When we think about human rights today, we imagine legal claims and individual entitlements protected by law. But what if there was an entirely different way to understand rights-one that emerged not from demanding what we deserve, but from fulfilling what we owe? This is the foundation of Hinduism’s approach to human rights, centered around the concept of dharma.

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What is dharma?

Dharma is one of the most complex and multifaceted concepts in Hindu philosophy. Derived from the Sanskrit root “dhr” meaning “to hold” or “to support”, dharma refers to the cosmic order that sustains the universe and the moral duties that maintain social harmony. Unlike the modern Western concept of rights, which emphasizes what individuals can claim from society, dharma focuses on what individuals owe to others and to the cosmic order.

In the Brihadaranyaka Upanishad, dharma is described as the highest principle: “Nothing is higher than Dharma. The weak overcomes the stronger by Dharma, as over a king. Truly that Dharma is the Truth; Therefore, when a man speaks the Truth, they say, ‘He speaks the Dharma.’”

This ancient text reveals that dharma encompasses duties, rights, laws, conduct, virtues, and the “right way of living.” It represents both the universal principles that govern the cosmos and the specific moral obligations that guide individual behavior.

Dharma versus modern rights: a fundamental difference

The contrast between dharma and modern human rights frameworks is striking. Modern human rights discourse prioritizes individual entitlements-what a person can claim as their own. The Universal Declaration of Human Rights, for instance, lists freedoms and protections that every person inherently possesses.

Dharma reverses this logic. In Hindu philosophy, obligations come first, not rights. When everyone fulfills their dharmic duties, everyone’s rights are automatically protected through the fulfillment of others’ responsibilities. A person does not assert rights but performs duties, creating a system where collective welfare emerges from individual moral action.

The Sanskrit term adhikara

While Hinduism has no exact equivalent to the English word “rights,” it does have the Sanskrit term “adhikara”, which refers to “fair claims” or legitimate entitlements. However, even adhikara is primarily linked to duties-one has adhikara to perform certain actions based on one’s position and qualifications, not simply because of one’s status as a human being.

Dharma in Hindu sacred texts

The evolution of dharma as a concept can be traced through Hindu scripture, from the earliest Vedas to the later Dharmasastras.

The Vedas and cosmic order

In the Rigveda, dharma initially referred to cosmic law and the rituals that maintain universal order. It was closely linked to “rita,” the principle of cosmic order that regulates the operation of the universe. The Vedic hymns describe how deities use dharma to hold the earth, sun, and stars in their proper places, creating stability from chaos.

Over time, dharma’s meaning expanded beyond cosmic order to include ethical and social dimensions. It came to represent the principles that prevent chaos not just in nature, but in society and individual lives.

The Upanishads and inherent dignity

The Upanishads deepened the philosophical foundations of dharma by exploring the nature of the self and reality. The famous dictum “Tat Tvam Asi” (That Thou Art) recognizes the divine essence within all beings, establishing a metaphysical basis for equality and dignity. This recognition that all beings share the same ultimate reality creates an implicit foundation for respecting others’ inherent worth-a concept closely related to modern notions of human dignity.

The epics: Ramayana and Mahabharata

The great Hindu epics illustrate dharma through complex moral dilemmas. In the Ramayana, King Dasharatha upholds his dharma by honoring a promise, even though it brings immense personal suffering through his son Rama’s exile. The Mahabharata presents moral problems where characters must choose between competing dharmic obligations-duty to family versus duty to truth, personal loyalty versus social justice.

These stories demonstrate that adherence to dharma creates a just society where people’s welfare is protected not through asserting rights but through virtuous conduct and fulfilling responsibilities.

The Dharmasastras and codified duties

Texts like Manusmriti attempted to systematize dharma by codifying specific duties for different social groups and life stages. While controversial for their hierarchical elements, these texts aimed to create social order where harmony was maintained through mutual obligation rather than individual rights claims.

Varnashramadharma: the social framework of duty

One of the most distinctive features of dharma in practice is varnashramadharma-the system that defines duties based on both social function (varna) and life stage (ashrama).

The four varnas

According to Hindu texts, the varna system originally classified society into four functional groups based on aptitude and occupation:

Brahmins: The priestly and scholarly class responsible for preserving knowledge, teaching, performing rituals, and upholding ethical standards.

Kshatriyas: Warriors and rulers tasked with protection, governance, administration of justice, and defending society.

Vaishyas: Merchants, traders, and agriculturalists engaged in economic production, animal husbandry, and commerce.

