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LEGAL LITERACY

PROJECT
AMITY LAW SCHOOL, NOIDA

SUBMITTED TO: - MRS. GARGI BHADORIA


SUBMITTED BY: - PRITHVI YADAV
COURSE: - B.A., L.L.B (H)
SEMESTER: - 5TH
SECTION: - “E”
ENROLLMENT NUMBER: - A11911115068
 ACKNOWLEDGEMENT
 WHAT IS LEGAL LITERACY?
 IMPORTANCE OF LEGAL LITERACY
 IMPORTANCE & NEED OF LEGAL LITERACY IN INDIA
 ROLE OF LEGAL LITERACY IN EVERYDAY LIFE
 WHERE EXACTLY DOES LEGAL LITERACY STEP IN?
 LEGAL LITERACY PROGRAMS
 LEGAL LITERACY & EMPOWERMENT OF THE
DISADVANTAGED
 BIBLIOGRAPHY
I would like to express my special thanks of gratitude to my teacher Mrs. Gargi
Bhadoria who gave me the golden opportunity to do this wonderful project on the
topic “Importance of Legal Literacy”.

I dedicate my assignment to my Legal Literacy teacher who imparted the essential


and crucial knowledge of Legal Literacy and assigned me this project to express the
knowledge and skills which I have learned in the class.

Her guidelines and teaching method and technique have been very useful for me not
only in preparing of this report but also for my future life. This report was not
possible without her help and continuous direction which also helped me in doing a
lot of Research and I came to know about so many new things.

Secondly, I would also like to thank my parents and friends who helped me a lot in
finalizing this project within the limited time frame.
Literacy is ability to use printed and written information to function in society, to
achieve one’s goals and to develop one’s knowledge and potential". In recent years,
focus of literacy has changed from an emphasis on level of schooling to focus on
functional skills.
Therefore, the current 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 a literate enough to understand the language and procedure in the Court.
Laird Hunter, in reading the legal world register following ideal operational
definition of legal literacy.
"People using the legal system must be able to guide themselves through a
process that they understand and at appropriate places along with the way,
1) Recognize they have a legal right or Responsibility, to exercise or assume it;
2) Recognize when a problem or conflict is a legal conflict and when a legal
solution is available;
3) know how to take necessary action to avoid problems and where this is not
possible, how to help themselves appropriately;
4) know how and where to find information on the law, and can find information
that is accessible to them,
5) know when and how to obtain suitable legal assistant;
6) have confidence that the legal system will provide a remedy, and
7) Understand the process clearly enough the perceive that justice has been done.
Translating the information and meanings of the legal system to learners and
the people with Limited literacy skills requires that lawyer and other clearly
understand it dual nature of legal literacy, the ability to read and familiarity
with the legal context."
Legal literacy is commonly understood as knowing the primary level in law. When
citizens particularly marginalized or underprivileged groups, know what the law
must offer them, they can recognize and challenge injustices much more forcefully.
The first step towards that knowledge of the law, which can transform people's lives,
is legal literacy.

(a) Legal literacy is that where one needs to have some broad information about
legal provisions and processes.
(b) Legal literacy is the elementary knowledge of law and not an expert knowledge
of an advocate. It is about awareness of the country's political set up.
(c) Legal literacy helps in seeking legal remedies against exploitation and injustice.
(d) Legal literacy makes us aware of several laws which have been enacted for the
welfare protection and security of the citizens.
(e) Absence of legal literacy leads to the perpetuity of exploitation and
victimization in many fields.
(f) It makes us responsible persons of a civil society and a society which is just and
orderly, where everyone lives with honor and dignity.
(g) In short "legal literacy reminds us about our rights, duties and legal
obligations towards society."
Around 35% of India’s population are illiterate. Majority of Indians live in
villages. Bulk of the illiterates is also in the rural areas, where social and economic
barriers play an important role in keeping the lowest strata of society illiterate.
Literacy is an indispensable means for effective social and economic participation,
contributing to human development and poverty reduction. Even those who are
literate are helpless and confused when there is a violation or infringement of a
right enforceable in law. We are still in a country where millions of people live in
conditions of poverty, with millions living in conditions where they are without the
most basic of their needs fulfilled. Unfortunately, this class is far away from
achieving many of the ideals laid down in our constitution. And it is not only the
constitution. A number of statutory provisions have been made allowing for social
welfare schemes and other legislative measures to alleviate the vast deprivation in
our society.
Government programmed alone, however well-intentioned, may not be able break
barriers built over the centuries. Major social reformation efforts are required
to bring about a change in the rural scenario. Article of the Constitution of India
gives a directive to the States to ensure that the operation of the legal system does
promote Justice on a basis of equal opportunity.
It directs the State to provide free legal aidwith the aid of suitable legislation or sch
emes. It also directs it to ensure that opportunities for securing 0ustice are not
denied to any citizen for reason of economic or other disabilities. If people are
aware of their rights and duties, the delivery of Justice and balancing of various
interests in a society become so much easier. Increase in legal literacy ultimately
develops into a transparent and accountable Government truly based on the “Rule
of Law”. A fundamental postulate of our Criminal Procedure Code is that;
Ignorance of law is no excuse.
The world we live in is surrounded with laws. The Indian State bestows upon
citizenship by birth and thereby a right to life, of liberty, equality and dignity,
amongst others. Since April 2010, the State assures every citizen-child eight years
of elementary education, from age 6 to 14, in the vicinity of his/her neighbor-hood.
Your rights to life, liberty, equality, dignity, education etc. fall in the domain of
constitutional law.
Statistics testify that most people face some legal issue in their lives. This means
that you might have to deal with laws in more ways than you think. You are
enveloped in laws the moment you are born. The law of succession applies to you
by virtue of birth. How you treat your parents, how you bury the dead or what
ceremonies are to be followed when you marry still depends, at least for most people,
on the prevailing customs in the communities to which they belong or, in the final
analysis, whom they identify with.
Laws of child custody, marriage, property etc. affect families when they conduct
themselves in society. Here different communities may have to deal their personal
laws. At some point in life, you may have to sue someone or someone may be suing
you at your place of work or you may have to challenge an administrative order and
be looking for remedies. If you lose a ration card you may not know how to get
another one in reasonable time. You may be a beneficiary through a will left behind
by your grandparent or parent but may not know how a will is executed. Here, your
issues will fall under the umbrella of civil law. Civil law revolves around issues that
are not criminal in nature. Disputes surrounding the law of contract or property
including tenancy, disputes or issues engulfing family law (including void
marriages, divorce or custody of child) or
compensation claims for personal damage or damage to one’s movable and/or
immovable property etc. are all disputes covered by civil law. The best defense
against potential civil litigation is to know your rights and responsibilities.
The purpose of civil law is to grant relief, within the parameters of the existing law,
in disputes surrounding such matters as have been enumerated in the preceding
paragraph. Civil law is either borne out of a statute, be it enacted by the Centre or
the States of India, or out of judgments delivered by court(s) and such judgments
serve as precedents. These judgments are often called landmark judgments and are
reported in law journals by order of the court that is delivering the judgment.
In your growing years, you could be a victim or witness of child abuse. In adulthood,
many face sexual harassment or domestic violence in their daily lives. You could be
involved in an accident for no fault of yours. The driver of the colluding vehicle may
have been drunk. You could be a victim of household theft, or face a traffic violation
ticket. For such incidents, which are crimes under the law, you will be dealing with
the criminal law system.

