Rights, what are they ?

Salmond defines right as an “interest which is protected and recognized by the rule of law. It is an interest which has its duty and disregard of which is wrong”. Rights can be said as fundamental normative standards concerning what is authorised or owed to persons according to some legal system, social convention, or ethical philosophy. The Supreme court in State of Rajasthan vs Union of India [1977 AIR 1361, 1978 SCR (1) 1] stated that “Legal rights in the strict sense are correlatives of legal duties and legal rights are defined as the interests which the law protects by imposing duties on other persons. But the legal right in the strict sense means right is the immunity from the legal power of another. Immunity is no subjection at all”.

•)Right in Rem(Jus in Rem)
Right in Rem refers to the right available to a person against the entire world. Such rights are also referred to as a negative right. These rights grant anyone the right to be left alone. It means that no one else has the authority to interfere with his right. This specific right (jus in rem) is granted in accordance with the freedoms outlined in Article 19 of the Indian Constitution, subject to certain limitations. This right in rem is available to a broad or open group of persons, i.e. to everyone. For example Mr. X owns a bike. This house exclusively belongs to him. He has right in rem with respect to the bike. So nobody can interfere with his ownership of the bike. No one can disturb his right in rem.

•)Right in Personam (Jus in Personam)
A right in rem, which relates to a duty imposed on specific individuals, is only accessible against a specific person or persons. The Indian Contract Act gives contracting parties rights in personam. So, under a contract, the parties only have contractual rights against each other, i.e. jus in personam. For example X loaned money to Y .The right to recover the money belongs only to X, not the world in general.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge



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