ABSTRACT
Are there “Hindu” norms regarding human experimentation? I answer that because bioethics is a function of the political order, only the class of ancient texts addressing political order/theory can offer potential justifications for bioethical norms. The central text is Kautilya’s Arthasastra. Religiosity, to the extent it is recognized in the text, is entirely instrumentalized for the secular order. However, the text justifies the state’s interest in maintaining public health.
To make it relevant, the Arthasastra could be projected onto the Constitution of India. Being a citizen of India would be the central case of what it means to be a Hindu, and the Constitution would be the fundamental source of bioethical norms. That would focus the query on the fundamental rights defined in the Constitution (e.g. Art 14 equality, Art 19 speech, Art 25 religion and Art 47 health). That approach would require a comparison of the Arthasastra and the Indian state, an important project but beyond the remit of this paper. Or, the analysis could more simply examine whether the Arthasastra has any norms that by analogy could be applied to issues related to human experimentation. I take this approach.
