Abstract:
On 26th of November 1949 Indian
constitution was adopted and on 26th of January 1950 it was finally
enacted. It clearly mention that it secure to all its citizen Justice, Liberty,
Equality, and Fraternity. It was drafted by Dr. B. R. Ambedkar as its chairman
who later adopted Buddhism as his religion. The concept of Justice, Equality
and Fraternity was discussed many times by political analyst and philosopher
from time to time and also with reference to Buddhist philosophy. Engaged
Buddhism also comes in process of debate over few years which was propounded by
Thich Nhat Hanh, a vietnamese monk. Not only this, scholars like David R. Loy
have also discussed social theory in reference with Buddhist philosophy and
also B.R. Ambedkar have well studied similarity between Marx and Buddha in his
well famous Buddha and Marx. So what is need of this article. The
importance of this paper is that with just exception of concept of
Justice, the other two one is discussed with only point of view of vinaya rules
of conduct for monks only. The concept of Justice is only overall discussed
from many scholars point of view and thus compared with Buddhism. As for
methodology of this research is concerned, the process was textual analysis and
thus various points have been highlighted from Vinaya rules of monks to draw a
similarity between concept of Justice, Equality and Fraternity. The reader
would thus draw very easily from those point that how the rules of monks are
related to concept of Justice, Equality and Fraternity. This would help to
future researcher to draw a broader consesus on the meaning of justice,
Equality and Fraternity. Another importance of this research is that, as
already said, many scholars have already tried to study social theory in terms
of Buddhism but in my finding no one tried to study buddhist philosophy in
perspective of indian constitution specially in concept of Justice, Equality
and Fraternity. Mostly scholars pointed
Buddha as a philosopher and and
ethical teacher, but not as a political analyst or political thinker. But some
scholar from various context have tried to show that he was not only a philosopher or ethical teacher but
also a political scienctist; Iliak K., David R. Loy are among those.
Introduction:
We all know that vinaya rules for monks was
developed at the time of Buddha nearly 2560 years ago and on the other hand
constitution of India was enacted in 1950s, so how can compare these two and on
what basis it should be. The answer is clear. As the topic clears it very
decisively i.e. on the basis of equality, justice and fraternity. The next
question is how it can be. Then this whole article will provide the answer .
But before going to disuss in detain we firstly here must discuss some basic
concept of justice, equality and fraternity at this point.
According to plato, Justice is the quality
of soul, in virtue of which men set aside irrational desire to taste every
pleasure and to get selfish satisfaction out of every object as the factor with
which men allowed themselves to the discharge of a single function for the
general benefit of everyone else. According to Marx, justice and rights are
ideological constructions, which only serve to justify and perpetuate the
existing property relations. Rawl in his books A theory of Justice points that
“principles of justice are chosen behind a veil of ignorance”. And according to
Aristotle, justice refers to two but related ideas, i.e. general justice and
particular justice. When a person's action are
completely virtuous in all matters relating to others, it is justice in
the sense of general justice. And particular justice is part of general justice
which is concerned with treating others equivalently.
According to aristotle, equality are of two
types : Numerical and proportional. “A form of treatment of others or as a
result of it a distribution is equal numerically
when it treats all persons as indistinguishable, thus treating them identically
or granting them the same quantity of a good per capita. A form of treatment of
others or distribution is proportional
or relatively equal when it treats all relevant persons in relation to their
due.” According to Marx, equality refers to the identical social position of
men in classsless societies.
According to Ambedkar, fraternity means “a
sense of common brotherhood of all indians, if Indians being one people. It is
the principle which gives unity and solidarity to social life.” He further says
that “ without fratenity equality and liberty will be of no deeper than coats
of paint.”
Thus we have a basic understanding of
Justice, Equality and Fraternity till this point. Now I would further gives the
point as how these are shown in Vinaya texts. Before I would also like to
mention that in preamble of Indian constitution it is written that “ it secure
to all its citizen Justice social, economic and political; Equality
of status and of opportunity; and to promote among them all; Fraternity
assuring the dignity of the individual and the unity and integrity of the
Nation. Thus when we will disuss justice, we also must have to discuss in terms
of social, economic and political. Similarily for others also.
Here I would like to mentioned that at the
hearts of Vinaya is a set of rules known as patimokkha. It seems to have owed
its existence to the ancient Indian custom of holding sacred two periods in
each month, the time of full moon and of the new moon (the meaning of
patimokkha is disburdening, getting free). It describes 227 major rules for
monks and 311 major rules for nuns. I
would only disuss major rules for monks in this paper. I Just refer the point
(particular rule) which is mentioned in the vinaya texts corresponds to that
particular concept and through this I hope reader would inferred then
correctly.
