Duties and Rights of Citizens in the Dharmasutra

This Article is written by Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your article or case interpretations/summaries, send your work to niyamskanoon09@gmail.com.

The Dharmasutra, an essential part of ancient Indian literature, dates from around 800 BCE to the first century CE and outlines the moral and ethical codes governing society. The principal Dharma Sutras include those of Gautama, Apastamba, Baudhayana, Vashistha, Vishnu, and Harita, among others. it offered a practical framework for social conduct, emphasizing duties over rights. Unlike the Vedas, the Dharmasutra focused on a system of governance based on societal values, justice, and collective well-being.

The Dharmasutras established a cosmic order where individuals' duties contributed to the greater good. This article explores the roles and rights of citizens, with particular attention to the protection of women and marginalized groups, while highlighting the political, social, and economic responsibilities defined within these texts. As a codified system of governance rooted in Vedic principles, the Dharmasutra prioritised moral obligations and societal customs over state-imposed laws, with a focus on duties rather than entitlements. The Varuna deity, protector of cosmic law, ensured adherence to these duties, with punishments for violations.

Political Duties of Citizens

Political duties in the Dharmasutra were largely focused on the governance of society and the protection of citizens' rights. These duties were divided into two main categories: the responsibilities of the king and the citizens themselves. According to Gautama, the king’s duties extended beyond the protection of human life; they also encompassed the preservation of nature, the social order (as seen in the Varna and Ashrama systems), and the welfare of all living beings. Moreover, the king had a duty to guide those who strayed from the right path, including even ascetics who deviated from their vows.

In terms of governance, the responsibility for maintaining societal protection was shared between the king and the learned Brahmins, or enlightened citizens. Gautama’s interpretation of governance included three key duties: 

1. promoting growth (removing obstacles to societal progress)
2. providing protection
3. Ensuring citizens adhered to their duties.

Notably, figures like Apastamba and Bodhayan stressed that rulers should show restraint and mercy in certain circumstances. For example, they advised against harming those who were helpless or had surrendered their weapons. These ethical guidelines reflected a broader concern for justice and the preservation of social harmony.

Social Duties of Citizens

In the ancient Indian social system, society was structured according to the Varna and Ashrama systems. While the state did not create these systems, it played a crucial role in regulating them. The Dharmasutra outlined the responsibility of the state to enforce these social norms, including the punishment of those who violated them. According to Apastamba, individuals who broke these norms were to be imprisoned until they repented and pledged to follow the rules.

The duties of individuals in society, particularly in relation to their households, were considered crucial. A householder was expected to fulfill their social duties through sacrifices, paying off debts, offering hospitality to guests, and fulfilling their duties within the Ashrama system. Apastamba also emphasized the importance of women's security, although some modern perspectives may find these provisions outdated.

Moreover, Gautama urged citizens to show respect for nature and its elements. Acts of disrespect, such as polluting sacred elements like water, fire, or the presence of Brahmins, were strictly prohibited.

Economic Duties

In the economic realm, the Dharmasutra operated during a time when barter systems were more prevalent than monetary exchange. Even within this system, it emphasized fairness and equitable trade. Goods exchanged in the barter system should be of equivalent value. For example, Gautama prescribed that juices should be exchanged for juices, animals for animals, and grains for equivalent amounts of other goods. This focus on balance in trade helped prevent exploitation in economic transactions.

The economic duties of the state included managing resources and ensuring that unnecessary luxury consumption did not burden the nation’s economy. The Dharmasutra also provided guidelines for taxation, asserting that taxes should not be so high as to harm the common people. This system allowed for a balance between the needs of the state and the well-being of its citizens.

Citizens’ Rights 

Political Rights

Political rights, in the context of ancient Indian governance, refer to the authority granted to kings to rule the state. According to Baudhayana, the king had the right to collect one-sixth of the income from the people as taxes, which were seen as a legitimate form of revenue to protect the four varnas (social classes). Gautama’s perspective extended this authority, giving kings the right to take a share of agricultural produce, trade, and other economic activities in exchange for providing protection. Moreover, kings had the right to claim hidden treasures and punish criminals, as these were seen as part of their responsibility to ensure law and order.

Baudhayana also granted kings the right to establish new tax laws, but with the condition that the taxation should not harm the taxpayer. Vashistha Dharmasutra emphasized that kings were obligated to use the taxes collected for the welfare of the people, similar to how a mother uses the money given by a child for the benefit of the child.

