Continuous Internal Assignment – I on

“Dichotomy Between Rights and Duties in the Modern Era: A Critical Study .”

Submitted to:

Assoc. Prof. RAJPUT SHRADDHA BHAUSINGH

(Faculty, Jurisprudence-II)

Submitted by:

Harsh Raj Gupta

B.A.L.L.B (Hons.)

Semester- VI

Section – B, Roll no. 77

Date of Submission

15th February 2023

“HIDAYATULLAH NATIONAL LAW UNIVERSITY”,

Post-Uparwara, Atal Nagar-492002(Chhattisgarh)

Declaration of Originality

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“This is to certify that this research paper submitted by me is an outcome of my independent
and original work. I have duly acknowledged all the sources from which the ideas and
extracts have been taken. The project is free from any plagiarism and has not been submitted
elsewhere for publication.”

Name: Harsh Raj Gupta.

Roll No. :- 77.

Semester:- VI.

Section:- B.

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Introduction

In modern society, the concept of individual rights has become increasingly important. The
fundamental rights that are enshrined in constitutions and international human rights laws
provide people with protection against arbitrary actions by the state or other individuals.
However, this emphasis on rights has also led to a neglect of the concept of duties. This
article examines the dichotomy between rights and duties in the modern era, with a particular
focus on the legal implications of this dichotomy.

Sir John Salmond identified five essential elements of a legal right:

1. The Person of Inherence refers to the subject of the right. It could be an individual or
society. A right cannot exist without a subject.

2. The Person of Incidence is the individual who has a duty to obey the right of another
person. If this duty is breached, the other person has a right against them.

3. The Contents of the Right refer to the obligation of the person to perform a particular
act.

4. The Subject Matter of the Right is the thing over which the right is exercised. This is
the object of the right, although some rights may not have an object.

5. The Title of the Right is the set of facts or events that allow the owner to claim the
right as their own. Every legal right has a title.

The Historical Background of Rights and Duties

The concept of rights and duties has a long history, dating back to ancient civilizations such
as Greece and Rome. The idea of individual rights as we know it today was first articulated in
the Enlightenment period, which saw a shift towards individualism and a rejection of
feudalism. The idea of duties was also important during this period, as it was believed that
individuals had a duty to their country and society.

However, the relationship between rights and duties has not always been clear. In some
societies, such as feudal Europe, the emphasis was on duties rather than rights. In these
societies, individuals were expected to fulfill their obligations to their lords and to the state,
rather than being concerned with their individual rights. This approach was challenged during

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the Enlightenment period, which saw a shift towards individualism and a focus on individual
rights.

The Contemporary Debate on Rights and Duties

In contemporary society, there is a debate about the relationship between rights and duties.
Some argue that individual rights are more important than duties, and that the state has a duty
to protect these rights. Others argue that duties are just as important as rights, and that
individuals have a responsibility to contribute to society.

One of the key issues in this debate is the extent to which individual rights should be limited
by the needs of society. For example, some argue that the right to free speech should be
limited in order to protect the rights of others, such as the right to privacy or the right to be
free from hate speech. Others argue that individual rights should be absolute, and that any
limits on these rights are a violation of fundamental freedoms.

Case Law on the Dichotomy Between Rights and Duties

There are several cases that illustrate the tension between rights and duties in contemporary
society. One of the most famous cases is that of Tinker v. Des Moines Independent
Community School District1, which dealt with the issue of freedom of speech in schools. In
this case, students wore black armbands to protest the Vietnam War, and were suspended
from school for doing so. The Supreme Court held that the students had a right to free speech,
and that this right could not be limited by the needs of the school to maintain discipline.

Another important case is that of Roper v. Simmons2, which dealt with the issue of the death
penalty for juveniles. In this case, the Supreme Court held that the Eighth Amendment of the
US Constitution prohibited the use of the death penalty for juveniles, as it violated the
"evolving standards of decency that mark the progress of a maturing society." The decision
was based on the idea that juveniles have a diminished culpability and greater potential for
reform, and that the use of the death penalty was therefore a violation of their rights.

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393 U.S. 503 (1969).
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543 U.S. 551 (2005).

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A third important case is that of Burwell v. Hobby Lobby Stores, Inc3., which dealt with the
issue of religious freedom and the Affordable Care Act. In this case, the Supreme Court held
that closely-held corporations could not be required to provide contraceptive coverage to their
employees if it violated their religious beliefs. The decision was based on the idea that
individuals have a right to exercise their religion without interference from the state.

Conclusion

In the modern era, there is a widely acknowledged dichotomy between rights and duties.
While human rights are considered fundamental and inalienable, duties are often seen as
burdensome obligations that limit individual freedoms. However, a closer examination of the
relationship between rights and duties reveals that the dichotomy is not as simple as it seems.

On the one hand, rights are essential to protecting individual autonomy and promoting human
dignity. Without the recognition and protection of rights, individuals are vulnerable to
exploitation and abuse by those in positions of power. On the other hand, duties are equally
important for ensuring the well-being of individuals and society as a whole. Duties such as
respect for the law, care for the environment, and concern for the welfare of others are
essential for creating a just and harmonious society.

In reality, rights and duties are interdependent and mutually reinforcing. The recognition and
protection of rights often come with corresponding duties, such as the duty to respect the
rights of others. Conversely, the fulfillment of duties can promote the realization of rights,
such as the right to a clean environment or the right to education.

Therefore, it is crucial to view rights and duties as complementary rather than contradictory
concepts. In the modern era, it is necessary to strike a balance between individual rights and
social responsibilities, recognizing that both are essential for the well-being of individuals
and society as a whole. By embracing this perspective, we can work towards creating a more
equitable, just, and sustainable world.

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573 U.S. 682 (2014).

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