RIGHTS & DUTIES

Before understanding the concept of Rights and Duties, we need to know what connotes “Wrong”. The term “Wrong” is of common parlance and one often uses phrases such as I was wrong or the answer is wrong i.e. in sense of incorrectness of response. Largely, the term wrong is used in social form. In its legal sense, “Wrong” means contrary to Justice or Rule of right. It is also termed as legal injury i.e. An act classifies as “Wrong” (in legal parlance) if it results in Injury which the loss seeks to protect. If the Law does not recognise such injury or prescribe redress, the act is not a legal wrong, although it may be a moral or natural wrong.

Asense of wrong is one of emotional wrong,say for example, a boy proposes a girl who simply rejectsthe same. The boy mayfeel wronged,but the same does not qualifyto be a legal one. On the contrary the proposal itself under certain circumstances qualify as voyeurism, which is a legal wrong.

Duty

Duty is anobligatory act. It is an act the opposite of which would be wrong. Breach of duty is a commission of wrong, or vice versa.A Duty is legal because it is legally recognised not necessarily because it is legally enforced or sanctioned.

Right

A Right is an interest recognised and protected by rule of right or law. It is an interest respect, for which is a duty, and the disregard of which is a wrong. If an act is right or just, it is so because and inso far as it promotes some form of Human interest. If any act is wrong or unjust,it is because the interest of men areprejudicially affected by it.

The above statement is very much relevant to legislative action. Justice is an abstract concept. The scale used to measure it is Law. So while drafting law/legislation, legislatureis governed by the thought of Human interest. Here again, we can see althoughright is adjudgedby Law, the source of Law itself is Right.

Since the interestsof men conflict with each other, and it is impossible for all to receive rightful recognition, Rule of Justice selectssome for protection and others are rejected. The interestswhich thusreceive recognition and protection from the rules of right are called Rights. Rights and Duties are necessarily co-relative. A person’s right is necessarily someone’s duty.

Elements of legal right

Alegal right has following five basic elements –

1. Owner of right – Person in whom the right is vested.

2. Subject of Duty – Person or persons against whom right avails and upon whom the co-relative duty lies.

3. Content of Right – Act or omission which is obligatory on person.

4. Object or Subject matter of Right – Thing to which act or omission relates.

5. Title – Fact or event by the operation of which right became vested in its owner.

To understand this, take a simple example where A buys a piece of land from B. Here,A is the owner of right. Thesubject of duty ispersons in general or world at large. The content of right is non-interference with A’sexclusive use of land. Subject-matter of right isthe saidpiece of land, and Title is the conveyance or the sale deed.

Thus every right involves three fold relation with the owner –

1. It is right against some person or persons

2. It is right to some act or omission of such person or persons

3. It is right over or to something to which that act or omission relates

Legal Right in wider sense of the term

In wider and laxersense, term “Right”includesany legally recognised interest whether it correspondsto a legal duty or not. In this generic sense,a legal right may be defined as any advantage or benefit which is in any manner conferred upon a person by rule of law. In this manner, Right can be classified as

1. Right (in strict sense)

2. Liberty

3. Power

4. Immunity

Liberty

Liberties are space provided by Law for free action, leaving the person to act according to his own conscience. They are the things which I may do without being restrained by the law. Liberties are the benefits which I derive from the the absence of legal duties imposed upon myself.

AlthoughRight and Liberty may appear one, but take for example, Ais owner of land. He has a right to exclusive use i.e.no one else can interfere with his possession and the sameis the duty of Public at large. But it is his liberty to use or not. So, though his user rightandliberty coincide, they are essentially different.

Power

Power may be defined as the ability conferred upon a person, by the law to determine by his own will directed to that end and the rights, duties, liabilities or other legal relations either of himself or other persons. Power resembles Liberties and differ from Rights in strict sense, in so much as they have no duties corresponding to them. Adebtis not something as a right of action for its recovery. Formeris a right in strict sense with corresponding duty of debtorto pay. Latter is legal power corresponding to liability of debtor.

Power is eitherability to determine the legal relations of other persons i.e. authority or ability to determine one’s own i.e capacity. In other words, Authority is power over others and Capacity is power over self.

Immunity

Immunity connotes exemption. It means an examination from enforcement of duty by the Courtor State, thusdisabling the person who otherwise would have a legal right.

Co-relatives

Right – Duty

Liberty – No Right

Power – Liability

Immunity – Disability

Right & Rights

Hear, a brief mention may be made of Right and Rights. Rights are one’sindividual interests enumeratedin law, while Right connotescollection of all individual rights accrued to all persons. It is in this nature that we have rightsbut what the Lawupholdsis “Right” i.e.alright collectively at the same time.

To add to this discussion, one may refer to Human Rights, those that are fundamental and germaneto human life and cannot be alienated or foresaken.Indian constitution also enumerates them as Fundamental Rights. But the whole idea is of Human Right or Justice which we may recall is in its very nature abstract. Rightare its limbs that we mayfeel or touch and define, but to define the whole is a task yet to be achieved.