Justice:
Social Justice:
Social justice denotes the equal treatment
of all the citizens without any social distinction based on caste, creed, rae,
religion, sex et. Ambedkar in his work Buddha or karl Marx points to Tripitaka:-
1. It is wrong to make animal sacrifice to
be the centre of religion.
2. The function of religion is to
reconstruct the world and to make it happy and not to explain its origin or its
end.
3. That private ownership of property brings
power to one class and sorrow to another.
4. That it is necessary for the good of
society that this sorrow be removed by removing its cause.
5.
Worth and not birth is the measure of man.
6. What is important is the high ideals and
not noble birth.
7. War is wrong unless it is for truth and
Justice.
Now, we can easily see as how fresh these
points are even in modern context of time frame. I would like to point here the
conept of Justice of Plato and Socrates. In his work of “The republic”, plato
considers justice as the very true nature of man and rejects external and
conventional view of justice. He, through socrates, define justice as :-
“ Justice is virtue and wisdom and....
injustice is vice and ignorance.”
Justice according to plato is:
1. Justice is doing one's own job which one
has been assigned.
2. Justice is harmony.
Here I would like to point Asha Nimali
Fernando which write in her article “ Justice as a basic instrument to create
harmonious society: With a special reference to Buddhism and Platonism” that “
The eradication of poverty and illiteracy, the establishment of sound
environment policy, and equality of opportunity for health personal and social
development is the social justice.”
The readers can now clearly find matching
between the concept of Justice in various points to Buddhism.
Not only this, the Buddha welcomed all the
people irrespective of the caste, creed, religion, sex, etc; in sangha which
also shows the notion of Justice according to Buddha and Buddhism.
To quote Sulak Sivaraksa:-
“ To suggest that Buddhism has been
unconcerned with organization is to ignore history. Taditionally, Buddhism has
been personal salvation and social justice as interlocking components.”
Economic Justice:
The first question here arise is what is
economic justice? It means non-discrimination of people on the basis of
economic factors. Economic justice is discussed here with content of some
vinaya rules. These rules clearly shows that whosoever join Sangha, be it king
even, have to follow that code which non- disrimination of monks on the basis
of economic factor. These are:
è Monks
cann't build house or monastery without prior approval of sangha or bhikkhus
and also have certain restriction of its size and site where it should be
build. (Sanghadishesha- 6 and 7)
è Bhikkhu
also cannot keep extra robe more than 10 days at a time, not to ask good
quality robe from a dayakas or two dayakas who is saving money to offer one,
also cannot accept carpets containing silk or floor carpets only made of black
sheep wool, also cannot purchase new carpet if the former carpet is not six
years old, also cannot accept money and use money, also cannot keep extra bowl
more than 10 days at a time, also cannot ask for robe to be woven bigger and
better quality than the one that the donor had planned to give, not to accept
any extra robe beyond the said period,
also cannot divert for his own benefit a donation made to the sabgha. (
Nissagiyas- 1, 8, 9, 11, 12, 13, 15, 18, 19, 21, 27, 28, 30)
è Bhikkhu
also cannot build a roof having more than three layers, also cannot ask for
food of superior quality for oneself, also cannot collect a precious object
outside a monastery, also cannot make needle box in ivory, bone or horn, also
not make bed or chair greater in height as specified, aslo cannot use mattress,
cushions, or cloth filled with cotton or Kapok, also cannot use sitting cloth
more than certain specified limit as prescribed, also cannot make bandage robe
and rain robes beyond certain specified limit as prescibed. ( Paccittiyas- 19,
39, 84, 86, 87-92,)
è Bhikkhu
also cannot teach dhamma who is wearing sandals, or who is inside a vehicle, or
sitting at high level. (Sekhiya- 62, 63, 69)
Thus we clearly see as how justice by way of
economically is observed, not within sangha members but also towards society
members, as bhikkhu cannot teach them dhamma who would sit inside a vehicle or
wear sandal; etc.
Political Justice:
Political justice means that all citizens
should have equal political rights, equal voice in the government. For this, I would like to mention 7 adhikaranasamathas. It
means settling of issues.
è Sammukha
Vinaya-
means settling a conflict by confrontation. Thus here all sangha members would
be present. You could compare it with settling of issues in parliament, in
modern context.
