi exercises her freedom to question the Kauravas during the disrobing incident, but her actions are guided by her sense of righteousness and justice. Similarly, the freedom to act in the Mahabharata is always accompanied by the responsibility to consider the consequences of one’s actions on others. This reflects the constitutional provision that freedom is subject to reasonable restrictions in the interest of public order, morality, and the rights of others.
Right against exploitation and dharma
The Right against Exploitation in the Constitution seeks to prevent human trafficking, forced labour, and child labour. In the Mahabharata, exploitation is condemned, and the protection of the vulnerable is seen as a Dharmic duty. The epic portrays several instances where exploitation is challenged, and justice is sought for the oppressed.
The Bhagavad Gita also condemns actions that lack moral grounding, stating, “A sacrifice performed without faith, contrary to the injunctions of the scriptures, without distribution of food, without mantras, and without charity, is said to be in the mode of ignorance” (Bhagavad Gita 17.13)[8]. This highlights that actions devoid of righteousness (Dharma), such as exploitation, are considered ignorant and thus condemned, much like the constitutional stance against exploitation.
For instance, the story of Ekalavya, who is denied the right to education because of his low birth, highlights the injustice of exploitation based on social hierarchies. While the Mahabharata reflects the social realities of its time, it also advocates for the protection and upliftment of those who are exploited or marginalized. This aligns with the constitutional mandate to protect individuals from exploitation and to promote social justice.
Right to freedom of religion and dharma
The Right to Freedom of Religion in the Indian Constitution ensures that individuals can freely profess, practice, and propagate their religion. The Mahabharata, while rooted in the Vedic tradition, acknowledges the diversity of religious and philosophical beliefs. The epic portrays a pluralistic society where different paths to truth and righteousness are recognized and respected.
The Bhagavad Gita reflects this pluralism, recognizing the importance of faith in the pursuit of knowledge and peace: “A person full of faith, who is dedicated to the pursuit of knowledge, and who has controlled his senses, attains knowledge; and having attained knowledge, he quickly achieves supreme peace” (Bhagavad Gita 4.39)[9]. This aligns with the constitutional protection of religious freedom, which upholds an individual’s right to follow their conscience and beliefs without state interference[10].
For example, the Mahabharata includes discussions on various schools of thought, such as Sankhya and Yoga, and respects the different approaches to spirituality. This pluralism is reflected in the constitutional protection of religious freedom, which upholds the individual’s right to follow their conscience and beliefs without state interference.
Cultural and educational rights and dharma
The Cultural and Educational Rights in the Constitution aim to protect the cultural identity and educational rights of minorities. The Mahabharata, while emphasizing the importance of Vedic knowledge, also recognizes the value of diverse cultural practices and traditions.
The epic underscores the significance of preserving and transmitting knowledge across generations, a principle that is central to the constitutional protection of educational rights. The story of the Guru-Shishya (teacher-student) relationship in the Mahabharata highlights the importance of education in shaping one’s character and understanding of Dharma. This resonates with the constitutional commitment to ensuring that minorities have the right to establish and administer educational institutions that reflect their cultural heritage.
Socio-legal implications of integrating dharma with fundamental rights
The role of dharma in modern legal systems
Integrating the principles of Dharma with the modern legal framework of Fundamental Rights could provide a more holistic approach to justice. Dharma, with its emphasis on duty, morality, and social responsibility, could complement the rights-based approach of the Constitution by ensuring that legal rights are exercised in a manner that promotes the welfare of all.
However, there are challenges to such integration. The concept of Dharma is inherently flexible and context-dependent, which may conflict with the rigidity and universality of legal norms. Additionally, the interpretation of Dharma is subjective and can vary widely based on cultural and religious perspectives.
Implications for legal interpretation
Viewing Fundamental Rights through the lens of Dharma could influence judicial interpretation by encouraging judges to consider the broader ethical and moral implications of their decisions. This could lead to a more nuanced application of the law, where justice is not only about the strict application of legal rules but also about achieving a just and equitable outcome in line with Dharmic principles.
Challenges and criticisms
One of the primary challenges in integrating Dharma with Fundamental Rights is the potential for subjectivity and arbitrariness in legal interpretation. While Dharma offers a rich ethical framework, its application in the legal context could lead to inconsistencies and challenges in ensuring uniformity and predictability in the law. Moreover, there could be criticisms that such an approach may blur the line between law and morality, leading to a situation where legal decisions are influenced by personal or cultural biases.[11]
Conclusion
In this research paper, we have explored the socio-legal dimensions of Fundamental Rights in the Indian Constitution through the lens of Dharma as portrayed in the Mahabharata. The comparative analysis has revealed that while there are significant overlaps between the ethical principles of Dharma and the legal rights enshrined in the Constitution, there are also important differences in their scope and application.
The integration of Dharmic principles into the modern legal framework offers both opportunities and challenges. On one hand, it could lead to a more holistic approach to justice that considers the moral and ethical dimensions of legal rights. On the other hand, it raises concerns about the subjectivity and variability of such an approach.
The Bhagavad Gita advises, “You have the right to perform your prescribed duties, but you are not entitled to the fruits of your actions” (Bhagavad Gita 2.47)[12]. This principle serves as a reminder that the focus should be on fulfilling one’s duties (Dharma) without attachment to specific outcomes, a notion that parallels the idea that the legal system should ensure the fulfilment of duties and the upholding of rights in a just manner.
In conclusion, while the Mahabharata provides valuable insights into the nature of justice and righteousness, any attempt to integrate Dharma with the legal framework of Fundamental Rights must be approached with caution. It is essential to ensure that such integration enhances rather than undermines the principles of justice, equality, and freedom that are the cornerstone of the Indian Constitution.
[1] Austin, Granville. The Indian Constitution: Cornerstone of a Nation. Oxford University Press, 1999.
[2] Basu, Durga Das. Introduction to the Constitution of India. LexisNexis, 2013.
[3] AIR 1973 SC 1461
[4] AIR 1978 SC 597
[5] Sharma, Arvind. The Mahabharata: A Philosophical Inquiry. Columbia University Press, 2001.
[6] Sanskrit Shloka
[7] Sanskrit Shloka
[8] Sanskrit Shloka
[9] Sanskrit Shloka
[10] Bhargava, Rajeev. The Promise of India’s Secular Democracy. Oxford University Press, 2010.
[11] Pathak, Avijit. Indian Modernity: Contradictions, Paradoxes, and Possibilities. Gyan Publishing House, 2005.
[12] Sanskrit Shloka
Author: Anirudh VG, a 2nd Year BA LLB student at MIT WPU, Pune.
