From Sacred Duty to Legal Right: The Concept of Refuge in the Upakhyana of King Shibi and Modern Jurisprudence.

Mr. Akshay Wagh

Assistant Professor (B.A. (History))

Thakur Ramnarayan College of Arts and Commerce

Abstract : The Upakhyana of King Shibi, narrated in the Mahabharata (Vana Parva) and retold in the Buddhist Sivi Jataka, preserves one of the earliest South Asian reflections on the protection of the vulnerable. In the story, a frightened dove seeks refuge with King Shibi while a pursuing hawk demands its return as rightful prey. The king refuses to surrender the supplicant and instead offers his own flesh to satisfy the predator’s claim. By doing so, he fulfils the sacred obligation of sharanagata-raksha, the protection of one who seeks refuge. Refuge here is not framed as an enforceable entitlement but as a moral duty grounded in dharma, righteous kingship, sacrifice, and cosmic balance.

This paper examines how this duty-based understanding compares with the rights-based framework of modern jurisprudence. Drawing on primary sources such as the Mahabharata, the Sivi Jataka, and classical dharma literature, along with modern legal instruments including the 1951 Refugee Convention and contemporary human rights discourse, the study traces the transformation of protection from ethical obligation to codified legal right. The ancient paradigm stresses compassion, honour, and the sovereign’s personal responsibility, while modern law defines protection through universal rights, legal status, and institutional enforcement. By situating the Shibi narrative within broader traditions of asylum and sanctuary, this study highlights both continuity and divergence. The ideal embodied by King Shibi offers a moral vocabulary that deepens present debates on refugee protection and humanitarian responsibility.

Keywords:IKS, Shibi, Upakhyana, Rajadharma, refuge and protection, and modern jurisprudence.