Interrelationship Between Rights And Duty Flashcards
Concept Of Right
- Inherent entitlements that individual possess ensuring their Freedom, Protection and Participation in society.
- Justified claim to a certain kind of Positive and Negative Treatment from others i.e
- Support from others
- Non-Intervention of Others
Diagram Of Right
- C laim
- I nterest
- P ower
- L iability
- F reedom
- W ill
- P rivilege
- C apacity
For Example:
- A person has the Right to Education [ Article 31 ], which means they are entitled to access quality education without discrimination.
- A person has the Right to Vote, which means they can choose their representatives in the government.
Definitions of Right
Austin- ‘‘A person has a right when another or other person are bound or obliged by law to do or forbear towards the n regards of him.’’
Salmond- ‘‘A right is an interest recognized and protected by a rule of right. It is any interest respect for which is a duty and disregard for which is wrong.’’
Case Laws
Achyut Prasad Kharel
v.
OPMCM,2061
Supreme Court ruled to provide right to privacy to the women’s reputation and her family in cases related to sexual offence.
Concept Of Duty
- Generally, Duty means that some person has
To do something
or
Abstain from doing something
in favor of another person.
- Duties are an obligatory act.
It is a terms that conveys a sense of moral commitment or obligation to someone or something.
Diagram of Duty
Performance
-To Pay Tax
- To Abide by Law and Constitution ( Article48)
Prohibit
-Homicide(Section177 of Muluki Criminal Code)
- Discrimination (Article24)
Example of Duty
- A persons duty to pay taxes on time as required by law.
- Article 48 of Constitution of Nepal
- To safeguard the Nationality, Sovereignty And Integrity of Nepal,
- To abide by Constitution and Law,
- To render Compulsory Service to State when required,
- To protect and preserve Public Property
Definitions Of Duty
Salmond- ‘’ A duty is an obligatory act; that is to say the opposite of which would be wrong.’’
Hibbert- ‘’ Duties are imposed on persons and requires act or forbearances which are their object.’’
Case Law For Duty
Bhoj Bdr KC
v.
Nepal Government, 2074
Supreme Court ruled that everyone have a duty to ensure that others right are not breached should be taken into account while exercising their own rights.
Correlation Between Rights And Duty
(Concept)
Interrelationship between rights and duties refers to the idea that rights are often accompanied by corresponding responsibilities or duties.
In society, Enjoyment of certain rights is balanced by the fulfillment of corresponding obligations.
Jurist View
Ramayana teaches that
-Rights and Duties are interconnected
- We have rights because we have duties.
- When we fulfill our duties, we are upholding our rights.
- When we uphold our rights, we are fulfilling our duties to others.
- On the basis of Origin
Rights often arises from societal agreements, laws or ethical principles and they gran certain entitlements and freedoms to individuals.
However, the exercise of these rights is balanced by corresponding duties to ensure responsible and ethical behavior.
For Example:
Having the right to drive comes with the duty to follow traffic laws and drive responsibly, ensuring safety of yourself and others on the road.
- Indirect Relationship
Right to Free Speech; While individuals have the right to express their opinions, the duty associated with this right is less direct.
The duty here is not imposed by an external party like State, but rather it is a societal expectation.
The indirect duty is for individuals to use their freedom of speech responsibly and considerately, avoiding harm to others reputations or incitement of violence.
- On the basis of Isolation
When individuals are alone or in isolation, even in such circumstances, rights and duties remain relevant.
Consider the right to personal privacy; When someone is in isolation, they still retsin the right to privacy. however tye corresponding duty in this context is self imposed.
The duty to respect one’s own privacy and not engage in activities that might compromise it.
- Parallel Relationship
In the context of property ownership, Individuals have the right to own property, enabling them to Use and enjoy it as they see fit.
The corresponding duty is to take care of the property, maintain it, and ensure that its use doesrit negative impact the rights of neigh boring property owners.
As rights are granted, duties naturally accompany them to ensure a fair and responsible societal balance.
Jurists view point on Relationship between Rights and Duty
1.Salmond
According to Salmond,
No rights exists without corresponding duty and vice-versa.
For Example:
1.The right to life of one person imposes a duty on others not to kill that person.
- The right to free speech imposes a duty on others not to censor or supress speech
- Paton
According to Paton “Rights and Duties are two sides of a single coin.’’
Paton also said that “Rights and Duties are not merely legal conceptions, but also moral conceptions, and that they are based on the moral principle of reciprocity.
For example:
1.The right to property imposes a duty on others not to steal from us.
- The right to a fair trial imposes a duty on others to give us a fair trial.
- Professor Laski
According to Laski,
There is a four-fold connection between rights and duties.
i) My right implies your duty
Article 28
Right to Privacy; I have right to privacy, you have the duty to respect my privacy.
ii) My Rights imply my duty to admit a similar night of others.
Other person also have Right to Privacy, hence I must respect their privacy
iii) I should exercise my right to promote social good
Article 17
Freedom of Opinion and Expression;
I must exercise by right to create unity and solidarity in society and should enjoy my right for social harmony.
One should avoide hate speech or anything that brings disharmony in society
iv) Since the State guarantees and maintains my rights I have the duty to support the state
Being citizens, one should be abide by the laws or nation and must ensure fulfillment of legal duty like paying tax and voting.
And one should always be ready to serve nation it required as mentioned in Article 48 of constitution of Nepal
- Hohfeld
Holfeld identified eight different types of jural relations, which are the basic units of legal analysis.
Jural Relations Diagram
Right . . Liberty
Duty. . No Right
Next Diagram
Power. . Immunity
Liability. . Disability
Jural Correlative
- Right-Duty.
- Liberty -No Right.
- Power - Liability
- Immunity- Disability
Jural Opposite
- Right- No right.
- Liberty-Duty.
- Power -Disability.
- Immunity -Disability.
Hence,
From the given pigure we can clearly assert rights and duties are correlated ie Hohfelds theory establishes the coorelation between righ and duties
Constitutional Provision
Fundamental Rights are granted for citizen in from
Article 16 to Article 46
as well as
Fundamental duty of citizens are provisioned in
Article 48 of the Constitution of Nepal,
which reflects the relation between rights and duties.
Case Law
Amarnath Jha
v.
OPMCM,2078
This case recognized the right of food and health education as well as employment of flood affected people.
Thus, The decision has imposed the duty upon state to construct dams and also to compensate those affected by flood.
Exception to Co-relation & between Right and Duty
- JS Mill
Pointed out that a prisoner may be said to have a right to be imprisoned because Jailor is bounded by law to imprisonment.
In this care, Imprisonment is not right,
but is only a disability imposed by the sanction of law.
- Austin
Pointed out that right and duties are A co-related but not always.
Relative Duty - There is corresponding right.
Absolute Duty- There is not corresponding right.
Austin Exception
Absolute Duty
- Duty Towards Self
- Duty Towards Duty
- Duty Towards God
- Duty Towards Animal
Conclusion
“Right” and “duty” are two side of same coin ; rights grant freedoms, while duties ensure responsible coexistence.
Overall, the relationship between rights and duties is one of mutuality, we have rights because others have duties and we have others have rights. This relationship is essential for the smooth functioning of society.
Case Law
National Human Rights Commission
v.
Nepal Government,2020
Supreme Court ruled that government should Provide free and compulsory education to all. children whose right to education has been breached.
