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C O L U M N S
The way of dharma
Arguing for a duties' approach to combating discrimination and oppression all over the world.
Attending
a human rights conference these days can be both frustrating
and enlightening. It is frustrating because of the contentious
claims of organised and disorganised groups who proclaim
their faith in the righteousness of their demands and
in the indomitable spirit that guides them in the quest
of those demands, while at the same time ignoring the
fractious nature of their demands and their opponents'
equally indomitable spirit in holding on to their own
belief about the righteousness of their claims. Arbiters
of such conflicting claims come with their own agendas,
determined by their status as "developed" countries,
"international" organisations, or non-governmental organisations
(NGOs).
These conferences can be enlightening
because one gets to meet with the parties in conflict,
the arbiters, the professional workshop leaders, self-proclaimed
activists, angry and articulate/ inarticulate complainants,
wheelers and dealers, and naïve believers in the efficacy
of international law. To watch this strangely formal
and serious dance is an opportunity from which one can
learn to steer clear of the merely angry to the merely
crafty, and to networking with men and women who have
with a quiet and determined persistence organised programmes
that have brought some solace to those suffering on
the ground.
Recently, I attended a conference at The Hague (Den
Haag) organised by the Global Human Rights Defense,
a new but vibrant organisation led by Dutch and Surinamese
Indians. During the four days of intense workshops and
plenary sessions, some larger philosophical questions
came to the fore. The first such question was posed
by a distinguished participant, Justice C.V.Wigneshwaran
of the Sri Lanka Supreme Court, who asked the audience
at the inaugural session if it would be better to approach
the problem of discriminated and oppressed people from
a duties' perspective rather than from a rights' perspective.
The Justice argued that the idea of "inalienable" rights
was a creature of the speculations of Seventeenth Century
French philosophers like Rousseau who proclaimed that
human beings were born free, and sought to escape the
"short and brutish" life that Hobbes speculated was
the fate of men and women before "civilisation", through
a "social contract", which guaranteed to everyone their
inalienable rights. The Justice argued that these rights
were illusory because of the speculative nature of the
origins of the contract of individuals with states.
We are not born with rights as much as we are born into
a context of duties, he asserted, but did not have enough
time to elaborate on his claims.
An opportunity arose later during the conference where
we sought to unpack Justice Wigneshwaran's provocative
idea. Even though it was late in the evening, and we
all had had a busy day of workshops and discussions,
the group of people who agreed to stay behind to discuss
this idea were energised by the end of the discussion
because it enabled them to go beyond their individual
and/or group demands/ concerns to envision an international
dynamic that would manage human fractiousness more productively
than it has been done within a rights' paradigm.
The discussion led me to put the thoughts of Justice
Wigneshwaran and fellow discussants in axiomatic fashion,
and I shared them with Dr Berma Klein Goldwijk, Director
of the Centre for Dignity and Rights (CEDAR), who led
a workshop on "Religion, Human Rights and International
Relations". In her workshop she asked how "dharma" (duty,
righteousness, justice) can be linked to rights. She
talked about the challenge and the dilemma that Krishna
faces in the Mahabharata linking dharma to moksha. "Duties,
the way it is conceptualised in the West, makes it difficult
for Westerners to understand the concept of Dharma",
she said, but expressed keen interest in how and where
we were going to take this dialogue. I told her that
Article 29 (1) of the Universal Declaration of Human
Rights mentions duties: "Everyone has duties to the
community in which alone the free and full development
of his personality is possible." But it comes almost
at the end of the document, and it seems it has been
ignored in the debate and focus on rights. Countries
and experts all over the world were consulted in drafting
this declaration, we know, but Dr Goldwijk expressed
surprise when I told her that neither the word "dharma"
nor "moksha" appears in the Indian Constitution and,
therefore, the people from India who were consulted
by the United Nations similarly failed to argue about
a duties-based approach, or to adumbrate carefully the
ambit of dharma for incorporation in the Universal Declaration
of Human Rights.
Given the powerful rights' dynamic that has shaped local
and global politics, what are the chances for reformulating
this dynamic? Well, given the fact that the modern state
is under tremendous pressure from global economic forces,
and given the fact that there are increasing demands
to fracture the world further, unless we rethink our
relationship with one another, the Armageddon that some
people believe in and some fervently wish for may soon
consume us all. We may, therefore, start the first spark
here, and see if there is enough oxygen left in global
politics for it to become a flame that will refashion
the world for us.
Here are the axioms tentatively formulated:
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We are not born with
certain guaranteed rights as much as we are born
into familial and social obligations depending on
one's place/ role in the family/ society. Thus duties
seem to be the lot of humans at birth and not rights. |
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The logical end of a
rights-based approach, either for the individual
or for the state, is "independence". |
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The logical end of a
duties-based approach, either for the individual
or for the state, is "interdependence". |
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Independence, by nature,
leads to self-centredness, and possibly arrogance.
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Interdependence, by
nature, leads to other-centredness, and humility.
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Rights, taken to the
logical extreme, leads to fissures between individuals
and war between states, ending in familial and societal
anomie and conflict. |
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Interdependency of systems
and species is supported by scientific research
and findings. |
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In modern states, rights
are guaranteed and justiciable, whereas duties are
prescriptive but not justiciable. We propose that
both be prescriptive and justiciable. |
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While rights are not
to be forsaken, a duties-bound approach provides
a more egalitarian basis for achieving harmony and
reducing conflict. |
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Religions, that emphasised
duties, under the influence of the modern state,
have become rights-centred and combative. |
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A duties-centred approach
need not necessarily lead to a hierarchical, discriminatory
polity, and need not replicate past social dynamics.
Experiences from the past could enrich the future.
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The focus on rights
by ethnic, linguistic and other groups has led to
calls for self-determination, which has as its logical
corollary the creation of unviable, independent,
discriminatory states, and to the migration of peoples
across borders into ethnic enclaves. Duty-based
societies could solve the problem on a give and
take policy. |
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Monocultural ethnic
enclaves are the exact opposite of the goal for
multicultural, diverse, and dynamic societies. Duty-based
societies would desist from forcing monocultural
enclaves on diverse groups. |
Bert Verstappen, programme coordinator
for HURIDOCS, and who led a workshop on human rights
documentation, told me that the seeking of self-determination
by different ethnic groups could lead to the creation
of at least five thousand states. I told him no, it
would lead to the creation of six billion states, because
that would be the logical extreme of "independence"!
Separatism in India is encouraged and
abetted by many who call themselves NGOs and human rights
activists. It is the same all over the world, and of
course the creation of new states after World War II
has fuelled this dynamic. Seeking to control this dynamic
through artificial or enforced treaties are temporary
measures that will do little to reduce conflict. Demanding
rights is a giddy endeavour for some because it is based
on acquiring power for themselves or for the groups
and people they claim to represent. Like the consumption
of most other intoxicants, the consumption of this intoxicant
can lead to people destroying themselves or those around
them.
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