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The Relationship Between Rights And Duties

As with any sport that has its own set of rules, each country has its constitution. These rules are in place to safeguard the supreme government's structure. What is a game if there are no rules? There are no rules and no order. Without rules, the line between humans and animals is razor-thin. Each country has a constitution because they operate according to certain rules and principles. The constitution is the fundamental law that not only establishes the state's powers and responsibilities but also reflects the popular will.

"The Constitution is not merely a legal document; it is a vehicle for Life, and its spirit will always be that of the Age." - Dr. Babasaheb R. Ambedkar.

The Constitution is a collection of principles outlining the duties and rights of citizens, as well as the relationship between them. It encompasses all rules that directly or indirectly affect the distribution or exercise of sovereign power in a country. It is a collection of Fundamental Political Institutions in its simplest form. The Constitution, in a nutshell, establishes the framework for all forms of government. In a constitutional democracy, the state establishes citizens' rights and duties in order for society to coexist peacefully. Occasionally, however, the state imposes such duties on its citizens that they violate the rights of marginalized groups in society.

As a result, the primary source of concern is the imprecise language used to describe duties (as their interpretation is left at the discretion of the State). As a result, 'citizen duties' are prone to be abused as a means of imposing the State's or social majority's will on vulnerable segments of the population.

Without certain fundamental conditions of social life, no one can generally be his or her best self. These are the necessary conditions for the individual's and society's health. Only when individuals obtain and exercise their rights are they able to develop their personalities and contribute their best services to society. Rights and duties are inextricably linked and cannot be separated. Both go hand in hand. These are the polar opposites of one coin. If the state grants a citizen the right to life, it also imposes an obligation on him to avoid dangers to his life and to respect the lives of others.

If I have the right to work and earn money, it is also my responsibility to acknowledge the same right in others. Only in the world of duties can rights be possessed. Each right is accompanied by a corresponding obligation. When individuals fail to carry out their duties properly, all rights become meaningless. "I can exercise my rights only if others permit me to do so as well. I have a "right to life," and it is the responsibility of others to respect that right and refrain from causing me harm." Rights are not the exclusive property of a single person. These are distributed equally to everyone.

This means that "others have the same rights as I do, and it is my responsibility to ensure that they are exercised." Laski is correct in asserting that a man's right is also his obligation. It is my responsibility to respect the rights of others and to exercise my rights in the public interest. Societies give birth to rights. As a result, while exercising rights, we must always seek to advance social interests. Each of us has a responsibility to use our rights to advance the general welfare of society.

Due to the state's role in defending and enforcing rights, it becomes a duty of all citizens to be loyal to the state. They are responsible for adhering to state laws and paying taxes honestly. Citizens should be prepared to defend the state at all times. Thus, a citizen possesses both rights and obligations. He has rights and fulfills his duties. The terms "Rights" and "Duties" are synonymous.

What Are Rights?

Every citizen in India has been granted the right to live in liberty. However, these rights are enforceable only when another person intends to commit an act. Additionally, citizens have a responsibility to protect the rights of other members of society. As a result, duty and rights are inextricably linked. When one person violates a duty, another person's right is violated. I'd like to discuss the jurisprudence of rights and duties in this article, as well as their relationship to one another.

To gain a better understanding of the concept of rights, let us examine the various definitions of rights offered by prominent jurists.

John Austin - Austin stated that "a party has a right when another or others are bound or obligated by law to do or abstain from doing something toward or in regard to him." Jhering defined rights as "legally protected interests." The law does not safeguard all of these interests. Men's interests conflict and the law is the rule of justice, protecting only certain interests.

Salmond - defines a right as an interest that is protected by law. To be interesting, it should not only be recognised, but also legally recognised.

Holland - Holland defined legal rights as the "capacity of one man to control, with the consent and assistance of the state, the actions of others." He construed the term in accordance with Austin's definition.

Additionally, the Supreme Court of India defined right as follows in State of Rajasthan v Union of India [AIR (1977) SC 1361]: "In the strict sense, legal rights are correlatives of legal duties and are defined as interests that the law protects by imposing corresponding duties on others. However, in a broader sense, the term 'right' refers to immunity from another's legal power; immunity is an exemption from another's power in the same way that liberty is an exemption from another's right. Immunity, in short, is not subjection."

