The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.

1. RIGHTS AND DUTIES
SHIVAM JAISWAL
LLM. 3RD SEMESTER
DEPARTMENT OF LAW
UNIVERSITY OF NORTH BENGAL

2. RIGHTS AND DUTIES ARE LEGAL CONCEPTS
• Legal concepts are basically those tools of a judge which helps her/him in
acknowledgement of rights and duties of the parties and consequentially
forming a reasoned decision while adjudication of any dispute. Legal concepts
include rights and duties, ownership and possession, liability, privileges,
immunity, etc…
For example- Just like a carpenter who requires certain tools like handsaw, nail,
drill, pencil, etc.. to make a strong furniture; in the same manner a Judge also
requires the existence of legal concepts to make a decision.

3. RIGHTS
RIGHTS
MORAL RIGHTS
(de facto interests)
(Not Enforceable by law)
LEGAL RIGHTS
(de jure interests)
(Enforceable by law)
 RIGHT: There is no universally accepted definition of the term ‘Right’. However, ‘Right’ can be
understood as a remedy which is available for any wrong or against any corresponding duty. ‘Ubi
jus ibi remedium’ (i.e., where there is right, there is a remedy) is a well-founded legal maxim in
this respect.
 MORAL RIGHT: A moral right can be understood as an interest of an individual which is
protected and recognized only by the principles of morality. The violation of moral right is only
considered as moral wrong and not legal wrong as such right is not given the protection of law.
For Example: It is moral right of Parent to command respect from their children, but if children
violate it, it is only a moral wrong, as there is no legal sanction for not respecting parent’s orders.

4.  LEGAL RIGHT: A legal right is an interest of an individual which is recognized and protected
by rule of law and violation of which will be considered as a legal wrong.
For Example: It is the legal right of old-aged parents u/s 125 of Cr.P.C. 1973 to claim maintenance
from their major child who despite having sufficient means has failed to maintain his parents. The
violation of such right is considered as a legal wrong.
when recognized and protected by Legislature becomes
MORAL RIGHTS LEGAL RIGHTS
 Sir John Salmond: Right is an interest recognized and protected by a rule or justice. It is an interest in respect of
which there is a duty and disregard of which is wrong. (Rights and Duties are co-related and inseparable)
 John Austin: A Party has a right when another or others are bound or obliged by law to do (act) or forbear
(omission) towards or in regard of him. (Every right has its corresponding duty enforced by law)
 Rudolph Von Ihering: Right is a legally protected interests. (Right means an interest protected by law)

5. The hon’ble Supreme Court of India explained concept of legal right in the case of State of
Rajasthan v. Union of India, AIR 1977 SC 1361:
“Legal rights are correlatives of legal duties and are defined as interests which the law protects
by imposing corresponding duties on others. But in a generic sense, the word ‘right’ is used to
mean an immunity from the legal power of another, immunity is exemption from the power of
another in the same way as liberty is exemption from the right of another, immunity, in short, is
no subjection.”

6. Essential Elements of Legal Right
SUBJECT OF
RIGHT
The person in
whom the right
resides or the
person who is
legally entitled to
such right is
considered as the
subject of right.
For e.g.
Ram purchased
house of Rs. 50,
000. Ram is
Subject of Right.
OBJECT
The thing over
which the right is
exercised is called
‘object of right’.
For e.g.
Ram purchased
house of Rs. 50,
000. House is
Object of Right.
CONTENT
The content of
right means the
extent to which
the subject
(owner) of right
can exercise his
right over the
thing.
For e.g.
Ram has an
absolute right to
dispose his house
through any
means.
SUBJECT OF
DUTY
The person
against whom the
subject (owner) of
right can exercise
his/her rights.
For e.g.
Ram purchased
house from
Shyam. Shyam is
Subject of Duty
whose duty is to
give posession of
house to Ram.
TITLE
Title is the
process by which
the right is vested
or conferred.
Purchase, gift,
Lease, etc confers
title on a person.
For e.g.
Ram transferred
the possession of
his house to
Shyam under the
title of Lessor.

7. THEORIES OF LEGAL RIGHTS
1. Will Theory of Legal Rights:
 According to this theory, a right is an inherent attribute of the human will. The theory suggests that it is
through a right that a man is able to express his will over an object.
 Jurists who support this theory are Hegel, Kant, Hume and other German historical jurists.
 According to Puchta (an eminent jurist), a legal right is a power over an object which by means of his right
can be subjected to the will of the person enjoying the right. (e.g. It is only through right to vote that one
can express his political will).
2. Interest Theory of Legal Rights:
 This theory was been propounded by German Jurist, Rudolph Von Ihering, according to whom a legal right
is a legally protected interest.
 According to Ihering, basis of legal right is ‘interest’ and not ‘human will’, as the purpose of law is to protect
the human interests and to reach a balance between the conflicting interests.
 Interests may be categorized into Individual, Public and Social interests and in case of conflict between
these, the task of the Courts and Legislators is to strike a balance between the conflicting interests and
provide legal protection to each of the interests. (Balance between Right to Religion and Right to Equality)

8. CLASSIFICATION OF LEGAL RIGHTS
1. PERFECT AND IMPERFECT RIGHTS
2. POSITIVE AND NEGATIVE RIGHTS
3. RIGHTS IN REM AND RIGHTS IN PERSONAM
4. RIGHTS IN RE PROPRIAAND RIGHTS IN RE ALIENA
5. PROPRIETARY AND PERSONAL RIGHTS
6. LEGALAND EQUITABLE RIGHTS
7. VESTED AND CONTINGENT RIGHTS
8. PUBLIC AND PRIVATE RIGHTS
9. PRINCIPALAND ACCESSORY RIGHTS

