DUTIES AS FOUNDATION OF EGALITARIAN SOCIETY IN INDIA: AN OVERVIEW, By

By : Dr Prem Chandra, Law Teacher, Sardar Patel Subharti Institute of Law & Dr Ashutosh Garg, Advocate on Record, Supreme Court of India.

Abstract:

Human is born free and want to enjoy this freedom to the maximum extent. However, with the changes in living of human being from wandering animal to a societal creature, the conflict of interest has been a natural phenomenon among individuals. To regulate the human desire to act freely and the convenience of other individuals, machinery naming State came into existence in order to recognise the individuality of individual. In circumstances of conflict between individuals, it was inevitable for the State to recognise the basic rights of every human and also at the same time not allowing interference in the freedom of others. The freedom of other altogether is a right. Therefore, how to ensure the right of every one has been the cardinal difficulty of all the States. And for that what should be the point of consideration, has been the issue of focus. Thus different ideas have come in to deal this situation. In some ideas rights have been stressed upon whereas in some have emphasised on the duties. This article is an attempt to see from the point of view of duties.

Key Words: Duties, Rights, Law, Justice, society.

INRODUCTION:

The word duty is derived from the word “due”. It means something which is owed. So, Duty can be understood as an obligation to perform an act or a task. This act or task can be ethical, moral, cultural etc. or otherwise. To understand the concept of duty better, one age old story can safely be narrated. In the story there were two groups of people. Once there was a dispute regarding superiority between them. The criterion was fixed as better performance of the group. Both the groups were given task to eat food with tide arms with a stick in such a way that no member of the group can’t fold his elbow in order to eat. Both the groups were called upon to perform. Members of first group tried to eat themselves, however since the elbow could not be folded, none of the group member could eat and entire food went waste. When the other group was given chance to perform, each member of the group fed the other member of the group and in this process, all were fed properly with entire satisfaction. There was no waste of food also. This story present better cooperation and harmony with maximum utilisation of resources while maintaining decorum and respect of each member of the group. This analogy can be also extended to the rights and duties as well wherein obtaining the food is a right and get fed is a duty. When focus was for the rights, none could get it whereas when the stress was shifted to, all obtained their rights consequently with complete satisfaction.

CONCEPT OF DUTIES IN ANCIENT PERIOD:

The concept of duty has been recognized since time immemorial and can be traced in Indian scriptures as well. Ramayana says: “As Birds are made to Fly and Rivers to Run, So the Soul to Follow Duty.” Broadly, actions of human have been classified into four parts in scriptures namely: Dharma (Righteousness), Artha (Material comfort), Kama (pleasure) & Moksha (Liberation). First three belong to dealing with the worldly affairs, in which Artha and Kama should be in consonance with of Dharma. The word Dharma has been used as synonymous of duty and is made from the root ‘Dhri’ (Dhārane) which means to bare or handle or carry. And dharma is said as ‘Dhriyate iti Dharmah’ i.e. the one which is bared or carried is Dharma. Through Dharm Shastra different duties has been imposed upon different people based upon their peculiarities. Dharma has further been divided into two sub-groups: Samanya Dharma (Actions to be performed generally) and Vishisht Dharma (Actions to be performed in peculiarities of situations). Therefore the suitable freedom has been granted to the individual to perform action as per the generality or peculiarity of the situation. Like Prince Ram went for exile when there preparation of his enthroning were going on the other hand Mahatma Bhishma bind by his own oath didn’t leave side of Duryodhana and his duty as chief commander of the army despite he had love and affection for Pandavas. On the other hand Karna, who was real brother of Pandavas fought against them. Even the mighty Arjuna who was under sorrow was taught by Lord Krishna to stand up and fight. There are innumerable instances which can be quoted wherein people went for their duties over their emotional bonding to uphold the rule of Law. Even Lord Krishna in battlefield of Kurukshetra asked Arjun that:

तस्माच्छास्त्रं प्रमाणं ते कार्याकार्यव्यवस्थितौ |

ज्ञात्वा शास्त्रविधानोक्तं कर्म कर्तुमिहार्हसि ||

Such an idea of duties/dharma continued even during the period of Kautilya, popularly known as ‘Chanakya’, who talks about the duties of public servants in his book Arthshastra as ‘The Duties of Government Superintendents’. He also discussed in detail the duties of the King. In the line of dharma, duties of king were divided into daily duties and specific duties. In daily duties, the day of the king was divided into 8 parts. In the first part of the day king has to appoint spies, attend to the accounts of receipts, going at the audience hall, receiving the reports of military etc. In the second f the day, king has to look into the affairs of citizens and country, inspecting roads and municipal works. The Third part of the day was allocated to personal matters like bath and meals etc. The fourth part of the day was for looking after the finance and selection of officers. The fifth part of the day was allotted to consultations with ministers, correspondence, secret matters, to receive secret information from spies etc. The sixth part of day was for self-deliberations. The seventh part was for supervision of army in person and eighth part of the day was for considering various plans of military operations with his army chief. Kautilya even didn’t spare the night of the king from duties as well. He further divided night into eight parts. The first part of the night was for receiving secret emissaries and the high officials or important persons. The second part of the night was for bath and meal followed by religious meditations by the king. The third, fourth and fifth portions reserved for sleep. The king was having duty of early rising. In the sixth part of the night awakened king was to recall the injunctions of science as well as his daily duties. In the seventh part of night king had to deal with the spies and secret agents. In the eighth part of night he had to receive benedictions from priests, teachers and high priest and to have interaction with his physician, chief cook, astrologer and financial advisers. Thus Kautilya fixed a very tight schedule for the king to perform his duties. He further divided king’s duties into executive, legislative, judicial, financial, military, promotion of trade and commerce, promotion of arts and education etc.

The western jurists also thought in the same line as that of the concept of duties in scriptures. Salmond, a prominent jurist said “A duty is an obligatory act, it is an opposite of which would be wrong. Duties and wrongs are correlatives.” Supporting this, Fitzgerald has said, “the commission of wrong is breach of duty and performance of duty is avoidance of wrong.” Whereas Keeton sees “duty as an act of forbearance which is enforced by the state in respect of a right vested in another and breach of which is a wrong act.” Prof. Dicey says “a duty is a species of obligation. People obey it due to indolence, deference, sympathy, fear and reason. Due to psychological, social and moral pressures, most of the duties are supported by State and the breach of the duty is imprisonment or fine.