Duty over Rights


“Hard times create strong men, strong men create good times, good times create weak men, and weak men create hard times.”

– G. Michael Hopf

The hallmark difference between the Eastern and the Western societies is in the emphasis of duty over rights. However we are also becoming a rights based society which is unbecoming of us.

Asian societies have always prided themselves over social stability. They believe that it is a sense of duty towards family members, fellow social beings, and the nation at large that will ensure social cohesion and prosperity for posterity. For this reason, they are ready to sacrifice individual whims and fancies for what is good for all. In Sanskrit we call this sreyas over preyas or in other words choosing that which is good in the long run over that which is pleasurable at the moment. It is this stress on duty and duty alone which is the sole reason for the healthy survival of Eastern societies while we see the West falling apart. Whereas the West dominated the global landscape for the last four centuries, we shall be seeing the new world order being established by the East in the 21st century.

 

This article is not about comparing the East with the West. Rather it is to use them as a model to show that valuing duty makes stable societies while valuing rights will guarantee social degeneracy. The more and more rights-conscious we become, there will be less and less social stability. We are not going to occupy this world forever. We are going to pass it on to the next generation, so, let us start with talking about our duties rather than our rights.

 

A depressed generation…

 

The present generation is the most blessed as well as the cursed. Blessed for all the easy access to information and freedom to make our life as we choose, but cursed for the lack of responsibilities and commitment in life. This generation is the beneficiary of the work done by our fathers and grandfathers. Even when they shouldered so many responsibilities, may it be financial or social obligations, they were never unhappy. They worked for providing a good future for us. However, if you see the mental health of the Millennials and Gen Z, they are a very unhappy generation. They owe so much to the Gen X, yet are ungrateful. The only responsibility they have is to take good care of themselves and leave behind a healthy society. Handling themselves and their emotions being a huge struggle, the question of creating a stable order for the next generation is out of question.   

 

The problem is lack of responsibilities and a closed mind that thinks only about the self. Being only trained to study well, eat and sleep properly, get a well-paying job and overall take good care of oneself, life becomes mundane. The answer to this problem should come easily. Lead a less self-centric life. A life lived for others is more fulfilling than a life lived satiating one’s own needs and wants.

 

There are many factors as to why we have become like this – colonization and invasion of the past has distanced us from our roots, consumerism brought on by the past generation that induced acquiring of material things over simple living and high thinking, and presently, the heavy influence of the West on our minds. For the sake of this blog I will restrict myself to studying the influence of the West on our culture and mindset.

 

The West heavily stresses upon individual rights and liberties. It measures the progress of a society on the parameters of how free an individual is to do what he wishes. Wearing this lens if they study the Asian societies it will appear restrictive to them. There would have been no problem if they had just studied us and passed their judgments. No, it was not to be that simple! Instead they went on to sell their narratives to our own people and have managed to convince us that we live under tyranny and oppression. And there is nothing sorrier than people being ashamed of their own country to the extent that they buy stupid, agenda-driven story sold to them. We have been made to believe that we need the Western ideals to be emancipated from our backward traditions.  

 

Each and every traditional practice of ours is weighed against the rationality and logic of the West and deemed unworthy if it fails their standards. The Western standards are really mindless and simple to understand – equal treatment of all, freedom for all, and zero accountability. These are very nice that it is appealing to live by the standards they deem proper. However, we can all have a look for ourselves as to where it has led them – broken homes, divorced parents, high dependence on drugs, and depression. Cheap things are easy to follow and they provide shallow happiness which doesn’t last– preyas. While our culture which is difficult to understand for the untrained mind knows how to create everlasting bliss - sreyas. To be more precise, Western ideals will tell you happiness lies in hedonism but the East will tell you the direct opposite. True happiness lies in working for the welfare of all.

 

Often things said in support of actions that are preyas is that it is one's freedom to be as he chooses. It is but that freedom should be coupled with responsibility. “Life is short, so, let's make it happy while it lasts!” Actually, no! Life is not short. It's excruciatingly long and repetition of same lessons until you become that! Being born in this culture you should not say that we have one life, so, let's make it memorable. If you learn to live right, you can lead a short life, burst the bubble and dissolve into nothingness.   

 

Our ancestors knew better…

 

I recently read someone’s status on women’s day which asked to celebrate the woman for the individual she is instead of the clichéd mother, daughter, and sister roles that she plays. It seemed odd to me that a person exists as an individual in a society. We value another person for the relationship we have with them. Womanhood is the sum of all these relationships. How can you be a detached entity in a society and expect others to value you? You are valued for the work that you do for others through the roles you play!

 

It is for this reason that human rights also appears most absurd to me. Human rights is nothing but a demand for individual rights. I am going to be very candid and say that there is no individual in a society. You don’t and cannot exist as a separate entity unless of course, you take up sannyasa. Even then you live at the mercy of others by asking for bhiksha.

 

Demanding rights is a failed exercise. Please understand that when I put down the relevance of human rights, I am doing so only in the Indian context. There may be countries in desperate need of human rights but India is not one is my point. Keeping with our cultural ethos which has always stressed on dharma, I am resistant to the forced projection of foreign ideologies to our problems.

 

I believe that stressing upon duty that a person owes to those around him will make a healthy society. Hindu society has always acknowledged the interdependence of people and that is perhaps why we had the varnashrama dharma wherein no class of people had everything. While the Brahmins were well versed in the Vedas they could only live off the charitable offerings of others. While the Kshatriyas were men of great physical prowess, they were guided by the Brahmins in statecraft. So no person belonging to any Varna could claim to be having it all because he was dependent on others.