The Components Of Legal Rights

According to Sir John Salmond, each legal right is comprised of five fundamental components:
  • The Person of Inherence:
    The subject matter is referred to as the Person of Inherence. In simple terms, it refers to who has the right. There is no such thing as a right without a subject. The person of inherent worth encompasses not only an individual but also society as a whole.
  • The Person of Incidence:
    A person who is obligated to respect another person's rights is referred to as the Person of Incidence. In general, this means that if someone has violated his duty, the other party has a right against him.
  • The Right's Contents:
    The right's contents include the fact that the person is obligated to perform an act.

The subject matter of a right is whatever the act or omission relates to; it is the thing over which a right is exercised. This may be referred to as the right's object or subject-matter. Although some writers argue that certain rights are self-contained.
Salmond has also incorporated the fifth element, namely "title." He states that "every legal right has a title, which refers to the facts or events by which it was acquired from its previous owner."

Various Types Of Legal Rights

The Indian Constitution protects individuals' rights.

The Indian Constitution guarantees certain rights to its citizens, dubbed Fundamental Rights, which are regarded as the most important rights. If any of these rights are violated, the individual has the right to petition the Supreme Court of India or a High Court for the purpose of enforcing the rights.

The Court guarantees the following rights:
  • Equal Rights (Article 14)
  • Right to liberty (Article 19)
  • Anti-Exploitation Rights (Article 23 and 24)
  • Religious Liberty (Article 25)
  • Death Penalty (Article 21)
  • Constitutional Rights to Redress (Article 32)

Protection Of Legal Rights

A legal right may be enforced through a state-established Court of Law. In general, a legal right is enforced through the award of damages in civil cases. IF DAMAGES ARE NOT ENOUGH, THE OBJECT MAY BE RESTORED. Additionally, the court may order specific performances. Alternatively, the court may grant an injunction to enjoin a party from enforcing a legal right. The Specific Relief Act, 1963, makes reference to the injunction law. It is a restraining writ that prohibits a party from engaging in conduct that interferes with the plaintiff's enjoyment of his legal rights.

What Are Duties?

In general, a duty is an obligation, while a right is a privilege. They may exist as a matter of morality or law. For instance, a person may have a moral obligation not to injure another's feelings. However, case law and statutes establish the legal framework or parameters for determining when defamatory communications constitute defamation and the procedures for seeking redress.

A duty is an obligation that a person owes to another person. If a person violates his duty and infringes on another's right, he must bear the consequences of the violation. Numerous distinguished jurists have also defined duty in the following manner.

Keaton - A duty is an action that should be enforced by the state in order to protect the people's rights and also to protect their interests.
Salmond - A duty is an action that every citizen is obligated to perform in furtherance of the protection of other people's rights.
A duty can be classified into two types: moral and legal.

Duties Classification

Duties Are Classified As Follows:

Principal and Secondary Responsibilities:
A primary duty that exists independently of all other duties and is not dependent on them. On the other hand, a secondary duty, also known as a remedial duty, is one that is contingent upon other duties.

Positive and Negative Duties:
Positive duties are those that are prescribed by law, while Negative duties are those that are prohibited by law.

Austin has classified duties into absolute and relative. Relative duties are those that are related to a particular right, whereas absolute rights are those that are unrelated to any particular right.
Austin has also been granted absolute rights:
  • Self-regarding obligations, such as a duty not to commit suicide or to abstain from drugs or alcohol, are also included.
  • Duties to society, for example, a duty not to cause a nuisance.
  • Duties owed to entities other than human beings, such as God or animals, birds, and so forth.
  • Obligation to the sovereign or state.

The Indian Constitution Enlarges The Scope Of Duties

Article 51A of India's constitution imposes certain obligations on every citizen. According to Article 51 A of the Indian constitution, "it shall be the duty of every Indian citizen."
  • To uphold the Constitution's provisions and the National Flag and National Anthem;
  • To safeguard India's sovereignty and integrity;
  • To adhere to the noble ideals of national conflict
  • To protect the country and assist in national service when called upon
  • To safeguard the country's national heritage;
  • To promote and preserve the brotherhood of the Indian people.
  • To safeguard women's dignity
  • To safeguard the natural environment, which includes forests, lakes, rivers, and wildlife;
  • To safeguard public property and to avoid violence; To contribute to the nation's development in all spheres.

