Rights and Duties, Law

Rights and Duties
Introduction
Definition
Kinds of Rights
Classification or Kinds of Rights
Legal or Moral Rights
Kinds of Legal Rights
Duty
Classification or Kinds of Duties
Conclusion

1. RIGHTS & DUTIES Presented by: Umar Farooq

2. Rights and Duties Rights are those claims which are necessary for the growth of individuals. Society give recognitions to these claim and state enforces these claims. In simple words, it is an interest which is recognized and protected by a rule of right. For example: right to life under Article 21of the Indian constitution.

3. Rights and Duties Definition: According to Laski, “Rights are those conditions of social life without which no man can seek in general, to be himself at his best.” T. H. Green explained that “Rights are powers necessary for the fulfillment of man’s vocation as a moral being.”

4. KINDS of RIGHTS

5. Classification or Kinds of Rights Natural Rights: Natural rights are parts of human nature and reason. In it, they enjoyed certain natural rights, like the right to life, right to liberty and right to property. Legal Rights: According to Gray: A legal is that powers which a man has to take a person or person do or refrain from doing a certain act or certain acts, so far as the power arises form society imposing a legal duty upon a person or persons. Moral Rights: Moral Rights are those rights which are based on human consciousness. They are backed by moral force of human mind. These are based on human sense of goodness and justice. These are not backed by the force of law. Sense of goodness and public opinion are the sanctions behind moral rights.

6. KINDS of LEGAL RIGHTS Economical Rights Political Rights Civic Rights Economical Rights Right to Work Right to Property Security Right to Fix Hours of Work Right to Economic Right to Rest and Leisure

7. 2. Political Rights Right to Vote Right to Contest Election Right to hold Public Offices Right to form Political Parties and Association etc. Right to Criticize The Government Right to Information

8. 3. Civil Rights Right to Life Rights to Personal Freedom Right to Education Rights to Religious Freedom Right to Equality Right to Freedom of Thought and Expression Right to Freedom of Movement

9. Classification of Rights Perfect & Imperfect Rights: Perfect rights recognized and enforced by law. i.e. Right to equality. Imperfect rights recognized by law but not enforced by law. i.e. Time bounded claims. Positive & Negative: Under positive right, the person has to perform some positive duty. Under negative rights, prevent a person to do some act. i.e. Right to life under 21 article of Indian Constitution. Real & Personal Rights: Under real rights the duty imposed upon people in general. i.e. Tort or Crime. Under personal rights, the duty imposed against a particular person. i.e. Contract between two persons.

10. Classification of Rights Proprietary & Personal Rights: Those rights which we can measure in term of money, which has some economic value, i.e. shop. Those rights which we cannot measure in term of money, which has not some economic value, i.e. Right to life Inheritable and Uncharitable Rights: Inheritable passed from one to another generation, this right survives even after the death of owner, i.e. Uncharitable rights die with the death of owner, i.e. Contract. Right in Repropria & Right in Realiena: A person possesses Right in Repropria with respect to his own property. Right in Realiena is the right in the property of another person. i.e. lease.

11. DUTY The word duty is derived from the word ‘Dept’ which means loan. Thus, duty is a kind loan which citizens pay in return of his rights. Duty is an obligation to do or omit to do something". In the legal sense, duty means “a legal obligation to do or not to do something.” Classification or Kinds of duties:- 1. Legal and Moral Duties 2. Positive and Negative Duties 3. Primary and Secondary Duties

12. Kinds of Duties 1. Legal and Moral Duties A legal duty is an act the opposite of which is a legal wrong. It is an act recognized as a duty by law and treated as such for the administration of justice. A moral or natural duty is an act the opposite of which is a moral or natural wrong. 2. Positive and Negative Duties When the law obliges us to do an act, the duty is called positive, and when the law obliges us to forbear from doing an act, the duty is negative. 3. Primary and Secondary Duties Primary duties are those which exist per se and independently of any other duty. And a secondary duty is that which has no independent existence but exists only for the enforcement of other duties.

13. Conclusion Rights and duties go hand in hand. Before we complain of the inadequacies of the system and claim our rights we must also consider our responsibility and fulfill the duties. Rights are those conditions of life without which are essential for the all round development of personality of individuals. Rights and duties are closely related. In the absence of one, the other becomes meaningless.

14. Thank You