Understanding Duties through Gandhian Perspectives: An Exploration

Mansi Sharma & Vedabhyas Kundu

Legal theorists have strived to indicate at the definitions of right and its different formulations. There is a considerable disagreement as to what the term right precisely means, yet it is a common acknowledgement that rights are a set of rules which aloe people to enjoy some privileges in consonance with the basic needs of and in life. These might have been classified as natural, legal, claims, liberties, positive, negative, individual, group and so on and so forth but it recognised with certainty that almost every right has a corresponding duty. The specific enumeration of rights has differed greatly with different periods of history. But the ultimate outcome of the churning of the idea of right has emphasised not only the existence but performance of duty as a necessary corollary. However, people want to enjoy the rights alone and have no inclination for even being aware about their duties, what to talk of their performance. A majority of us infact don’t like to peep into the correct nature or shape of our right which in turn is rooted in performance of duty by ourselves and by others.

Fundamental duties had no place in the original Constitution of India that came into effect on 26 January 1950. It was only India’s Gandhian constitutional tradition, that talked about fundamental duties. Gandhi always emphasised that ‘the true source of rights is duty, if we all discharge our duties, rights will not be far to seek’. Narayana Agarwal in his Gandhian constitution of 1946 had given a priority over the rights. The Gandhian Constitution of Free India was published in 1946. This Gandhian Constitution was a document divided into 22 chapters with a total of 60 pages that included ‘Basic Principles’, ‘Fundamental Rights and Duties’, ‘Provincial Government’, ‘Central Government’, and the ‘Judiciary’. It had conjoined fundamental rights and fundamental duties. So much so that, it went on to say that all the fundamental rights shall be contingent on the performance of the fundamental duties.

But sadly, in the original constitutional framework, apart from one or two instances where members of the Constituent Assembly echoed Gandhi’s idea on rights and duties, there is no evidence that suggests that the framers of our Constitution seriously considered adopting something that resembled fundamental duties in the Constitution even if had moral and political convictions about the importance of duties. Fundamental rights on the other hand have been given immense importance in both the historical constitutions as well as the constituent assembly debates.

Fundamental duties were added to the constitution through the 42nd amendment Act 1976. That too in the middle of Emergency as non-justiciable Part — IVA, on the recommendations of the Swaran Singh Committee. At present there 11 fundamental duties enshrined in the constitution, the last one being added in year 2002.

Gandhi on Rights and the Duties

In Hind Swaraj, Gandhi (1989) has observed that-

“Real rights are a result of performance of duty”

Gandhi’s assertion implies in clear terms that rights and duties are closely related and can’t be separated from one another. He insists that for every right there is a corresponding duty. Rights are what we want others to do or refrain from doing for us whereas duties are those acts which we should perform or refrain from performing for others. Thus, a right comes with an obligation to cherish respect for the right of others and the obligations that accompany rights are in the form of duties. Gandhi had remarked,

“The true source of rights is duty. If we all discharge our duties, rights will not be far to seek. If leaving duties unperformed we run after rights, they will escape us like a will-o’-the-wisp. The more we pursue them, the farther they fly.”

Gandhi further observed that “Out of the performance of duties flow rights, and those who knew and performed their duties came naturally by their rights.”

Gandhi was a thinker who evolved his principles from experiences of his life practically instead of harping at the various theories to arrive at his conclusions. At one place in his autobiography (Gandhi, 1993) he has explained as to how ‘Satyagraha’ was born out of his firm belief that discharge of duty secures one’s rights. He elaborated,

“I learnt my duties on my mother’s lap. She was an unlettered village woman…She knew my dharma. Thus, if from the childhood we learn what our dharma is and try to follow it our rights look after themselves. The beauty of it is that the very performance of a duty secures us our rights and rights can not be divorced from the duties. This is how satyagraha was born, for I was always striving to decide what my duty was.”

Influenced by Gandhi, same sentiments were echoed by Sardar Patel. He envisaged that “Every Indian should now forget that he is a Rajput, a Sikh or a Jat. He must remember that he is an Indian and he has every right in his country but with certain duties.” Likewise, the words of Swami Vivekananda- ‘Arise, awake and stop not till the goal is achieved’, succinctly hint at the duty a person has to realise the goal which would accomplish him with the right.

Gandhi defined his view of human rights as follows-”The very right to live accrues to us only when we do the duty of citizenship of the world. Every other right can be shown to be an usurpation hardly worth fighting for.”

Further light on the subject is thrown by the cable which Gandhiji sent to Mr. H. G. Wells on his charter of human rights (Harijan, 13th October 1940).

The cable ran as follows:

“Received your cable. Have carefully read your five articles. You will permit me to say you are on the wrong track. I feel sure that I can draw up a better charter of rights than you have drawn up. But what good will it be? Who will become its guardian? If you mean propaganda or popular education you have begun at the wrong end. I suggest the right way.

“Begin with a charter of Duties of Man and I promise the rights will follow as spring follows winter. I Write from experience. As a young man I began life by seeking to assert my rights and I soon discovered I had none — not even over my wife. So “I began by discovering and performing my duty by my wife, my children, my friends, companions and society arid I find today that I have greater rights perhaps than any living man I know. If this is too tall a claim, then I say I do not know anyone who possesses greater rights than I.”

