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Legal Rights and Duties

15 min readUpdated Nov 1, 2026

Rights and duties are the basic units of every legal relationship. The law regulates conduct by giving a right to one person and a matching duty to another.

Take a flat that you have bought. The law gives you the right to live in it peacefully. It also places a duty on everyone else not to disturb you. No legal system can work without recognising rights and enforcing duties, and the two are linked so closely that together they keep order, justice and harmony in society.

  1. A legal right is narrower and more exact than the everyday word "right". In ordinary speech, a right means a claim or an advantage. In law, it has a fixed meaning.
    SalmondDefined right as

    A legal right is an interest recognised and protected by law.

    The definition has two parts. There must be an interest of a person, and the law must protect it. If the law does not protect an interest, it is not a legal right, even if it is morally desirable.

  2. Recognition by law is what turns an interest into a right. A person's interest in the privacy of his life existed long before the law protected it. In K.S. Puttaswamy v. Union of India (2017), a nine-judge bench of the Supreme Court held that privacy is a fundamental right. From that day, the interest became a right that a person can enforce.
  3. Other jurists define a right in other ways. Their definitions fall into two groups, those that stress interest and those that stress power.
Definitions of a right
JuristDefinition in shortStress
SalmondAn interest recognised and protected by lawInterest
IheringA legally protected interestInterest
AustinA faculty that belongs to a person by virtue of a law and that avails against another personPower
HollandThe capacity of one person to control the actions of others, with the help of the StatePower
GrayThe power of a person to make others do or refrain from doing an act, so far as the power comes from societyPower
Good to knowSalmond's definition is the most widely accepted. It connects four ideas. A right is an interest, the law protects it, a duty binds others, and a remedy follows if the duty is broken.
  1. Person of Inherence

    The person in whom the right is vested. He is the right-holder, which means the individual or entity who enjoys the benefit of the right. If A owns a house, A is the person of inherence of the right of ownership.

    Example: If A owns a house, A is the person of inherence of the right of ownership.

  2. Person of Incidence

    The person on whom the corresponding duty lies. Every legal right places a duty on one or more persons. If A has a right to enjoy his property in peace, all others have a duty not to interfere with that right.

    Example: If A has a right to peaceful enjoyment of property, all others have a duty not to interfere with that right.

  3. Content of the Right

    The act or omission that the right requires. It is what the person of incidence is bound to do or to abstain from doing. It shows exactly what the right allows or demands. The content of the right to property is to possess, use and dispose of the property.

    Example: The content of the right to property includes the right to possess, use, and dispose of the property.

  4. Subject Matter

    The object or thing over which the right is exercised. It may be a material object, such as land or goods. It may also be an immaterial object, such as reputation or copyright.

  5. Title

    The legal basis on which the right is acquired. It explains how the right came into existence, such as by contract, inheritance, purchase or gift. Salmond treats title as an element of a right. Keeton does not, which is why he counts only four.

Salmond says that every legal right has five elements: the person of inherence, the person of incidence, the content, the subject matter and the title.

Keeton accepts the first four and leaves out title. Salmond includes title because it shows how the right came into existence. Taken together, the five elements answer five questions about any right: who holds it, who is bound by it, what it requires, what it is about, and how it arose.

Good to knowThe five elements can be seen together in one simple case. A buys a house and receives a registered sale deed. A holds the right, so he is the person of inherence. Everyone else is a person of incidence, because each person has a duty not to disturb A's enjoyment of the house. The content of the right is to possess, use and dispose of the house. The subject matter is the house itself. The title, which explains how A got the right, is the sale deed.

Concept of Duty

  1. Salmond defined duty as a duty is an obligation recognised by law, and breaking it is a wrong. The law imposes duties so that the rights of others are respected.
  2. A duty looks at conduct, whereas a right looks at interest. A duty restricts wrongful behaviour and so keeps discipline and order in society.
  3. Austin looked at duty through sanction. For him, a person is under a duty when he is bound by a command and can be made to suffer a sanction if he disobeys. This links duty to the Analytical School's idea of law as command.
  4. A duty of care shows how a duty is owed to specific persons. In Donoghue v. Stevenson (1932), a woman drank ginger beer from an opaque bottle and found the remains of a snail in it. She became ill and sued the manufacturer, though she had no contract with him. The House of Lords held that a manufacturer owes a duty of care to the ultimate consumer. Lord Atkin explained that we must take reasonable care not to harm our "neighbour", which means anyone whom we can reasonably foresee as likely to be affected by our acts.

