Sharanyaa Sigtia
Introduction to the concept of “Ubi jus ibi remedium”
“Where there is a right, there is the remedy”, the translation to Ubi jus ibi remedium a Latin phrase that envisages no individual with constitutional rights to suffer any losses or wrongs without being given due remedy for it.
Each citizen is provided with several rights such as fundamental rights and so on, but along with such rights come the duties of the state to ensure that no events dull the vision of this aim at protecting people’s peaceful coexistence in society.
What is Ubi jus ibi remedium?
The maxim of ubi jus ibi remedium, which as aforementioned, translates to ‘where there is a right there is a remedy’. Although for this to be applicable there must exist a wrong that has violated the right of an individual and hence an appropriate compensation for any harm suffered. It is also to be kept in mind that several erroneous acts are not accounted for in the law, i.e., they are not served as wrongs for which there exist rights and hence no remedies for such can be availed.
For such situations may present themselves often, it does not necessarily preclude an individual from creating an opportunity to avail appropriate rights for it. Because these are not listed in the law does not mean they do not have scope to be mentioned for any such cases to also use it as case laws and claim damages, as, “The universal declaration of Human Rights proclaims in Article 8. “Everyone has the right to a good remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by the other law”.
The word can be understood by breaking them individually into ‘Jus’ which means the duty to do something or demand something, and ‘Remedium’ which is the right of every citizen to approach the courts of law when some wrong has been done to him.
Essentials and limitations of the maxim of ubi jus ibi remedium
- This maxim can only be applied when a right exists and is stated in the laws.
- The concept of ubi jus ibi remedium does not apply to wrongs that are not listed by law such as moral wrongs.
- It is inapplicable to concepts of marriage vows, verbal contracts and so on.
Further sub-divisions of ubi jus ibi remedium
- Damnum sine injuria
Damnum sine injuria means ‘damage without injury’, that the plaintiff has suffered loss or damage without violating their rights. For example, if B exercises his right and A suffers a financial loss but does not violate any rights, this cannot be brought into court.
- Injuria Sine Damnum
Injuria sine damnum means ‘injury without damage’. Just as the name speaks, this maxim is applicable when the plaintiff has suffered injuries but has not suffered any damages but is required to prove the same.
An example to understand the concept a little better:
The petitioner in Bhim Singh v. State of Jammu & Kashmir was a member of the parliamentary assembly for Jammu and Kashmir. He was wrongfully detained by a police officer while he was on his way to the parliamentary session, and he was prevented from attending. He had a legal right to attend the meeting, but he was not presented to the magistrate in time. Additionally, the Constitution’s Article 21 fundamental right was violated. In the end, the Supreme Court decided that the defendants were to blame and compensated the petitioner for the violation of his fundamental right with Rs.50,000.
Conclusion
The concept of ubi jus ibi remedium is not a very complex one, but rather as simple as its translation. It follows the literal meaning that is ‘Where there is a right, there is a remedy’. The development of this maxim over the years in cases such as Bhim Singh vs The State of Jammu and Kashmir has evolved the topics it covers, ensuring that most aspects of people’s daily lives are covered under the insurance of this and hence can be provided with the needed and appropriate remedies for it.