9. DUTIES
 The idea of duty is rooted in the idea of obligation to give something in return. It is commitment to someone (duty
towards person) or something (duty towards property).
 In a laymen’s view, duty refers to an obligation ‘to do something’ or ‘abstain from doing something’.
DUTY
Moral Duty Legal Duty
Breach of moral duty is
called moral wrong
which is not backed by
sanction (punishment)
Breach of legal duty is
called legal wrong
which is backed by
sanction (punishment)
Not respecting
elders is a moral
wrong for which
there is no
sanction
(punishment).
Not respecting
law of the land is
a legal wrong for
which there is
sanction
(punishment).

10. DUTY AS EXPLAINED BY JURISTS
 Sir John Salmond: A duty is an act which one ought to do, an act the opposite of
which would be wrong. (Duty has been defined by Salmond in a positive manner.
Salmond has failed to throw light on forbearance (or Omission) as well as the
difference which lies between moral and legal duty.)
 Keeton: A duty is a forbearance which is enforced by a State in respect of a right
vested in another and breach of which is wrong.
 The concept of ‘Dharma’ as made out in Hindu Jurisprudence is promulgated in
form of ‘Positive duties’ (Vidhi) and ‘Negative duties’ (Nishedh).
(for e.g.: Indian Penal Code, 1860 which provides for the offences and as well as
punishment for those offences indirectly imposes legal duty not to engage oneself
in commission of any offence. If any individual does not abide by this legal duty,
he is said to have committed a legal wrong).

11. CLASSIFICATION OF LEGAL DUTIES
1. UNIVERSAL, GENERALAND PARTICULAR DUTIES (Given by Edward Jenks):
According to Jenks
 Universal duties are those, which are binding on all normal citizens of the community. (Duty to obey
traffic rules; Duty to get vaccinated; Duty not to commit any legal wrong; Duty not to harm
environment).
 General duties are those, which are binding on specific classes of normal persons. (for e.g. Public
Servant within the meaning of Section 21 of I.P.C.).
 Particular duties are those, which are binding between the persons who have voluntarily undertaken
them. (for e.g. Parties to the contract are particularly obliged towards the terms and conditions of the
contract which they have voluntarily entered into with free consent and consensus ad idem).

12. 2. PRIMARY AND SECONDARY DUTIES
Primary Duty: A primary duty is one which exists ‘per se’ and is independent of any other duty.
(For e.g.: To forbear or abstain from committing injury to another is a primary legal duty)
Secondary Duty (or Remedial Duty): A secondary duty is one which has no independent existence and but is
ancilliary and exists for the enforcement of some other duty. A secondary duty is also called sanctioning or
remedial duty.
(For e.g.: A duty to pay damages/compensation to another person for the injury or loss caused to him is a
secondary duty or remedial duty).
3. POSITIVE AND NEGATIVE DUTIES
Positive Duty: When law obliges a person to do an act, it is called positive duty.
For e.g. Ram lends Rs. 10,000 to Shyam. Shyam, therefore has duty to repay Rs. 10,000 to Ram. Shyam’s duty
out here is a Positive duty.
Negative Duty: When law obliges a person not to do or abstain from doing an act, it is called negative duty.
For e.g. It is the duty of Ram not to enter into private land of Shyam without his consent, otherwise it will lead
to trespass to land. Ram’s duty out here is a Negative duty.

13. 4. ABSOLUTE AND RELATIVE DUTIES (GIVEN BY JOHN AUSTIN):
According to John Austin, rights and duties are interdependent. He has classified duties into absolute and relative.
CLASSIFICATION OF DUTIES BY
AUSTIN
ABSOLUTE DUTIES
RELATIVE DUTIES
Absolute duties are those that do not have any
corresponding rights. According to Austin there
are four absolute duties against which there
are no corresponding rights.
These are:
 Duty towards those who are not humans
 Duty towards public at large.
 Self-regarding duties
 Duties towards the Sovereign or State.
Relative duties are those for which there is a
corresponding right.
For e.g. Sita (purchaser) enters into an
agreement with Gita (seller) to purchase Gita’s
house. Gita’s duty (relative duty) to sell her
house to Sita emerges from her corresponding
right to demand monetary consideration from
Sita in exchange of house.

14.  Self-Regarding Duties: A duty not to commit suicide; Duty not to
consume Liquor or Drugs.
 Duties owed to persons indefinitely: A duty not to commit public
nuisance.
 Duty towards those who are not humans: Duty towards animals, birds,
almighty, etc...
 Duty towards Sovereign or the State: Duty to respect secular character
of our Country.

15. Jural
Correlatives
Jural
Correlatives
Jural
Correlatives
Jural
Correlatives
Claim (Right)
Liberty (No
Duty)
No Claim (No
Right)
Duty Disability
Liability
Power Immunity
HOHFIELD’S INTER-RELATIONSHIP OF JURAL CONCEPTS
The vertical arrows in the below specified tables connect jural correlatives (i.e., correlative of right
is duty; and correlative of liberty is no claim (or no right). Likewise, the correlative power is
liability; and correlative of immunity is disability).