Positive and Negative Duties

  1. A positive duty requires a person to do something. The duty to perform a contract is an example.
  2. A negative duty requires a person to refrain from doing something. The duty not to steal and the duty not to defame are examples.

Primary and Secondary Duties

  1. A primary duty exists independently of any wrong. The duty not to injure others is an example.
  2. A secondary duty arises from the breach of a primary duty. The duty to pay damages for the injury is an example.

Absolute and Relative Duties

  1. An absolute duty is owed to society at large. The duty not to commit murder is an example.
  2. A relative duty is owed to specific persons. The duty to repay a loan to a particular lender is an example.

Correlation Between Rights and Duties

Two sides of the same coin

  1. Rights and duties are correlative and depend on each other. Salmond held that there is no right without a duty, and no duty without a right. An employee's right to wages matches the employer's duty to pay them. If the employer fails to pay, the employee's right is infringed.
  2. Not every jurist accepts that every duty has a right-holder. Austin recognised "absolute duties" that are not owed to any person. The duty not to be cruel to animals is an example. The Prevention of Cruelty to Animals Act, 1960 punishes cruelty, though animals do not hold legal rights in the strict sense. Salmond's view is the one usually followed, but this example shows that the correlation is a theory and not a settled fact.

Hohfeld’s Analysis

  1. Hohfeld said that the word "right" is used loosely for four different things. Wesley Hohfeld, an American jurist, set out his scheme in two articles (1913 and 1917). He wanted to make the language of rights exact. In his scheme, a "right" in the strict sense is only a claim. The other three ideas are privilege, power and immunity.
  2. Each idea has a correlative, which is the position of the other person.
Hohfeld's four concepts
ConceptMeaningCorrelativeExample
Right (claim)The ability to demand that another act or refrainDutyA lender's right to repayment, and the borrower's duty to repay
Privilege (liberty)Freedom to act, with no duty to refrainNo-rightAn owner may walk on his own land, and no one else can claim that he should not
PowerThe ability to change legal relationsLiabilityA court can pass a decree, and the defendant is liable to have one passed against him
ImmunityFreedom from another's powerDisabilityUnder Article 361 of the Constitution, the President and the Governors cannot be taken to court for acts of their office, so the courts have no power over them in this respect

This shows that a right is not one thing. When a person says that he has a "right" to sell his house, he is speaking of a power. When he says that he has a "right" to enter his garden, he is speaking of a privilege. Only a claim-right is matched by a duty, and separating these ideas makes legal reasoning more exact.

01Interest Theory Ihering, Salmond and Buckland support this view
According to this theory, the essence of a right lies in the interest of the person. A right exists to protect the interest of the individual. Buckland defined a right as an interest or expectation guaranteed by law. The law protects certain interests of individuals, and these protected interests are known as rights.
02Will Theory Associated with Kant and Hegel. Austin, Holland and Gray stress power in the same way
Kant defined a right as the authority to compel others in accordance with law. The theory stresses individual freedom and autonomy. A creditor who can sue for a debt, or forgive it, shows this power clearly. The will theory cannot explain the rights of minors, persons of unsound mind and corporations. They lack a full will, but they still have rights.

Which theroy is better

  1. The interest theory explains more cases. It shows why a child or an unborn person has rights, and why a corporation has them.
  2. The will theory explains the power of the right-holder. It shows why a right-holder can enforce, waive or transfer his right. The interest theory cannot easily explain this, so many jurists prefer the interest theory but accept this point of the will theory.

Every legal right carries a corresponding duty, and every duty exists to protect some right. Therefore, classifying rights also classifies duties.

Classification of Legal Rights and Duties

Kinds of rights and duties
BasisKindsMeaning and example
EnforceabilityPerfect and imperfectA perfect right is enforced by law. An imperfect right is recognised but cannot be enforced. A time-barred debt is an example. Under Section 25(3) of the Indian Contract Act, 1872, a written promise to pay such a debt is enforceable.
Nature of dutyPositive and negativeThe right to wages matches a duty to act. The right to reputation matches a duty to refrain.
Person boundIn rem and in personamA right in rem binds the whole world, such as ownership of a house. A right in personam binds only a particular person, such as a lender's right to repayment.
OwnershipIn re propria and in re alienaA right in re propria is over one's own property. A right in re aliena is over another's property, such as a lease, a mortgage or an easement.
DependencePrincipal and accessoryA debt is a principal right. A mortgage that secures it is accessory.
RecognitionLegal and equitableA legal right is recognised by common law courts. An equitable right is recognised on grounds of fairness, as with the beneficiary of a trust.
CertaintyVested and contingentA vested right is complete and immediate. A contingent right depends on an uncertain event, such as a gift to A if he reaches the age of 25.
Public or privatePublic and privateA public right, such as the use of a public road, binds the State. A private right concerns individuals.
OriginPrimary and secondaryA primary right exists on its own. A secondary right, such as the right to compensation, arises from the breach of a primary right.