Shudras: Laborers and artisans whose primary duty was service to the other three classes.

Each varna had specific dharmas-duties and responsibilities that contributed to the overall functioning of society. The Purusha Sukta in the Rigveda describes these divisions as parts of a cosmic body, emphasizing their interdependence rather than hierarchy in original conception.

The four ashramas

Beyond social roles, Hindu tradition recognizes four stages of life, each with its own dharmic obligations:

Brahmacharya: The student stage focused on learning, discipline, and character development under a teacher’s guidance.

Grihastha: The householder stage involving marriage, family responsibilities, wealth creation, and social duties.

Vanaprastha: The retirement stage where one gradually withdraws from worldly affairs to focus on spiritual pursuits.

Sannyasa: The renunciation stage devoted entirely to spiritual liberation and service.

These life stages recognize that dharma is not static but evolves with age and circumstances. What is appropriate duty for a young student differs from what is expected of a retired person seeking spiritual growth.

How dharma protects rights indirectly

The genius of the dharmic system lies in how rights are protected without being explicitly claimed. When a kshatriya ruler fulfills his dharma of protecting citizens and administering justice, the people’s right to safety and fair treatment is secured. When a brahmin performs his dharma of preserving and teaching knowledge, society’s right to education is fulfilled. When householders perform their dharma of hospitality and charity, the right of the poor to receive assistance is met.

This creates what might be called a “duty-based rights system.” Everyone has obligations toward others based on their position and stage in life. When these obligations are fulfilled, everyone’s fundamental needs and dignity are protected through the reciprocal duties others owe them.

Dharma in contemporary context

Understanding dharma’s relevance today requires acknowledging both its philosophical insights and its historical limitations. The varna system, while originally conceived as functional divisions, evolved into the rigid caste system that has caused significant social harm and inequality in India. Modern human rights frameworks developed partly in response to such injustices.

However, the core principle of dharma-that emphasizing duties alongside rights creates social responsibility-remains valuable. Hindu philosophy suggests that a culture focused solely on claiming rights without corresponding responsibilities can lead to social fragmentation and moral decline.

Contemporary Indian law attempts to balance both approaches, incorporating modern human rights protections while acknowledging the cultural importance of duty and social obligation in Indian society.

What do you think? Can modern societies benefit from incorporating dharma’s emphasis on duties alongside rights? How might focusing on our responsibilities to others change how we approach social problems today?

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References
  1. https://en.wikipedia.org/wiki/Dharma
  2. https://scholarlycommons.law.cwsl.edu/cgi/viewcontent.cgi?article=1222&context=cwilj
  3. https://iskconeducationalservices.org/HoH/practice/dharma/
  4. https://www.drishtikone.com/content/files/2023/10/Decoding-the-elements-of-human-rights-from-the-verses-of-Ancient-Vedic-Literature-and-the-Dharmasastras.pdf
  5. https://en.wikipedia.org/wiki/Varna_(Hinduism)
  6. https://iskconeducationalservices.org/HoH/concepts/key-concepts/varnashrama-dharma/
  7. https://www.lawctopus.com/academike/emergence-of-varnashrama-dharma-in-the-history-of-ancient-india/
  8. https://www.hinduwebsite.com/hinduism/concepts/ashramas.asp
  9. https://factsanddetails.com/world/cat55/sub388/entry-5630.html

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Human Rights in India

1 Human Rights – Historical Traditions

  1. Ancient Indian Traditions
  2. Hinduism: Rights as Dharma
  3. Buddhism
  4. The Idea of Human Rights in Medieval India
  5. Gandhian Concept of Rights
  6. Environmentalist Traditions

2 Freedom Struggle and Civil Liberties Movement

  1. Liberty of the Press
  2. Struggle for Civil Liberties
  3. National Movement and Human Rights
  4. Indian Civil Liberties Union

3 Constitutional Vision – Fundamental Rights and Directive Principle

  1. Constituent Assembly and Rights
  2. Important Characteristics
  3. Scope of the Fundamental Rights
  4. Directive Principles of State Policy
  5. Fundamental Duties

4 Indian’s International Human Rights Obligations

  1. Nature of International Human Rights Obligations
  2. Domestic Status of International Human Rights Treaties
  3. India and the ICCPR
  4. India and the ICESCR
  5. India and the CEDAW
  6. Judiciary and International Human Rights Obligations

5 Rights of Women

  1. Kinds of Women’s Rights
  2. Rights of Women
  3. Monitoring of Rights of Women
  4. Different Forms of Violation of Rights of Women

