Rights and duties go hand to hand and are co-existent in most cases
Supreme Court in one case [(1998)8SCC296) had explained as –
“ Right is an interest recognized and protected by moral and legal rules. Respect for such interest would be a legal duty…..If there is a legal right vested in a person, he can seek protection against a person who is bound by a corresponding duty not to violate that right”.
In another case (State of Rajasthan versus Union of India) the Hon’ble Apex Court had said –
“In a strict sense, legal rights are co-relative of legal duties and are defined as interests which the law protects by imposing corresponding duties on the others. But in a generic sense, the word “right” is used to mean immunity from the legal power of another. Immunity is an exception from the power of another in the same way as liberty is an exception from the right of another.
Immunity, in short, is no subjection.”
As per Salmond on Jurisprudence
“ A duty is an obligatory act i.e. it is an act the opposite of which would be wrong.”
Thus duties and wrongs are generally co-related. The commission of wrong is the breach of duty and the performance of a duty is avoidance of wrong hence we could say that rights, duties, and wrong are co-related and becomes the basic structure of the whole legal system.
If a person owes his duties (both moral and legal) to responsibilities then he is not only avoiding the wrongs in the society but is also protecting the rights of some other person in the same society. In our constitution Part – III is dedicated for “Fundamental Rights” and part-IV A is given for “Fundamental Duties”.
Every citizen of India has to understand the importance of Fundamental Rights and Fundamental Duties along with the wrongs associated with them so that a rational approach and rule of law could be established for the promotion and harmony of the citizens of the society, the States, and the Nation.
On the occasion of Republic Day 2022, let’s take an oath that we shall fight for our legal rights before the court of law along with obeying our legal as well as moral duties towards the society, the state, the nation, and the general public at large.
(ADV. PAWAN KAUSHIK)
Writer is an eminent counsel at Supreme Court of India
Content is submitted by the writer and conveys his personal views