INTRODUCTION
Across the world, every citizen possesses certain rights that play a vital role in their life and need to be respected by others. The law prevents the violation of these rights by imposing certain sanctions and such rights came to be known as ‘legal rights.’ Legal rights are a set of rights given to every individual by law. They act as fundamental entitlements to which every individual is entitled, irrespective of race, gender, or social status. By protecting an individual’s legal rights, they ensure fair and just treatment for every individual in different legal contexts. A combination of statutes, case laws, and constitutional laws can define these rights. These legal rights cover various areas from fundamental constitutional rights to rights in everyday life, and knowing about our legal rights is not just about being aware of them but also about understanding how to exercise them effectively when needed.
KINDS OF LEGAL RIGHTS
These rights can be categorized into different ways based on the area of law in which they are applicable. Some of these kinds are-
- Constitutionally Protected Rights
These rights are protected by the Constitutions of the various countries and cannot be easily overridden by other laws of the country. They include freedoms such as speech, expression, and the right to vote.
- Civil Rights
These rights emphasize the protection of individual freedoms and the promotion of equality. They protect people from discrimination based on race, gender, colour, religion, and other attributes.
- Rights of the Accused
When someone gets accused of a crime, they are granted these rights to safeguard themselves from unjust treatment. These rights include the right to remain silent, the right to legal counsel, and the right to a fair trial. They ensure that individuals are not convicted or punished without following due legal procedures.
- Labor Rights
These rights safeguard the employees from unfair treatment at the workplace. They include protection against discrimination, the right to fair compensation, and the right to form unions.
FEATURES OF LEGAL RIGHTS
They can differ in form and function with each having a distinct role in the legal system. They have various features which are-
- Perfect Rights and Imperfect Rights
Perfect rights are those that can be enforced by law, allowing the person to seek legal action if they are violated like all the fundamental rights. Imperfect rights cannot be enforced by law like all the time-bound claims or debts.
- Positive Rights and Negative Rights
Positive rights require an individual or the government to perform some duty to fulfil the right. Negative rights prohibit a person from performing an action that corresponds with a negative duty.
- Real Rights and Personal Rights
Real rights are imposed on the general public and can be claimed against the whole world like tort or crime. Personal rights are available against a particular person like breach of contract.
- Inheritable Rights and Uninheritable Rights
Inheritable rights can be transferred from one generation to the next, even after the owner’s death like property ownership. Uninheritable rights end with the owner’s death like personal rights.
THE IMPORTANCE OF LEGAL RIGHTS
The individuals need to know their legal rights as without it they might leave themselves vulnerable to abuse, exploitation, or unfair treatment. Legal rights are like a means for people to assert themselves, seek compensation for harm, and protect their interests. It also helps to prevent individuals from avoiding situations where they unknowingly relinquish their rights or fall prey to exploitation. It also promotes social order by ensuring that all individuals, irrespective of their status, caste, gender, or religion, are treated justly and impartially. It also helps to prevent the misuse of power and protect individual freedoms.
COMMON LEGAL RIGHTS THAT EVERY CITIZEN SHOULD KNOW
Every individual is entitled to some fundamental legal rights, which are safeguarded by law. Some of these legal rights which every individual should know are-
- Right to Freedom of Speech and Expression
This is one of the fundamental rights that allow individuals to freely express their opinions and ideas in the absence of the fear of governmental censorship or any kind of legal punishment. However, this right is not absolute as it comes with certain restrictions to prevent harm to others and maintain public order.
- Right to Privacy
This right safeguards individuals from unwanted interference in their personal lives and data by governments and others. It encompasses the right to keep personal information confidential, the right to be free from unreasonable searches and seizures, and the right to make personal choices without any interference.
- Right to a Just Trial
This right ensures that every individual who is accused of a crime is entitled to a fair and impartial trial, guaranteeing that the judge who is overseeing the case remains unbiased.
- Right to Educational Opportunity
Every person is entitled to education and equal access to educational opportunities, free from any discrimination so that they can enhance their quality of life and create a healthy society.
- Voting Rights
In all democratic nations, citizens are given voting rights so that they can participate in the political process. This right ensures that every individual has the right to elect their representative who will represent them in government.
COMMON AREAS WHERE KNOWLEDGE OF LEGAL RIGHTS IS IMPORTANT
- Employment Rights
Individuals need to know their rights regarding wages, working conditions, and non-discrimination in their respective workplaces. Employment laws are formed to protect them from unfair treatment and to ensure a safe working environment.
- Consumer Rights
As a consumer also individuals are protected against fraudulent practices, defective products, and services. The Consumer Protection Act ensures that they have the right to seek remedy and receive damages for any damage caused to them by faulty products.
- Property Rights
Individuals also have rights concerning property ownership, tenancy, and transfers. Property laws are there to protect their interests in real estate transactions and disputes.
- Family Law
An individual should have knowledge about their rights in matters of marriage, divorce, and inheritance. Family law is there to ensure that personal and familial relationships are governed fairly and justly.
HOW TO EXERCISE LEGAL RIGHTS
Having the knowledge or understanding of legal rights is just the first step; effectively exercising them is equally essential. There are several ways by which an individual can ensure that their rights are protected. They are-
- To Know your rights
The very first way to exercise legal rights is to know what they are. There are many resources available by which individual can educate themselves about their rights like from online guides to community legal clinics.
- To Seek Legal Assistance
If any individual is dealing with a legal problem and is confused about their rights they should seek legal advice from a legal expert, as they are trained to interpret the law and offer legal guidance centered on the specific situation.
- To Document everything
If any individual believes that their legal rights are being violated, maintaining a record of communications, events, and any actions relevant to their legal problem can help them build a case.
- To Take action when necessary
If any person’s right is violated that person should take legal action by filing a lawsuit, requesting an injunction, or lodging a complaint to the relevant government authority.
CONCLUSION
Every individual should know their legal rights as it is not just a privilege but a necessity in today’s society and it will help them to become a better and more self-aware person in the country. It also empowers individuals to protect themselves against ill practices or treatment, make informed decisions, and handle challenges with confidence. It promotes accountability, advances justice, protects individual freedoms, and ensures that everyone has the resources to effectively manage the complexities of the legal system. By investing time in knowing legal rights, individuals can contribute to building a more informed, just, and aware society where fairness prevails and individuals can progress without fear.
Author(s) Name: Riya Agrawal (Sadanlal Savaldas Khanna Girls’ Degree College, Prayagraj (Affiliated to Allahabad University)