In matters related to hidden treasures, Vishnu stated that if a king discovered one, half of it should be given to the Brahmins, while the remaining half would go to the state treasury. Despite the extensive powers granted to kings, the Dharmashastras imposed certain limitations to prevent misuse of authority. These included adherence to dharma (moral law) and ensuring that their actions aligned with the Vedas, Dharma, traditions, and local customs.

Social Rights

1. Right to Marriage

In ancient Indian society, the rights of a husband and wife were seen as interconnected within a family unit. According to Apastamba, a married couple performed religious rituals together and shared the fruits of good actions. Both had equal rights to property, and the wife, in the absence of her husband, had the right to give gifts or donations when necessary. Apastamba also clarified that this would not be considered theft but rather a right of the wife.

2. Rights of Animals

The Dharmashastras also recognized the rights of animals, considering them as part of the state. According to these texts, animals had certain rights, and humans had the moral responsibility to protect these rights. For example, one should not separate a cow from its calf, as this would cause harm to both. The economic significance of this was that the growth of livestock contributed to animal husbandry and the overall economy.

3. Rights of Students

Students were regarded as the foundation of society, with the right to education. The Gurukul system, prevalent during the Vedic period, allowed students to receive education from various teachers based on their interests and abilities. Apastamba emphasized that students had the right to seek education from a teacher who could satisfy their intellectual curiosity, and teachers were obligated to treat all students equally. Importantly, Apastamba granted women and Shudras the right to education.

4. Self-Defense Rights

In ancient Indian texts, there was a clear right to self-defense. According to Gautama, even a Brahmin had the right to take up arms in life-threatening situations. Apastamba further stated that individuals defending themselves from harm could not be held guilty.

5. Right to Pardon from Punishment

The concept of atonement, or penance, was prevalent in ancient Indian legal systems. A person could seek atonement for their wrongdoings through sincere prayer and penance, with the hope of being forgiven. However, over time, the concept of royal justice and social judicial order replaced personal penance as a means of seeking justice.

Women's Rights

Though women’s rights were not extensively discussed in the Dharmashastras, their importance was emphasized. Women were considered sacred, and their actions were seen as integral to the purity of the society. The protection of women was seen as a societal responsibility. Baudhayana stressed that men should protect women more carefully than their wealth, and Manu declared that it was the husband's duty to protect his wife to ensure the well-being of their family and society.

1. Right to Protection

Women had a right to protection in all circumstances. Manu and Baudhayana both emphasized the duty of husbands to protect their wives, ensuring their character, lineage, and dharma were preserved. In this context, women were also expected to take responsibility for their own protection using righteous intellect.

2. Right to Education

During the Vedic period, women had the right to education, but this right became restricted during the Sutra period due to societal insecurities. Women were allowed to receive education within their households from family members. Despite this, Manu granted women the right to perform religious rites and read Vedic texts, although their access to formal education was limited.

3. Right to Marriage

Marriage was considered the duty of parents to arrange for their daughters at an appropriate age. If parents failed in this duty, the woman had the right to choose her partner. Inter-caste marriages were also allowed, and women had the right to marry men from lower castes if no suitable match was found within their own caste. Kautilya further allowed women the right to remarry if their husbands were absent or had abandoned them.

4. Right to Property

In ancient Indian culture, women had property rights. Apastamba noted that both husband and wife had equal rights to family property. During the division of property, the wife’s share was considered complete when her Stridhan (women's wealth) was included. Stridhan consisted of gifts received by the woman from her parents, brothers, or husband during her marriage and was considered her personal property.

Economic Rights

Agriculture was the primary sector contributing to the economy, and Apastamba stated that if an individual leased land but did not cultivate it, they were liable to compensate the state for the loss incurred. Animal husbandry was another vital occupation, and the state was responsible for managing grazing lands. However, it was the responsibility of animal owners to ensure their animals did not damage others' crops.

1. Right of Laborers

Laborers played a critical role in the state's economy. Baudhayana stated that work was a means of purifying oneself, and the labor force was vital for economic growth.

2. Economic Crimes

Apastamba warned that individuals should not benefit from ill-gotten wealth. If someone did, they were urged to renounce it, saying they would not be associated with wrongful actions.

Conclusion

The Dharmasutras provide a detailed framework for understanding the duties and rights of citizens in ancient Indian society, emphasizing moral conduct, social harmony, and justice. While rights are acknowledged, the focus is primarily on duties that contribute to the collective well-being. The texts outline responsibilities across political, social, and economic spheres, offering a foundation for ethical governance. In doing so, they underscore the importance of societal progress and protection, particularly for women and marginalized groups, influencing ongoing discussions on justice and rights.