Classification by Source

  1. Natural rights and natural duties. Natural rights are inherent in human beings, by virtue of human nature. Natural duties arise from the moral and social obligation to respect the natural rights of others.
  2. Moral rights and moral duties. Moral rights rest on conscience and ethical principles. Moral duties are enforced by social opinion, and not by courts.
  3. Legal rights and legal duties. Legal rights are recognised and enforced by law. Legal duties are imposed by law, and breaking them is a legal wrong.
  4. Fundamental or constitutional rights and duties. Fundamental rights are guaranteed by the Constitution. They bind the State, and they carry reasonable restrictions and duties on individuals.
  5. Human rights and duties. Human rights are universal and inherent. They require individuals and States to respect and protect them.
  6. Statutory rights and duties. Statutory rights are created by legislation, such as the right to information under the Right to Information Act, 2005. Statutory duties are obligations that statutes impose.
  7. Civil, political and economic rights and duties. Civil rights protect personal liberty and equality. Political rights concern democratic participation, such as the right to vote. Economic rights require the State to promote social welfare.

Rights and Duties in India

  1. Fundamental rights are rights against the State, so each carries a duty on the State. Part III of the Constitution gives these rights. Article 12 defines the "State" that is bound, and Article 13(2) says that a law that takes away or reduces them is void. For example, the right to life under Article 21 matches the State's duty not to take away life or liberty except by a procedure established by law.
  2. The duty on the State can be positive. In Olga Tellis v. Bombay Municipal Corporation (1985), pavement dwellers in Bombay faced eviction. The Supreme Court held that the right to livelihood is part of the right to life. It also held that the State could not evict them without a fair procedure.
  3. The Constitution also lists duties of citizens. Article 51A was added by the 42nd Amendment in 1976. It lists duties such as respecting the Constitution, safeguarding public property and protecting the natural environment. The 86th Amendment in 2002 added a duty on parents to provide opportunities for education to a child between six and fourteen years. These duties are not enforced directly by writ, but courts have used them to help read other laws.
  4. Courts can also create duties where the law is silent. In Vishaka v. State of Rajasthan (1997), there was no statute on sexual harassment at the workplace. The Supreme Court used the rights to equality, to practise a profession and to life, and international conventions on women's rights, to lay down guidelines. They placed a duty on employers to prevent harassment and to give a way to complain. Parliament later passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Leading Case Laws

K.S. Puttaswamy v. Union of India (2017)
FactsA challenge to a national identity scheme raised the question whether privacy is a right.
Decision and principleA nine-judge bench held that privacy is a fundamental right. A protected interest becomes a right when the law recognises it.
Donoghue v. Stevenson (1932)
FactsA consumer was made ill by a snail in a bottle of ginger beer.
Decision and principleA manufacturer owes a duty of care to the consumer, with whom he has no contract. A duty can be owed to a person whom one can reasonably foresee.
Olga Tellis v. Bombay Municipal Corporation (1985)
FactsPavement dwellers in Bombay faced eviction.
Decision and principleThe right to livelihood is part of the right to life. The State must follow a fair procedure before evicting.
Vishaka v. State of Rajasthan (1997)
FactsA social worker was gang-raped, and there was no law on sexual harassment at work.
Decision and principleThe Court laid down guidelines that placed a duty on employers. The 2013 Act followed.
Animal Welfare Board of India v. A. Nagaraja (2014)
FactsA challenge to bull-taming sports such as jallikattu.
Decision and principleAnimals are protected by the Prevention of Cruelty to Animals Act, 1960. Duties can exist to protect interests that a non-person holds.

Conclusion

Rights and duties are complementary and cannot be separated. A right without a duty means nothing, and a duty without a right has no basis. Hohfeld showed that "right" covers four different ideas, and the interest and will theories show two ways of explaining what a right is for. Jurisprudence treats rights and duties as two sides of the same coin, and together they secure justice, order and social harmony.

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