A Comparative Analysis Of Fundamental Responsibilities And Fundamental Rights

Fundamental Rights and Fundamental Duties are both derived from the Constitution, with the distinction being in the connotation of the terms 'Rights' and 'Duties'.

A fundamental right is guaranteed to all citizens and is enforceable by law; if an individual's fundamental rights are violated, the individual has the right to bring an action in court. Thus, an individual right to free speech, education, and shelter, among other things, constitutes one's fundamental rights - impregnable, untouchable, and unrestricted (subject to reasonable restraints in the interest of national security, public order, decency, morality, etc). As a result, one can assert that rights are legally recognisable.

On the other hand, fundamental duties are not legally enforceable. It is the responsibility of both states and individuals to contribute to social welfare. Thus, the duty to preserve one's heritage, to respect national symbols, to keep one's surroundings clean, and so forth, is one that cannot be redressed in the courts but is expected to be followed in good faith to ensure a well-functioning society. Thus, it can be said that duty is moral in nature; there are no consequences for failing to perform one's duty; however, if one's rights are violated, there are legal consequences for infringing one's right to enjoyment.

Relationship Between Rights And Duties

The Indian constitution, as the country's supreme law, serves as a guide for all its citizens by establishing the framework for various fundamental rights. Two of these fundamentals are - each citizen's rights and responsibilities. "Every right entails a responsibility; every opportunity entails an obligation; and every possession entails a duty," as correctly stated. Which is why, whether it's legal, political, social, or economic, or anything else, Rights and Duties go hand in hand. The right to receive something entails the obligation to pay for it.

The Fundamental Rights and Fundamental Duties provisions of the constitution specify the state's fundamental obligations to its citizens, as well as the citizen's duties and rights toward the state. Fundamental Rights are nothing more than all citizens' fundamental human rights. These are universally defined, regardless of birthplace, caste, gender, religion, or creed. Fundamental Duties, on the other hand, are all citizens' moral obligations to contribute to the promotion of patriotism and to uphold India's unity. The constitution establishes six fundamental human rights: the right to equality, freedom, and liberty from exploitation, the right to religious freedom, the right to cultural and educational freedom, and the right to constitutional protection.

Simply put, the right to vote entails the obligation to vote for a candidate who, in your opinion, will bring the best out of this country. The right to live in a healthy environment is accompanied by the responsibility to keep it clean and healthy. The right to live freely is accompanied by the obligation to refrain from interfering with the lives of others. Similarly, the right to drive a vehicle entails the obligation to follow all applicable government rules and regulations. The right to utilise various government services such as transportation comes with the obligation to pay taxes under the applicable provisions.

The freedom of expression is constrained by defamation laws, national security, and the need to maintain public order. These limitations imply an individual's obligation to respect another's right. Religious liberty implies an obligation to respect all religions equally. Similarly, all rights imply some obligations in some way. The eleven fundamental duties enshrined in the Indian Constitution include the obligation to respect the Constitution of India, the National Flag, the National Anthem, and the national struggle for freedom, as well as the obligation to safeguard India's sovereignty, unity, and integrity, natural environment, rich heritage, composite culture, and public property, as well as the obligation to promote brotherhood, scientific temper, education, and collective activity.

Other responsibilities include the following: staying informed about and participating in community issues; obeying and respecting federal, state, and local laws; respecting the opinions and beliefs of others; participating in community meetings; adhering to traffic rules; paying taxes on time; and, most importantly, defending the country when necessary.

According to the Universal Declaration of Human Rights, "everyone owes obligations to the community in which his or her personality can develop freely and fully." International conventions anticipated the necessity and significance of rights and obligations coexisting. Without complementary fundamental rights and obligations, it is impossible to establish deep roots of Democracy in a society. If everyone desires the privilege of rights but no one desires the responsibility to fulfil obligations, government will devolve into anarchy. Individual rights are analogous to pursuing benefits from development, while duties are analogous to contributing to development. Individuals frequently disregard their obligations in favour of pursuing only their rights.

