Legal literacy and legal awareness campaign : The ways to public empowerment
- Part 1 -

Dr Gairiangmei Maringmei *

High Court Complex at Chingmeirong Imphal on April 07 2012 :: Pix - Bullu Raj

"The first duty of society is justice."
- Alexander Hamilton

The growing number of issues, problems, unabated corruption and indecisiveness prevailed in our society that has given rise to demand support from the people of the country. Be it the legal, poverty, literacy, health, environment and many other issues - each cause is clamoring for public attention. Effort to get such attention, the governments and organizations has come together to devote to a particular cause so that awareness may be raised for the welfare of the society.

Understanding of the legal literacy and legal awareness is the need of the hour to deal with these uncertain problems existing and rising in the society. What it is, why it is important, and how we can promote it. Majority people of India are legal illiterate and not aware of the basic rights conferred upon them by law. Substantial population of the country living in the cities, towns and villages do not know what are their rights and entitlements under the law. Even the literate people are helpless and confused when there is a violation or infringement of a right enforceable in law.

Lack of knowledge about the basic legal and civil liberties, human rights, constitutional directives, and principles and other guidelines that protect the people's dignity, liberty and freedom manifests itself in the society in the form of problems such as child labour, human trafficking, domestic violence, child marriage, dowry etc. that threatens the safety of all.

Therefore, the absence of the legal awareness in the society is mainly responsible for the deception, exploitation and deprivation of rights and benefits, from which the people suffer in the hands of state apparatus. The miserable condition in which the people find themselves can be alleviated to some extent by creating legal literate and legal awareness amongst the people. At this backdrop, legal literacy and legal awareness assume critical significance.

In order to understand the relevance of legal literacy and legal awareness, it is necessary to first fully comprehend on it. According to Canadian Bar Association, legal literacy is "the ability to understand words used in a legal context, to draw conclusions from them, and then to use those conclusions to take action." Legal literacy is commonly understood as knowing the primary level of law, information about the legal processes and then by making the people literate. The American Bar Association Commission on Public Understanding defines legal awareness is "the ability to make critical judgments about the substance of the law, the legal process, and available legal resources and to effectively utilize the legal system and articulate strategies to improve it is legal literacy."

Legal literacy and legal awareness lie at the base of any effort toward legal empowerment to the people. Critical knowledge of legal provisions and processes, coupled with the skills to use this knowledge to realize rights and entitlements will empower people to demand justice, accountability and effective remedies at all levels. The legal literate people know about their rights, duties, and privileges and assert their rights and fight against the unwanted supremacy of the Executive in the country.

Constitutional Mandates

The laws of the land exist to serve the people and to achieve the ultimate end. The supreme law of the country is the Constitutional Law which is paramount and held as the highest and the ultimate authority that governs all the inhabitants living in the country. The main purpose of the laws so framed and presented in the Constitution is to safeguard, protect and preserve the life of all citizens and to prevent the rights that such individuals possess, from being infringed upon, or harmed and hampered with in the course of their lifetime.

In 1987, the Legal Services Authorities Act (LSAA) was enacted by the Parliament which came into force on 9th November, 1995 with an object to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the LSAA, 1987 to monitor and evaluate implementation of legal services available under the Act.

This Act was passed with the affirmed objective of fulfilling one of the Directive Principles of State Policy enunciated in Article 39A of the Constitution of India. Under it, the Constitution of India provides for equal justice and free legal aid – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Under the Articles 14 and 22(1) also provide that it's the obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.

In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by Hon'ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority. And in every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.

The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district. Hon'ble Mr. Justice H.L.Dattu, the Chief Justice of India is the Patron-in-Chief and Hon'ble Mr. Justice Tirath Singh Thakur, Judge, Supreme Court of India is the Executive Chairman of the Authority. NALSA is housed at 12/11, Jam Nagar House, New Delhi-110011. Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme in so far as it relates to the Supreme Court of India.

After many years of enacting the LSAA, 1987, there is still lack of knowledge and legal awareness amongst the general public about the said provisions provided to the citizens' free and competent legal services.

Functioning of National Legal Services Authority (NALSA)

The NALSA issues guidelines for the State Legal Services Authorities to implement the Legal Aid Programmes and schemes throughout the country. Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluka Legal Services Committees, etc. have been asked to discharge the following two main functions on regular basis:

o To Provide Free Legal Services to the eligible persons; and

o To organize Lok Adalats for amicable settlement of disputes.

Free Legal Services

The Free Legal Services include:

o Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings;

o Providing Advocate in legal proceedings;

o Obtaining and supply of certified copies of orders and other documents in legal proceedings;

o Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

Eligible persons for getting free legal services include:

o Women and children;

o Members of SC/ST;

o Industrial workmen;

o Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster;

o Disabled persons;

o Persons in custody;

o Persons whose annual income does not exceed Rs. 50,000/-

o Victims of Trafficking in Human beings.

To be continued...