Justice Biplab Kumar Sharma
(Former Judge, Gauhati High Court)
Vedic provisions forcefully declare equality among human beings. The Atharva Veda impresses that just as no spoke of a wheel is superior to the other, no individual can claim to be, or be regarded as, superior to others. The charter of equality (Samanata) is found incorporated in the Rigveda, the most ancient of the Vedas, and also in the Atharvaveda. No one is superior (ajyestasaha) or inferior (akanishtasaha). All are brothers (bhrataraha). All should strive for the interest of all and should progress collectively (Sowbhagaya Sam Va Vridhuha) (Rigveda). All have equal rights to articles, food, and water.
Article 1 of the Universal Declaration of Human Rights, declared on 10th December, 1948, by the United Nations, says, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”
A comparison of this verse with the verses in the Rigveda mentioned above would show that both are substantially similar. The doctrine of equality is laid down by Manu Smriti in the chapter of Rajadharma, in accordance with the Charter of Equality in the Vedas. The verse says, “The king (ruler) should support all his subjects without any discrimination, in the same manner as the earth supports all living beings.” (Verse - IX-311)
The central theme of human rights is the dignity of the individual, liberty, and equality of status. To make them meaningful, the right to education, health, shelter, and a congenial environment without discrimination are the basics for unity and fraternity among the people. Civil and political rights and social, economic, and cultural rights have been elaborated to feed and give content to human rights.
The conception of human rights is of central importance in the development of modern democracy under rule of law. Humane governance of civil society could be the reality only when Dharma, rich in its content, is applied justly. The integration of human rights, social justice, equality, and gender justice is necessary for social integration in an inclusive democracy so that the full potential of all individuals is realized and excellence is constantly improved individually and collectively, which is a fundamental duty that benefits the nation. Equality and humane treatment of all sections of the population are essential components of justice. Human development, together with ensuring enjoyment of human rights, would be the surest way to build a cohesive society and integrated Bharat.
The Constitution of India, in its Preamble, laid a pragmatic panorama of constitutional philosophy to usher in the egalitarian social order under rule of law. The state has been invested with the power and duty to bring about a united and integrated Bharat through human rights as instrumentalities to achieve the utopian goal of social, economic, and political justice and equality of opportunity, status, and dignity to all people.
Law is social engineering to help citizens. Unless citizens improve their thinking processes, embrace the spirit of human rights, and cultivate a culture of human rights—while setting aside caste, communal, regional, linguistic, or religious bitterness—unity will remain a mere platitude. Distributive justice must be a part of inclusive democracy for humane governance.
The rule of law has been chosen as an instrument for social adjustment in the event of a clash of interest. Law should not only reflect social and religious resilience but also has to provide a lead by holding forth the norms for continuity for its orderly march towards an ideal egalitarian social order envisioned in the Preamble of the Constitution. [Refer to S.R. Bommai reported in (AIR 1994 SC 1918)]
The foundation of Indian political and social democracy, as envisaged in the Preamble of the Constitution, rests on justice, equality, liberty, and fraternity in a secular and socialist republic in which every individual has equal opportunity to strive towards excellence and dignity of person in an integrated egalitarian Bharat. The right to justice and equality and stated liberties, which include freedom of expression, belief, and movement, are the means for excellence. The right to life with human dignity of person is a fundamental right of every citizen for the pursuit of happiness and excellence. Personal freedom is a basic condition for the full development of human personality.
As observed by the Supreme Court in the Kartar Singh case reported in (1994) 3 SCC 569, freedom cannot last long unless it is coupled with order. It is essential that freedom should be exercised under authority and order should be enforced by authority, which is vested solely in the executive. Fundamental rights are the means, and the directive principles are essential ends in a welfare state. The evolution of the state from a police state to a welfare state is the ultimate measure and accepted standard of democratic society, which is an avowed constitutional mandate.
Though one of the main functions of the democratic government is to safeguard the liberty of the individual, unless its exercise is subject to social control, it becomes antisocial or undermines the security of the state. The Indian democracy, wedded to the rule of law, aims not only to protect the fundamental rights of its citizens but also to establish an egalitarian social order. The individual has to grow within the social confines preventing his unsocial or unbridled growth, which could be done by reconciling individual liberty with social control.
Liberty must be controlled in the interest of society, but the social interest must never be overbearing enough to justify total deprivation of individual liberty. Liberty cannot stand alone but must be paired with a companion virtue: liberty and morality, liberty and law, liberty and justice, liberty and common good, and liberty and responsibility, which are concomitants for orderly progress and social stability. As a rational individual, a person must live in harmony with the equal rights of others while also navigating the pursuit of conflicting desires.
The intertwined network is difficult to delineate within the defined spheres of conduct within which freedom of action may be confined. Therefore, liberty should not be viewed as an absolute license; instead, it must operate within the confines of the law. In other words, there can be no liberty without social restraint. Liberty, therefore, as a social conception, is a right to be assured to all members of a society. Restraint must be enforced and accepted by all members of society; otherwise, the liberty of some will lead to the oppression of others. Therefore, the liberty of each citizen must be subordinated to the liberty of the greatest number; in other words, the common happiness serves as the ultimate goal of society, to prevent lawlessness and anarchy from disrupting social welfare and harmony, while also guarding against powerful forces that could undermine social order. Thus, the essence of civil liberty is to keep alive the freedom of the individual subject to the limitation of social control, which could be adjusted according to the needs of the dynamic social evolution.