View of A STUDY ON LEGAL AWARENESS SCHEMES, IMPLEMENTATION AND ITS EFFECTIVENESS, WITH SPECIAL REFERENCE TO HADOTI REGION

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Vol.04,Special Issue 04, ²^nd Conference (ICIRSTM) April 2019, Available Online: www.ajeee.co.in/index.php/AJEEE

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A STUDY ON LEGAL AWARENESS SCHEMES, IMPLEMENTATION AND ITS EFFECTIVENESS, WITH SPECIAL REFERENCE TO HADOTI REGION

Mahindra Kumari Verma 1. INTRODUCTION

Our Constitution provides for an effective and independent judicial system. Right to „access to justice‟ has been recognized as one of the fundamental rights. Justice delivery or administration of justice is one of the paramount functions of the State. We cannot be said to fulfill our social obligations unless we are able to promote justice on the basis of equal opportunity and provide legal aid to all citizens of the country. To bring justice closer to the underprivileged segments of the society, a number of innovative measures including providing legal aid to poor have evolved with time.

Article 39A of our Constitution provides that 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 2 securing justice are not denied to any citizen by reason of economic or other disabilities. In a number of judgments, Supreme Court has also emphasized the necessity for providing legal aid to the poor. The language of Article 39A is couched in mandatory terms.

This is made more than clear by the use of the word “shall” - occurring twice in Article 39A. It need not be emphasized that good legal system should be able to deliver justice expeditiously on the basis of equal opportunity and provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic or other disabilities. The Supreme Court has emphasized, while interpreting Article 21 in the light of Article 39A, that legal assistance to a poor or indigent accused who is arrested with jeopardy of his life or personal liberty, is a constitutional imperative mandate not only by Article 39A but also by Articles 14 and 21.

In the absence of legal assistance, injustice may result and every act of injustice corrodes the foundations of democracy. It was in this context that the Parliament enacted the Legal Service Authorities Act, 1987. While on one side, the Act gives statutory recognition to the resolution of disputes by compromise and settlement by the LokAdalats, on the other, it provides for free and competent legal services to the weaker sections of the society. The concept of LokAdalat has been gathered from system of Panchayats, which has root in the history, and culture of this country and the provisions of the Act are meant to supplement the court system.

National Legal Services authority (NALSA) was constituted in the year 1995 under section 3 of the Legal Services Authorities Act, 1987. Apart from making legal aid a constitutional right and extending its scope to legal literacy and pre-trial processes, the contribution of the judiciary in access jurisprudence lies in giving a status and credibility to public interest litigation unprecedented in the judicial history of the so-called developed countries of the world. Developments where access has been enabled on matters involving public interest even to total strangers to the dispute and the expanded doctrine of standi by which, a civil rights organization has been allowed to maintain a petition for the rights of a class of the society.

Another development facilitating the PIL is the acceptance of what are called „letter petitions‟ where any citizen, without seeking the help of lawyers, can now activate the court by writing a letter, which the court treats as a writ petition in appropriate cases involving violations of fundamental rights. The Constitution has made provision for promoting the aspirations and protecting the rights of different sections and classes of the Indian people.

In addressing themselves to the delivery of justice the Courts must necessarily pay heed to the ideals and objectives enshrined in the Constitution and to the broad provisions made in relation to those sections and classes.

Never the less, the Court remains the guarantor of justice to all citizens, in accordance with their respective rights and obligations. In assisting the Courts in their great purpose, the legal profession holds a role of considerable significance. It is a role assigned to the legal profession by history and by the nature of its functions. In order to make our laws more effective, the „Bench‟ and the „Bar‟ must work together with an

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intuition to work for the objectives of our Constitution. Our 4 Constitution is not to be construed as a mere law, but as the machinery by which laws are made.

It is a living and organic thing which, of all instruments, has the greatest claim to be construed broadly and liberally. You may recall, our Hon‟ble Prime Minister ShriNarendraModiji has, in his speech on National Legal Services Day, emphasized on

„Sabka Nyaya‟ along with „Sabka Saath, Sabka Vikas‟. I, therefore, feel apt at this moment to point out various concerns and barriers to access to justice. High cost of litigation, the difference in capacity of the individual litigant to extract from the legal system, lack of adequate legal awareness, cumbersome procedures of litigation and quality of legal aid services available to poor and marginalized are some issues bothering all of us.