6 Rights of Children

  1. Rights of Children: Different Dimensions
  2. Different Forms of Violation of Child’s Rights
  3. Rights of Children
  4. Implementation of Rights of Children
  5. Creating Awareness

7 Rights of Dalits and Tribes

  1. Problem of Untouchability and Social Exclusion
  2. Dalit Rights in the Indian Constitution
  3. Untouchability Abolition Laws
  4. Violations of Dalit Rights
  5. Rights of the Scheduled Tribes in the Constitution
  6. Violations of the Rights of Tribal People

8 Rights of Minorities in India

  1. Enabling Rights of Citizenship and Protection of Minorities
  2. Cultural Autonomy and Protection of Minorities
  3. Personal Laws and Cultural Rights of Minorities
  4. Freedom of Religion and the Protection of Religious Minorities
  5. Language Pluralism and the Protection of Linguistic Minorities
  6. Constitutional Instruments for the Protection of Minority Rights
  7. Affirmative Measures and the Protection of Minorities
  8. Problems Faced by the Minorities

9 Rights of Old and Disabled

  1. Disability: Definition and Causes
  2. Approaches to Disability
  3. Laws and Provisions dealing with Disability
  4. Disability Laws
  5. Role of NGOs and Civil Society
  6. The Elderly People
  7. Rights of the Elderly
  8. Government’s Initiatives
  9. Old Age Pension Benefits and other Privileges

10 Human Rights Enforcement- Role of Judiciary

  1. Limitations on State Power
  2. Doctrine of Judicial Review
  3. Writ Jurisdiction and Enforcement of Rights
  4. Theory of Emanation
  5. Public Interest Litigation
  6. Judicial Activism

11 Human Rights Commission- National, State and other Commissions

  1. The National Human Rights Commission (NHRC)
  2. Functions of the Commission
  3. Powers of the Commission
  4. State Human Rights Commissions
  5. Human Rights Courts
  6. Role of Human Rights Commission

12 Human Rights Movement

  1. The Human Rights Movement in Pre-independent India
  2. The Human Rights Movement in the 1960s
  3. The Emergency Phase and the 1980s
  4. Liberalization and the Human Rights Movement
  5. Concerns and Strategies of the Contemporary Human Rights Movement
  6. Challenges Faced by the Human Rights Movement

13 Human Rights- State and Society

  1. Human Rights and State
  2. Terrorism and Human Rights
  3. Caste and Human Rights
  4. Gender Discrimination
  5. Insensitivity towards Children
  6. Development and Human Rights

14 Human Rights- Terrorism and Fundamentalism

  1. Defining Terrorism
  2. Genesis and Growth of Terrorism in India
  3. Effects of Terrorism and Fundamentalism on Human Rights
  4. Response of the State to Growing Terrorism
  5. Response to Criticisms: National Human Rights Commission
  6. Relations between Terrorism and Human Rights

15 Human Rights and Environment

  1. United Nations and the Human Environment
  2. Human Rights and the Environment in the Context of India
  3. The Environmental Laws
  4. Civil Society and Environment
  5. Judiciary and Public Interest Environmental Litigations

16 Emerging Trends- Media, Internet, Globalization

  1. Access to Media Information and Human Rights Protection
  2. The Media as a Tool of Human Rights Abuse
  3. Internet and Human Rights
  4. Globalization and Human Rights
  5. Globalization Trade and Investment

17 Human Rights and Police

  1. Functions of Police
  2. Recording of Complaints (FIR)
  3. Investigation of Cases
  4. Arrest and Detention
  5. Demonstrations and Use of Force

18 Consumer Rights and Protection

  1. Consumer Protection Act (CPA) 1986
  2. Some Definitions and Terms
  3. Rights of Consumers
  4. Grievance Redressal Machinery
  5. Complaints Before the Consumer Courts

19 Accessing Rights of Women

  1. How to Seek Redressal?
  2. Dowry
  3. Personal or Family Laws
  4. Domestic Violence
  5. Sexual Harassment at Work Place
  6. Feticide

20 Accessing Rights of the Child

  1. How to Seek Redressal?
  2. Child Labour
  3. Bonded Labour
  4. Juvenile Justice System
  5. Child Sexual Abuse and Sexual Exploitation

21 Rights of Dalits, Tribals and Unorganized Laborers

  1. Implementation Mechanisms to Enforce the Rights of Dalits
  2. Problems of Dalit Women
  3. Rights of Unorganized Workers
  4. How to File Complaints of Violations with the Police and National Human Rights Bodies