 

The problem that is our law…

 

If you take our Constitution it has a part on Fundamental Duties of citizens towards the state.[1] Unfortunately, it is not legally enforceable. This means that the state cannot bring an action against a citizen for the breach of any duty enlisted under Art. 51A like the way a citizen files a writ to remedy any breach of duty on the part of the state under Part III. As of now Part IVA remains a mere moral obligation which no one bothers to look at seriously. We need to ask ourselves why duties are secondary to rights when we say they are two sides to the same coin. When we live in society, how can the government alone be duty-bound and accountable but never the citizens?

 

In my first year of law school it was made clear to me by a faculty that we need rights because not everyone is equal. He said there is an imbalance of power which may result in a less powerful person being dominated and exploited by someone in the higher rank. Hence, it is to curb the possible exploitation that we need to guarantee rights for the weaker sections. But I would like to present an alternative way of looking at things. What we need is a remedy to rectify the wrong done by the person occupying a position of power because he is guilty of breach of his duty. For me to be eligible to claim the remedy why is it not enough to show that the person had an obligation towards me and his conduct was in breach of it? Why do I at all need to establish my rights here other than showing that we have a legal relationship?        

 

I would like to narrate a small story here. In my hostel mess, people have the most disgusting habit of washing their hands in the water dispenser because they are too lazy to go to the wash area. While I was filling my bottle a girl asked me to excuse her so that she can wash her hands and that it will only take a second. I refused to let her have her way and said she can wash her hands in the wash area. She was furious and asked me who I am to dictate to her and fled away before I could respond. Now that I think about it, it is funny why she asked that question. I was simply telling her what was the right conduct but she was more interested in knowing what authority I had to tell her what she is to do. My question is who should have told her for her to do right? So the message is not important but the messenger is important? Is this our slavish mentality to be dominated by others at display here?

 

The nature of rights is aimed at self-preservation of oneself from the exploitation of others whereas the nature of duty is about service mindedness towards others. Simply said rights is all about what you can get from others while duty is about what you do unto to others. I am not saying that the world is free from exploitation. Rather I am saying let us change the lens and look at things more positively. To me the concept of rights has the most negative connotation because it makes it look like the individual is up against the world. It is as if power and position is something to be wary about. It appears to me that the entire Constitutional structure spelling out fundamental rights is there to protect unfortunate citizens from the wicked people in the government. This exploiter-exploited binary is purely a Western construct. Why can’t difference in power rather be seen as people being vested with responsibilities that matches their capabilities? This is the dharmic way of looking at things.[2] We believe in the inherent goodness of people and hence, see people performing their duties and in breach of it when they fall short.

 

Part III could have been framed as Fundamental Duties of the State towards its citizens. Just replace ‘right to equality’ with ‘the duty to treat all equally’ and likewise ‘duty to treat all religions equally’ instead of ‘freedom of religion’. Isn't there a stark difference in the meaning? The first is an affirmation to the citizen of his rights while the latter is a dictate to the government officials of his duty. 


             The above image captures the essence of the article.

Nature of the mind...

I came upon a lecture series called 'The Science of Happiness' in YouTube last year. Pravrajika Divyanandaprana Ji there makes a comparison between Maslow's Hierarchy of Needs and Yoga Psychology on Happiness. We all know about Maslow's chart which talks about moving higher up the pyramid towards self-actualization after satiating basic needs such as biological needs, social needs etc. At the top of the pyramid is the goal of self-actualization - doing best what one is best at which she calls the flow. Hence, the highest happiness that Maslow talks about is the intellectual happiness an individual gets from doing his work. But the ladder of happiness that yoga talks about has one more rung above intellectual happiness i.e. spiritual happiness. One can attain this enduring state of mind only by doing seva to others. 


Seva is selfless service.[3] It means one is detached from the fruits of his labour. Any work may be a seva if the intention is to serve others over and above personal gains. So one doesn’t need to give up his money-making job to be doing seva. Also, let it not be mistaken that activism championing the rights of the so-called oppressed is seva when the actual intent is to globalize the problem and not seek a solution for it.

 

Just like we are enjoying the fruits of the work done by our ancestors, we must work not for ourselves but for the health and happiness of the future generation. This is life – you live off the work done by others and you give back to restore what you have taken. If you live by this philosophy then there is no place for rights.

 

The way forward…

                                          

In rights there is an individual, but in duty and responsibility there is a relationship. Are we building an individualized society or a web of human relationships is upto us. We are part of many social institutions like family, marriage, education, work place etc. where we have a duty towards our fellow beings. Not everyone gets to serve the nation in the capacity of a government servant, but everyone can sincerely do their duties as part of the small social groups. That will go a long way to building a stronger nation. 

Do your duty and what is due to you, you shall get - dharmo rakshati rakshitah!



[1] Part IVA on Fundamental Duties was inserted by the 42nd Amendment Act, 1976 at the time when Emergency was in place. The article was inspired by constitutions of Russia and other socialist countries.

[2] Both Communism and Dharmicism hold individual duty and responsibility in very high regard. However, the differentiating point between the two ideologies is in how they treat responsibilities undertaken by classes of individuals. Communism believes in the equality of all despite huge difference in the work done by varied people. They believed this forced equality will curb oppression of one group over another. However, in the Vedic society work was distributed to classes of people and each class was given due respect for the work they rendered. The nature of work being different, the prominence of people doing the work in the society was also to be different. Hence, Brahmins were held in high regard for their spiritual knowledge but they were bereft of any power and wealth. Abuse of power was intelligently countered by a prohibition in the pursuit of other worldly ideals. This system knew how to build stable societies.

[3] See RAJIV MALHOTRA & SATYANARAYANA DASA BABAJI, SANSKRIT NON-TRANSLATABLES: THE IMPORTANCE OF SANSKRITIZING ENGLISH 169-171 (2020). This book puts in correct perspective the meaning of various Sanskrit words which has no proper English equivalent.

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