The IUP Journal of Law Review
Returning to a Duty-Based Society from a Rights-Based Society?

Article Details
Pub. Date : July, 2020
Product Name : The IUP Journal of Law Review
Product Type : Article
Product Code : IJLR072020
Author Name : Ragini Khubalkar
Availability : YES
Subject/Domain : Arts & Humanities
Download Format : PDF Format
No. of Pages : 09

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Abstract

Focusing on the applicability of Dharmashastra to the contemporary society, this paper attempts to trace the journey of the concept of ?rights? which evolved in ancient Indian traditions. Taking an overview of the concept, this paper attempts to present an analysis of the concept of duty evolving into the concept of right. As per Dharmashastra, the Indian society was duty-based, with no emphasis on individual?s personal right. In the ancient era, the conferment of rights depended on the performance of duties, whereas today?s codified legal system based on constitution confers basic rights on all individuals irrespective of their status. Another interesting feature of the concept of right was its collective nature, as against the emphasis on individual?s rights in the modern era. The desirable code of conduct was backed by the set of unwritten morals and values of the society, as against the codified laws in the modern era. On thorough analysis of the concepts which have evolved from ancient era, this paper objectively assesses the need for imbibing the values in the minds of the public at large for effective protection of rights as conferred by various laws in force. The author tests the hypothesis that for the survival of an organized society in the present legal system, the emphasis on performance of duties could be the solution for harmonizing the issues of protection of rights.


Indian Society: Introduction

Modern scholars claim that the emerging date of the Rigveda, which is recognized as primitive legendary memorial, is about 2000 BC. Ancient India?s history is split into various eras, separated by long years and different events. It is believed amongst Hindus that the process of evolution dates back to about thousand years and even before the time of Rigveda and as a result the ancient culture is imbibed in the history of India.1 To speak about the sacred text in Hinduism is to speak, in the first place, of the shruti (what is heard), the collection of literary materials speculating from roughly 1500 to 600 BC. The most famous portion of the shruti are the Vedas and the Upanishads,


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