Though the legal aid camps, legal aid clinics and legal awareness programmes are being conducted regularly, we have still a long way to go in creating awareness on legal rights among public in general and actual ways of getting redressal through the legal system in particular. An effective judicial system requires not only that just results be reached but that they be reached swiftly. Concerns have also been raised on quality of legal services available to the poor and marginalized largely due to reluctance on the part of experienced and senior advocates to volunteer for the legal aid services.

Lok Adalat Programmes is being run on a massive scale across the country, providing a low cost alternative to a regular court based adjudication mechanism especially in areas like family disputes, contractual disputes, motor accident claims, disputes with neighbors. Despite all these, major challenges remain to achieve the objectives enshrined in our Constitution, and we must debate and come out with creative solutions in this regard.

Government is committed to undertake the role assigned to it.

The Justice Delivery and Judicial Reform project has been undertaken with the strategy to adopt a coordinated approach to judicial reforms by taking action in the areas of Improvement in judicial infrastructure, increase in manpower of judiciary, computer risation of courts through e-courts project and legislative and policy initiatives taken already and proposed. On a successful completion of eCourts phase-I project; Government has embarked upon eCourts Phase-II project with a renewed and vigorous emphasis on automation of workflow management and multiplatform services to the litigants.

The public access to National Judicial Data Grid has made possible the better case management by the litigants and effective monitoring by the respective High Courts over its subordinate courts. The Government has also partnered with the UNDP to commence a decade long Access to Justice for Marginalized People Project, which is being implemented in eight States of India with the highest proportion of people living in poverty. The aim of these projects is to strengthen legal aid and legal empowerment for the marginalized. They have already imparted legal literacy to about 20 lakh people in 62 districts.

Simultaneously, the Government‟s aim is to transform the Government into an efficient and responsible litigant. On the recognition that Government and its various agencies are the pre-dominant litigants in courts and Tribunals in the country; a National Litigation Policy is under our consideration for reducing avoidable and unnecessary litigation involving the Government. Efforts are also being made in other areas where simplification of the existing laws and repeal of the obsolete laws shall be able to contribute to reduction in litigation.

Some of the areas have already been addressed like amendments in Negotiable Instruments Act. In the last fifty years, we have witnessed significant changes as well as major challenges together as a nation. With the advent of socio-economic revolutions and transformations on a global level, especially the steep rise of science and technology, as observed that the way the world came to work today is starkly contrasted from when they began the tryst with destiny. Law also cannot afford to remain static. Following this socio- economic revolution, new jurisdictions in the law are bound to come into existence. New value systems will take birth.

New social and economic goals will begin to appear on the horizon, calling for new levels of capacity and equipment in the institutions of the country. The judge and the lawyer will be caught up in the main stream of that great change. The judicial administration and the legal profession must prepare themselves not only to effectively fulfill their responsibilities of today, but also to meet the challenges of tomorrow. On this occasion young legal brethren to appreciate the importance of learning best legal innovative skills to prove themselves to ever growing legal challenges. They must maintain the dignity,

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decency and decorum of this pro-bono public service professed by Mahatma Gandhi, Lenin, Lincoln and other galaxy of great men.

2. 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 NALSA, RSLSA, DLSA, TALUKA 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 LokAdalats 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 Programs in the district.

The District Legal Services Authority is situated in the District Courts Complex in every District 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 2.1 NALSA, RSLSA, DLSA, TALUKA

The NALSA issues guidelines for the State Legal Services Authorities to implement the Legal Aid Programs 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:

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

• To organize Lok Adalats for amicable settlement of disputes.

3. FREE LEGAL SERVICES The Free Legal Services include:

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

• Providing Advocate in legal proceedings;

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

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

Eligible persons for getting free legal services include:

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• Women and children;

• Members of SC/ST;

• Industrial workmen;

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

• Disabled persons;

• Persons in custody;

Persons whose annual income does not exceed Rs.150,000/-

• Victims of Trafficking in Human beings.

• NALSA Schemes.

• The NALSA has formulated the following schemes to perform its functions under the Legal Services Authorities Act, 1987.