It's akin to desiring fruits from the harvest but being unwilling to get one's hands dirty during the cultivation process. If this is the case, no individual can survive in a democratic nation. The concept of a "Responsible Citizen" exemplifies what it means to be an individual who is responsible enough to carry out his responsibilities while also exercising his rights. The beauty of a democratic country is found in its balance of rights and responsibilities. This not only contributes to the development of an individual's personality, but also to the overall development of the country. In general, the relationship between rights and obligations is quite straightforward. We live in an interdependent world.

"As much as self-sufficiency is and should be the ideal of man, interdependence is and should be as well. Human beings are social creatures." Gandhi, Mahatma Thus, it is self-evident that one's right is necessary for another's duty. For someone to be able to exercise their rights, someone else must perform their duties with the utmost obedience. Only then will we be able to protect our rights. Because regardless of how good a constitution is, if we do not adhere to every word of it, it is as good as any piece of paper. However, as correctly stated, "Constitutional morality is not a natural emotion." It must be nurtured."

Most jurisprudential discussions of the relationship between rights and duties in the field of law begin with Wesley Hohfeld's analytical work, which argued that rights confer both a legal advantage (as 'claim rights') and correlative duties (Hohfeld, 1923).

According to Hohfeld, because exercising a right entails requiring someone to act (or abstain from acting) in a particular manner, the right must also impose some form of obligation. By applying Hohfeld to the context of human rights, we can see that the state is charged with the correlative duty of a legal right. For example, the ECHR right to life imposes a correlative negative duty on states to abstain from taking individual lives (except in extremely limited circumstances). Correlations such as this one between a claim right and a corresponding duty serve as a litmus test for determining whether a legal stipulation is a 'right in the strict sense' (Hohfeld, 1923).

Contemporary legal theory has developed a more nuanced account of rights than one based solely on the legal relationships between rights and obligations.

Indeed, the majority of legal theorists now agree that viewing rights - particularly human rights - as generating a 'cluster' of duties and obligations is more useful. These can be used to prevent the state or private parties from interfering with individual liberty, or they can be used to require action or resource allocation to fulfil the right (Fredman, 2008). Additionally, these contemporary accounts of rights draw on moral theory to convey the justificational nature of human rights. Thus, human rights are viewed as the moral and political justification for the imposition of rights-based obligations, and as such, rights take precedence over obligations (Eleftheriadis, 2008). In other words, duties exist because rights provide the moral and political justification for their existence. Once human rights are codified into law, this view holds that the logical precedence of rights over duties is accepted.

In this light, it is critical to remember Dr B.R. Ambedkar's words in the Constituent Assembly, that the fundamental unit of the Constitution is and will always be the individual. The definition of 'Duties' and the debate that surrounds it should include the obligations of those in positions of power. Those in positions of power should not use it to exploit those over whom they exercise control. Only after ensuring that everyone receives the full measure of humanity, dignity, equality, and freedom guaranteed by the Constitution can we ask them to perform their duties. Only after ensuring everyone's humanity, dignity, equality, and liberty, as guaranteed by the Constitution, should the burden of 'following the duties' be placed on citizens.

At this philosophical level, the notion that 'duties precede rights' or that rights are derived from duties (HC, 1998a, Straw; HC Committee, 1998b, Gummer) is incompatible with the liberal proposition that rights must take precedence over duties. Asbjrn Eide, President of the Advisory Committee on the Council of Europe's Framework Convention for the Protection of National Minorities, has argued that 'human duties should be derived from human rights and their sole purpose should be to strengthen the respect for and protection of human rights' (Eide, 1999). At the level of legal theory, unless duties are viewed as correlatives of rights and are explicitly linked to established rights, they will imply a rejection of liberalism (respect for the individual and an insistence that state coercion must be justified).

Thus, political arguments that duties come before rights can have real implications for constitutional and legal structures. They are not merely rhetorical statements. They are in direct opposition to the liberal values that underpin human rights. In short, there is a real risk that a self-contained discourse about duties that is unconcerned with rights will end up undermining rights (whether we want it to or not). Thus, the remainder of this chapter will consider how 'duties' can be expressed in a way that is consistent with a liberal rights project.

  • Monika,
  • What Are Rights And Duties. 13 April 2019,
  • Rights and Duties, Prof. Narender Kumar
  • Constitutional Law Of India, (Allahabad Law Agency, Haryana 8th Edn., 2011). Dr. B.N. Tripathi, Jurisprudence Legal theory (Allahabad Law Agency, Haryana, 7th Edn. 2010).

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