è Sati
Vinaya-
It means settling by taking into account the reputation of bhikkhu. You could
compare it with case of governor, prime-minister, president.
è Amulha-vinaya – It means settling
by taking into account the insanity of a bhikkhu.
è Patinnata-karana- It means after an
admission of a fault by the party concerned.
è Yebhuyyasika-kamma – It means settling
by a majority decision
è Tassapa-piyasika
kamma-
It means settling by judgement of the ill-will of a bhikkhu.
è Tinavattharaka
Kamma-
It means settling the conflict by covering the act with grass.
Thus we can clearly see as how poltical
justice was performed in sangha.
Equality:
Preamble of Indian constitution mentioned
equality in two respect- status and opportunity. In case of status, we have
already disussed the economic justice as status can be directly connotes to
economic status. Thus no one was consider as lower or upper in terms of
economically within sangha and also no one could claim that he/she have more
knowledge than any other. The story of bhikkhuni matunga is also well known in
which how the low caste peasant girl become nun. Thus there was equality not
only in terms of status but also opporunity. Some points from Vinaya texts is
mentioned :
è Bhikkhu
cannot build a house more than specified limits and also he have to take
permission from sangha. (Sanghadishesha- 6,7)
è Also
bhikkhu cannot teach someone who holds an umbrella, holds a walking stick, have
cutting object, have weapon, wear shoes, sandals, or is inside in a vehicle,
lying down, sitting with the knees raised and the arms around, wearing a
turban, head is covered, who sits on a rug spread on the ground while sitting
directly on the ground, sitting at higher level, etc. (Sekhiyas- 57-69)
In this sense we can say that, if someone
wants to learn dhamma or hear dhamma, be it king, beggar, peasant, or even goons,
he/she must have to abandon that role and behave like that one as said in
texts. Thus we have equality for all.
è Also
bhikkhu cannot make or have to made needle box in ivory, bone or horn, chain or
bed of specific height, cannot use mattress, cushion or cloth filled with
cotton or kapok. (Pacittiyas- 86-88)
In this sense, among bhikkhu they have to
behave equal, despite their background from which they came, be it king even.
Fraternity:
According to cambridge dictionary,
fraternity means a feeling of friendship and support and according to oxford
dictionary, it means friendship and mutual support within a group.
In the preamble of Indian constitution, it
is written that-
“ Fraternity assuring the dignity of the
individual and the unity and integrity of the nations”.
Just by substituting nation as mentioned
with sangha, we find some interesting thing as we see in following points as
mentioned in vinaya texts.
è Bhikkhu
must not reate a division within the sangha and must not encourage or support
another bhikkhu who works to divide the sangha. (sanghadishesha- 10 and 11)
è Bhikkhu
must not insult another bhikkhu, create disagreement between bhikkhu, blame or
slander a bhikkhu, set a bhikkhu apart in order to make him leave, dismiss a
bhikkhu during alms collection round, agitate in order to re-open a closed
issue, travel with smugglers, frequent a bhikkhu who has been placed outside
the community, frequent a samnera who develop a erroneous view, accuse a
bhikkhu of sanghadishesha without foundation, arouse remorse or doubts in
another bhikkhu mind, eavesdrop on a conflict between bhikkhu. (Pacittiyas- 2,
3, 13, 16, 42, 63, 64, 65, 66, 69, 71, 72, 73, 76, 77, 78).
Thus bhikkhu must not have to do these
things.
Thus we clearly see that how beautifully and
clearly to maintain the fraternity and also to assures dignity of ones bhikkhu,
vinaya texts mentioned some rules.
Conclusion:
Mostly scholars pointed buddha as ethical
teacher but some scholar treat himself as a poltical thinker and which is
somehow tried to prove through this article. Discussing Justice from various
point of view as plato, aristotle, Marx, etc, then attempt would have tried to
bring a relation in buddhism. Not only Justice, but also equality and
fraternity was also discussed one by one and thus it was compared with the
major rules of monks mentioned in vinaya texts.
The concept of Justice, equality and Fraternity is so beautifully framed
in the vinaya texts in major rules for monks that someone can easliy point the
similar connotation or implication or inclination in Indian Constitution. Thus
we can easliy through this way can connect the similarity between Indian
constitution and Buddhism. Major rules of nuns have not be discussed here. This
is left for future research on similar topics.
एकता जैन,
एम.फिल.शोधार्थी
,
बौद्ध
अध्ययन विभाग,
दिल्ली
विश्वविद्यालय,दिल्ली.07
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