Declaration of Rights of the Subjects of His Majesty the King, Vikramaditya I

The Declaration of the Rights of the Subjects of His Majesty the King, Vikramaditya I (Tamil: விக்ரமாதித்ய I மன்னனின் குடிமக்களின் உரிமைகள் பற்றிய பிரகடனம்), set by the Crown Prince of Simharashtra, is a human civil rights document that is held scared for the Kingdom of Simharashtra. Inspired by Enlightenment philosophers, the Declaration was a core statement of the values of the Crown Prince and had a major impact on the development of popular conceptions of individual liberty and Absolute Monarchy.

The Declaration was originally drafted by the Crown Prince. Influenced by the doctrine of natural right, the rights of man are held to be universal: valid at all times and in every place. It became the basis for a nation of free individuals protected equally by the law, and is considered valid as constitutional law.

History

The content of the document emerged largely from the ideals of the Enlightenment. The principal drafts were prepared by the Crown Prince and he played a central role in conceptualizing and drafting the final Declaration of the Rights of Man and of the Citizen.

Philosophical and theoretical context

The concepts in the Declaration come from the philosophical and political duties of the Enlightenment, such as individualism, the social contract as theorized by the Genevan philosopher Rousseau, and the separation of powers espoused by the Baron de Montesquieu. As can be seen in the texts, the French declaration was heavily influenced by the political philosophy of the Enlightenment and principles of human rights.

The declaration defines a single set of individual and collective rights for all men. Influenced by the doctrine of natural rights, these rights are held to be universal and valid in all times and places. For example, "Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good." They have certain natural rights to property, to liberty, and to life. According to this theory, the role of government is to recognize and secure these rights. Furthermore, the government should be carried on by elected representatives.

Substance

The Declaration is introduced by a preamble describing the fundamental characteristics of the rights which are qualified as being "natural, unalienable and sacred" and consisting of "simple and incontestable principles" on which citizens could base their demands. In the second article, "the natural and imprescriptible rights of man" are defined as "liberty, property, security and resistance to oppression". It called for the destruction of aristocratic privileges by proclaiming an end to feudalism and to exemptions from taxation, freedom and equal rights for all "Men", and access to public office based on talent. The monarchy was restricted, and all citizens were to have the right to take part in the legislative process. Freedom of speech and press were declared, and arbitrary arrests outlawed.

The Declaration also asserted the principles of the divine right of kings that characterized the Simharashtrian monarchy, and social equality among citizens, "All the citizens, being equal in the eyes of the law, are equally admissible to all public dignities, places, and employments, according to their capacity and without distinction other than that of their virtues and of their talents".

Articles

I. Men & Women are born, and always continue, free and equal in respect of their rights. Civil distinctions, therefore, can be founded only on public utility.

II. The end of all political associations and parties is the preservation of the natural and imprescriptible rights of man; and these rights are liberty, property, security, and resistance to oppression.

III. The nation is essentially the source of all sovereignty; nor can any individual, or any body of men, be entitled to any authority which is not expressly derived from it.

IV. Political liberty consists of the power of doing whatever does not injure another. The exercise of the natural rights of every man has no other limits than those which are necessary to secure to every other man the free exercise of the same rights, and these limits are determined only by the law.  

V. The law ought to prohibit only actions hurtful to society. What is not prohibited by the law, should not be hindered; nor should anyone be compelled to that which the law does not require.  

VI. The law is an expression of the will of the community. All citizens have a right to concur, either personally, or by their representatives, in its formation. It should be the same to all, whether it protects or punishes; and all being equal in its sight, are equally eligible to all honours, places, and employments, according to their different abilities, without any other distinction than that created by their virtues and talents.

VII. No man should be accused, arrested, or held in confinement, except in cases determined by the law, and according to the forms which it has prescribed. All who promote, solicit, execute, or cause to be executed, arbitrary orders, ought to be punished, and every citizen called upon, or apprehended by virtue of the law, ought immediately to obey, and renders himself culpable by resistance.

VIII. The law ought to impose no other penalties but such as are absolutely and evidently necessary; and no one ought to be punished, but in virtue of a law promulgated before the offence, and legally applied.

IX. Every man being presumed innocent till he has been convicted, whenever his detention becomes indispensable, all rigour to him, more than is necessary to secure his person, ought to be provided against by the law.

X. No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by law.

XI. The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by law.

XII. A public force being necessary to give security to the rights of men and of citizens, that force is instituted for the benefit of the community and not for the particular benefit of the persons to whom it is intrusted.

XIII. A common contribution being necessary for the support of the public force, and for defraying the other expenses of government, it ought to be divided equally among the members of the community, according to their abilities.

XIV. Every citizen has a right, either by himself or his representative, to a free voice in determining the necessity of public contributions, the appropriation of them, and their account, mode of assessment, and duration.

XV. Every community has had a right to demand of all its agents an account of their conduct.

XVI. Every community in which a separation of powers and a security of rights is not provided for, wants a constitution.

XVII. The right to property being inviolable and sacred, no one ought to be deprived of it, except in cases of evident public necessity, legally ascertained, and on condition of a previous just indemnity.