Duties under the Indian Constitution

Though co-existence of rights and duties has been universal, yet in the modern times their relationship has to be perceived in the right perspective. In India, the attitude of ‘we the people’ has been in line with human response about rights and duties worldwide. It is exhibited in the fact that it was after almost three decades of Independence in 1976 that on the recommendations of the Swaran Singh Committee, provisions about the Fundamental duties were added. Initially there were ten duties but later on one more was added raising the number to eleven. These include:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

© to uphold and protect the sovereignty, unity and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

These are reflections of how Gandhi had envisioned the Indian citizens to be like. But these duties remain legally unenforceable and are no better than moral obligations, which again reflects on our sincerity towards the duties. A petition had been filed a few days back in the Honourable Supreme Court for issuing a direction to the State to enforce the fundamental duties of citizens including patriotism and unity of the nation, through comprehensive and well -defined laws. The petition has argued that the “need of the hour” is to remind the citizens that fundamental duties were as important as fundamental rights under the constitution. It has further been argued in the petition that non-adherence of the fundamental duties has direct bearing on the fundamental rights. Infact, the issue of enforcement of fundamental duties has been before the Apex court earlier also in a no. of cases. Though the court had issued directions with a view towards making the provisions effective and enabling a citizen to properly perform their duties, yet it is a fact that in the absence of definite legal framework, fundamental duties elude legal enforcement. There are issues like Uniform Civil Code wherein there have been directions to the State to explore the possibilities of having a law on them but still a final outcome is awaited.

The Indian Traditional Wisdom

There may be shortcomings or constraints in the law relating to Fundamental duties or on the part of the political establishment in enacting the desired rules to ensure enforcement of fundamental duties. No doubt law may have its deterrent effect, yet its existence is no guarantee to have the desired result. Had it been so, the law providing for the punishment for any offence should have eliminated the same. If it is surveyed and reviewed seriously that what impact sanctions or punishment have in deterrence of a crime, it is found that these hardly have any. But it is also correct that absence of law could have led to chaos in society. However, the life, teachings and practices of great thinkers like Mahatma Gandhi who are the proponents of our traditional wisdom can definitely show right path to the masses. It has been quoted in the earlier part of this article that Gandhiji held a view that performance of duty is essential to secure one’s right. As Gandhiji had learnt his duties on mother’s lap, so can other citizens. He had once said that ‘A man can give up a right, but he may not give up a duty without being guilty of a grave dereliction.’ His views are relevant to take the present generation in the right direction.

Now more than ever, there is a need to look to the traditional wisdom available through the scriptures and great thinkers. Lord Krishna, while explaining the nuances of duty (Karma Yoga) as narrated in the Bhagvad Gita (Chapter 2, Verse 47), says-

कर्मण्येवाधिकारस्ते मा फलेषु कदाचन।

मा कर्मफलहेतुर्भूर्मा ते सङ्गोऽस्त्वकर्मणि॥

i.e., ‘Do your duty without expecting returns’. In other words, one has the right to work only but never to its fruits. Let not the fruits of action be your motive, nor let your attachment be to inaction. Willingness to sacrifice oneself is the hallmark of performing one’s duty but with the balanced application of mind. Lord Rama’s character in Ramayana is an epitome of commitment to duty. He left every comfort to fulfil his duties towards his father first and later on the kingdom. Duty takes various shapes and forms in the ancient Indian tradition. As mentioned earlier it exists as Dharma which Gandhi insisted upon. Dharma is infact a concept of social order and duty which sustains the entire universe. It is the purpose of human life. Karma too is another manifestation of the significance of duty. The better the Karma (Duty), the better its fruits (Rights). Duty is also considered to be an ‘Act of truth/ Satyakriya’ in the ancient Indian traditions (Brown, 1972), because it encourages one towards doing what is just.

Buddhist traditions too duty is considered to be dhamma or responsibility. In Buddhist system of thought, “responsibility” has an extremely important role to play (Keown,1992). Each individual has a responsibility either as a layperson or monk toward oneself, responsibility towards all sentient beings, and responsibilities toward the universe at large which is called dhamma or dharma.

In the Jain philosophy, duties exist in form of vows essential for both ascetics and the householders (Jain,2012). These include:

Ahiṃsā (Non-violence)

Satya (Truth)

Asteya (Non-stealing)

Brahmacharya (Chastity)

Aparigraha (Non-possession)

These duties are considered primary to human lives and form the basis of Jainism. Duty in the Indian Brahmanic, Buddhist and Jain traditions is a means to salvation, self-realization, to moksha/liberation. It not just encourages peaceful-coexistence but is also a means to earn respect and recognition. Non-fulfilment of duty is violence to self and other fellow beings.

CONCLUSION:

Reverting back to Gandhi, who had remarked that-

“No people have risen who thought only of rights. Only those did so who thought of duties.”

If we have to march ahead as a nation or society or even as individuals, we have to realise the significance of the duties instead of just demanding the rights. In face of a social milieu which is studded with the crowd bent upon having its pound of flesh without caring for the duty incumbent upon such demands, relevance of Gandhi’s views on duties being primary human concern, needs to be emphasised on. Further there is a need to inculcate an atmosphere wherein ‘the views’ can be exponentially apprised to the society to have persons aware and ingrained in having a zeal to perform the duty instead of craving for the rights alone. These duties are being popularised in their modern incarnation called ethics. Ethics are considered to be principles on morality on what to do and how to do. Both at the personal and professional levels these being popularised which is a happy consideration because these are but duties in form of moral values.

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