What are the differences between Positive and Negative Rights?
- A positive right correspondent to a positive duty.
A positive right presupposes a positive act to be performed a holder such right by a person on whom the duty lies.
- Example: Creditor-Debtor. The creditor has a positive right to collect his debt. At the same time, the debtor has the positive duty to pay it back.
- The object of positive right is to provide “positive benefit” to the plaintiff. It increases the benefit which already has.
- Salmond says: “Most personal rights are positive……
- A negative right corresponds to a negative duty.
- In this, a person bound shall refrain from doing some act which is prejudicial to the person entitled.
- Example; Wife and husband. Each of the spouses to the marriage has a right of “restitution of conjugal rights” (sec. 9 of Hindu marriage act.).
- The object of a negative right is not to be harmed, and to maintain status quo.
- But all real rights are negative”.