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Rights and Duties under Jurisprudence


Authored By- Ayushi Patil

Keywords: Rights, Duty, Legal, Human Rights, Jurisprudence, Indian Constitution.

Abstract

Rights and duties are relatable because where there is a right there is a duty. Rights are given to the people for their protection and for performing their duties towards the country. There are various types of rights such as legal rights, fundamental rights, and human rights also basic rights. Classification of a legal right is as same as legal duties. Rights and duties are the part of law included as fundamental rights and duties in the Indian Constitution. Nevertheless, rights and duties are an essential part of the legislation. Hence, this article attempts to showcase a definition of rights and duties which also contains kinds, classification of legal rights and duties with relevant case laws, conclusion, and reference.

Introduction

Rights and duties lead to the development of a society where rights and duties are in connection with each other. Everyone has rights and duties where people come into contact with each other and everyone has to respect the rights and duties towards each other. Rights and duties are the limitations of a person to another person as right is an entitlement and duty an obligation, they refer to moral and legal terms. There are many types of rights and duties. Features of the Indian constitution include fundamental rights and duties, where the constitution has guaranteed certain rights and duties to the citizens of India. It has more importance and if these rights are violated then the person can appeal to the Supreme Court of India and the High Courts of India. Many respective countries have different rights and duties and education is been given and clearly specified. The duties and rights are for family, office, society. The concept of legal rights and duties under jurisprudence are explained below.

Rights

Rights are a legal term with a general sense. It is an element of the law. It is generally a standard of permitted action. Rights protect a person for another person’s actions. There are two types of theories of rights which include will theory and interest theory. The elements of legal rights are a person of inherence, a person of incidence, contents of the right, the subject matter of right, the title of right. Rights are those powers with are necessary for a human. Hence, right is an act for example if A buys the property from B with all legal processes the B has the right to take over all the right of the property as the owner of the land. Supreme Court of India also interprets the definition of right in the case[i] of State of Rajasthan v. Union of India[1].

The fundamental rights which come under the constitution of India -

1. (Art 14) Right to Equality

2. (Article 19) Right to freedom

3. (Article 23and24) Right against Exploitation

4. (Article 25) Right to Freedom of Religion

5. (Article 21) Right to Life

6. (Article 32) Right to Constitutional Remedies

Classification of rights:

1. Primary and Secondary Rights: Primary rights are the rights enjoyed by the person where he has the right to liberty, safety, etc, as these are basic rights with independent existence. Secondary rights are dependent rights as these rights defend the person for example to receive money from who committed wrong or done injury to us.

2. Perfect and Imperfect: Perfect right is correlated to perfect duty where a complaint can be done against the wrongdoer by filing a suit. While imperfect rights relate with the imperfect rights. For eg, A takes a loan from B he is bound to repay the loan or A can file a suit against B. Where A has perfect right to take the load and imperfect right to file a suit if B didn’t repay it on time. Where in the case the breach of right is not enforceable in a court of law then it is known as imperfect right[ii].

3. Positive and Negative Rights: positive right includes some positive act to be done by the person, same as negative right consists of a negative act which shall not be done.

4. Right in Rem and Right in persona: ‘Rem’ means ‘world’ and ‘Persona’ means ‘Person’ when the right to rem is available against the world and persona against a particular person. Example tort and crime or breach of contract where both the person has to act files Suit against the party.

5. Personal and Proprietary Rights: Personal rights depend on the status of the person which has no economic value as the right to live with dignity and freedom. Where the proprietary right is given to a particular person like a possession or patent rights and right of the land this right includes economic value.

6. Vested and Contingent Rights: Vested right is given from the very beginning and contingent rights are the one which depends on the situation. As vested and contingent right depends on the relation as owner.

7. Legal and Equitable Rights: The legal rights are not enforced in India it is found only in England and recognized by the law in England. The equitable right is a legal right as equity. The Privy Council in Chatra Kumari Devi v. Mohan Bikram[2] observed that the Indian law does not recognize legal and equitable estates.

8. Principal and accessory rights: principal rights are independent rights and principal rights have a beneficial effect on accessory rights. Accessory rights are security rights and follow the obligation.

9. Public and Private Rights: Public rights include rights which deal with the general public or state as well society where it contains administrative law, constitutional law, criminal law, municipal law and international laws. Private right deals with personal law consist of a family business or a small group and committees. It also includes private matters and private law covers contract law, tort law, property law, family law.

Duties

Duties are also an act. Duty is a favour for another person. A man has a duty towards a country and person. It acts opposite to legal wrong. They are essential duties enforced by law. If duties are not performed properly then it is punishable under laws. Kinds of duty consist of moral duty and legal duty. Classification of duties includes primary and secondary duties and positive and negative duties and absolute and relative duties, for eg, to protect the surroundings and to keep it clean is the duty of the person towards the nation.

Fundamental duties under the Constitution of India:

Article 51-A of the Indian constitution states that it shall be the duty of every citizen of India

To respect the provisions of the Constitution and respect the National Flag and National Anthem:

1. To safeguard the sovereignty and integrity of India

2. To follow the noble ideals of a national struggle

3. To defend the country and contribute to national service when called

4. To preserve the national heritage of the country;

5. To promote and maintain the harmony of brotherhood amongst people of India.

6. To protect the dignity of women

7. To protect the natural habitat and including forests, lakes, rivers, and wildlife;

8. To protect public property and to avoid violence;

9. To contribute to the development of the nation in all spheres.

Classification of duties

1. Positive duty: Positive duty is based on human rights to respect human rights. The duty is required to perform which produces some good for someone else as a help.

2. Negative duty: Negative duties means not to do some. There are strict rules and normally punishable if negatives duties are violated. For example: not killing someone is a negative duty.

3. Primary duty: Primary duty is independent not dependant on any duty. It means not to harm anyone or cause injury to another.

4. Secondary duty: Secondary duties are dependent on other means if a person harmed or cause injury to the person he should pay the damages done because of him, is a secondary duty.

5. Absolute duty: Absolute duties are duties that are not corresponding and not relative rights.

6. Relative duties: Relative duties are duties that are relatable to each other and corresponded with a person’s duty, which is interdependent on other.

Conclusion

Great power brings great responsibility. Rights and duties are opposite but correlated with each other. All citizens should enjoy their rights and should also follow their duties. As rights and duties are an important part of the law for the development of the nation and it plays a vital role in human life. Being in a developing country we are privileged with some of the rights and duties as it gives an opportunity for the development process. We enjoy many rights but we cannot neglect our duties. As we can the right to protect us so there are duties to protect our surroundings.

[1] 1977 AIR 1361 [2] (1931) 33 BOMLR 1390

References [i] http://www.legalserviceindia.com/legal/article-1919-rights-and-duties-in-the-light-of-jurisprudence-an-overview.htm [ii] https://www.legalbites.in/rights-duties-jurisprudence/ Other References 1. http://www.legalserviceindia.com/legal/article-1919-rights-and-duties-in-the-light-of-jurisprudence-an- overview.html 2. https://www.lawnomy.com/post/concept-of-duties-jurisprudence

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