3.1 Legal And Counsel Scheme

• Permanent and Continuous LokAdalat Scheme

• Counseling and Conciliation Scheme 3.2 Legal Literacy Programme

NALSA has been organizing the Legal Aid Camps through State Legal Services Authorities, Taluka Legal Services Committees, NGOs. etc. in the rural area and slum areas for educating the weaker sections as to their rights and for encouraging them to settle their disputes through ADR Mechanism. The people are educated/made aware of their rights, benefits and privileges guaranteed by social welfare legislations, administration programs and measures etc.

It also organized meetings, seminars and work shops connected with legal services programs in different parts of the country. In addition, the NALSA has developed audio visual spots and publicity material to make the common man aware of the various aspects of the legal services programs. Documentary films have also been prepared and are being screened in the different parts of the country through Directorate of Field Publicity, Government of India.

3.3 VISION AND MISSION OF NALSA, RSLSA, DLSA, TALUKA

 To promote an inclusive legal system in order to ensure fair and meaningful justice to the marginalized and disadvantaged sector.

3.4 Our Mission

 To legally empower the marginalized and excluded groups of the society by providing effective legal representation, legal literacy and awareness and bridging the gap between the legally available benefits and the entitled beneficiaries.

 To strengthen the system of LokAdalats and other Alternate Dispute Resolution mechanisms in order to provide for informal, quick, inexpensive and effective resolution of disputes and minimize the load of adjudication on the overburdened judiciary.

3.5 Schemes

Preventive & Strategic Legal Services Schemes

• Scheme for Para-Legal Volunteers

• Schemes for Legal Services to Disaster Victims through Legal Services Authorities

• Nalsa (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015

• Nalsa (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015

• Scheme for Legal Services to the Workers in the Unorganized Sector

• Nalsa (Child Friendly Legal Services to Children and their Protection) Scheme, 2015

• Nalsa (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015

• Nalsa (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015

• Nalsa (Protection and Enforcement of Tribal Rights) Scheme, 2015

• Nalsa (Legal Services to the Victims of Drug Abuse and Eradication of Drug Menace), Scheme, 2015

• Nalsa (Legal Services to Senior Citizens) Scheme, 2016

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• List of Welfare Scheme Related to Senior Citizen and Database of Concerned Officers and Other Person

• Nalsa (Legal Services to Victims of acid attacks) Scheme, 2016

• Scheme for Legal Aid Clinics

• Bail/Remand Lawyer's Scheme

• Victim Compensation Scheme

• Non-Govt. and Govt. old age homes established in the Districts

• Burn unit established in the Districts

• Rajasthan All District's PLVs List

• Office Order Regarding Honorarium of PLV & Panel Advocate 3.6 Legal Awareness Among Students Need Of The Hour

Awareness of legal aspects pertaining to issues faced by women and atrocities against them should be created in schools and colleges for the benefit of young women so that they can effectively tackle their problems in their day-to-day life, senior civil judge and Chittoor District Legal Services Authority secretary V. Krishna Murthy has said. Addressing the one- day legal awareness meet for girl students organised on the occasion of International Women‟s Day at Savitramma Government Degree College on Tuesday, Mr. Krishna Murthy said that laws dealing with women issues were necessary to solve the problems encountered by women and to make Assistance within reach.

“In view of increasing crimes against women and violation of human rights, knowledge of law would help the needy get their grievances redressed without the assistance of others,” he said. He said that legal services forums at the district and mandal levels would always be at the disposal of women in distress, extending them counseling and legal assistance. “Eve-teasing and ragging are still prevalent in schools and colleges.

Students who are victims should report such instances immediately to the school or college authorities and, in case of their inaction, they have to approach the police,” Mr. Krishna Murthy said, explaining the various Acts. D. Bimla Daka and Dr. Suman Chhabara BSK, College of Education, Mandi, Dabwali our country is a democratic country as well as a welfare state.

“Rule of Law” is the edifice on which the democratic structure has been built on.

“Rule of Law” means everybody is equal in the eyes of law. In spite of this solemn principle, every day we hear news about instances of atrocities committed against women and children, excesses by law effective .Therefore, in the courtroom, literacy is the ability to use printed and written information to function in the courts and to achieve one's goals related to the justice system. Even if a person is literate enough to deal with daily routines, he or she may not be literate enough to understand the language and procedures in court.

3.7 Legal Awareness Is Commonly Understood As Knowing The Basics Of Law

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

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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. Anoop Kumar, a researcher of Legal Literacy Mission, says in his study, “the legislature of the state and the parliament, while enacting the legislation, consider the objectives of it.

Some laws lay down the substantive rights of the masses and some touch upon the procedural aspect of certain laws. But it is due to lack of awareness of beneficiaries that most of the legislations are ineffective at the stage of their execution. Legal awareness can empower people to demand justice, accountability and effective remedies at all levels. Legal needs always stand to become crisis oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time.

This magnifies the impact of their legal troubles and difficulties when they come.

Without literacy people can get intimidated and alienated from law. This may evolve into a situation which results in people coming into conflict with the law, or being unable to obtain help from it. Courts have acknowledged the barrier raised by a lack of literacy to asserting guaranteed rights effectively. Low literacy may block people‟s access to justice. At times, literacy requirements have been used to block access to rights and benefits.

4. CONCLUSION

People do not Know about Legal awareness.in today‟s modern life, people need to legal.

Knowing and enforce your rights. People lack legal information because of lack of education them. But educated person do not even know about legal awareness and fight on small things, start fights and go to the court and get stuck in litigation and make rounds in courts. Thereby increasing the load of law suits in the court and there is a delay getting in justice from the court.

I am fully confident that awareness of these lawwill be really beneficial to the society for making critical assessment of the implementation of various schemes and the effectiveness. The 42nd Amendment Act 1976 incorporated chapter 4 in our Constitution and added a new provision in the form of Article 39-A for providing free legal aid/services, through Legal Services Authority, to promote equality in securing justice. The objective is to find out the new methods of spreading legal awareness to society, to give proper knowledge to the citizens.

To find out new ways to implement the legal aid policies, to give scope and guidance to the government for better policy formation. To provide justice to the weaker sections of the society effectively. To organize more and more legal service camps, so that people will be made aware of the law and then they will know their legal rights and will be aware to achieve them through effective way. Every poor person must know that he can get free legal aid.

REFERENCES

1. Legal services authority act. 1987 by Hon‟ble Mr. justice Arijit Pasayat judge, Supreme Court of India.

2. Constitution of India.

3. Towards legal literacy: an introduction to law in India by Ujjawal Kumar Singh.

4. Kumar, Anoop, Social science research network National Legal Literacy Mission - An Evaluative Analysis.

5. Promoting legal awareness in physical and occupation therapy- by Ronald W Scott.

6. Justice P.N. Bhagwati, in 1986, in case of Sukhdas V. Union Territory of Arunachal, reported in AIR 1986 S.C. at page 991, Justice P.N. Bhagwat

7. Kumar, Anoop, National Legal Literacy Mission - An Evaluative Analysis (March 26, 2013).

8. National legal literacy mission.

9. Legal Refresher.

10. SSC general awareness by, Arihant 11. National legal authority 2015 (many plan)

12. Ackoff, Russell L., The Design of Social research Chicago; University of Chicago Press, 1961.

13. Ackoff, Russell L., Scientific Method, New York, John Wiley & Sons, 1962.

14. Hillway, T., Introduction to Research, 2nd ed., Boston: Houghton Mifflin, 1964.

15. Thehindu, legal awareness among students need of the hour

16. https://www.researchgate.net/publication/316546573_Socio_legal_studies_on_legal_awareness_among_f amily_members_in_rural_areas_in_Malaysia_Empirical_evidence [accessed Apr 03 2018].

17. Mehta s.m (1999) India constitution law Allahabad law agency publisher Allahabad.

18. vikaspedia.in/ social-welfare/women-and child/schemes-and legal awareness.

19. https;//studymoose.com/legal-awareness-is the need of hour essay.

20. All India Reporter feb.2018vol105 part1250 legal service authority act 1987.

21. All India reporter January vol.105 part 1249, legal service authority acts 1987.

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22. www.hcraj.nic.in>lokadalat.

23. Nalsa-dla@nic. In