Legal literacy means making people aware of their rights, then by making
the people literate, we would essentially be taking the first step in empowering the
m to fight for their rights. Our society is filled with various categories of persons
whose rights are violated on a daily basis and these persons are unable to take any
action to remedy this situation simply because they aren’t even aware that they are
assured certain rights.
In some states of India Legal Services Authority had initiated some Legal Literacy
schemes like Legal Literacy for students (LLB), Legal Literacy Mission for
empowerment of underprivileged (LLUP). Brief details of these schemes are as
under:-
1. Mission Jananeethi
The purpose of Jananeethi is to help people resolve their problems and access
0ustice! having been empowered through awareness generation and capacity
building. Jananeethi aims at radical changes in society, enabling the individuals and
societies to become aware of their inherent human rights and civil liberties, so that
people may live in dignity and freedom, free from fear. As a voluntary,
non1sectarian, non-political, non-profit making and secular programmed adhering
to the sublime ideals and the democratic values enshrined in the Constitution of
India, Jananeethi is intended and designed for the defense of life, dignity, liberty and
other fundamental rights of the defenseless. It facilitates a process of accessing
Justice, governed by democratic principles and rule of law% focusing on the weak
and vulnerable in the society.
Activities:
The following activities are being conducted by Jananeethi for spreading legal
literacy to enable individuals and groups to respond to violations of civil and human
rights in a wider spectrum.
• Bare-foot lawyers/para-legal activists
Basic courses in elementary laws are conducted for public spirited young men and
women to be trained as bare-foot lawyers. They have minimum educational
qualification of 10+2 or above. They may be either members of NGO’s or
Community organizations, or social/environmental activists who would also like to
take up legal / human rights issues. After one week’s crash program on the essential
and elementary laws, they are given certificates and will be competent to identify
violations of individual or community rights. If they are not able to sort out any
complicated matter, such matters could be referred to the law faculty of Jananeethi.
There will be refresher/updating programmes over and again depending the need.
There may be para-legal workers specially trained in specific thrust areas like
minorities, indigenous people, child rights, gender issues, right to information,
consumer rights, torture and custodial violence etc.
• Professionals
Well educated and highly placed professionals too are often not conversant with
provisions in laws and implications of their violations. Many do not know the
nitty-gritty of several statutory laws and their applications. For example, the newly
legislated Act for the Protection of Women against Domestic - Violence is
purportedly be complied with by a vibrant administrative machinery. However, the
fact remains that vast majority of the officers and professionals like clinical
psychologists, therapeutic counselors, welfare officers, social workers, institutional
heads and academia are ignorant of their role and responsibilities as contemplated
in the Act. Jananeethi takes pains to organize workshops to sensitize them with
respect to such new generation legislations wherein the pro-
active role of various stakeholders is great significance.
2. Panchayat Shivir
'Panchayat Shivir’, is used here as a Hindi term for Interactive Legal Literacy Camp.
Law trainers may use it to aid tribal self-rule in India or other forms
of decentralization. Trainers may also use this tool in other countries that are
progressing towards decentralized governance.
Activities:
 Know your target group. For example, are they village headmen, members of
CBOs, local officials. Pitch your training accordingly.
 Make sure your trainer can deliver. What are their abilities, skills-as a trainer,
legal practitioner, linguist?
 The trainer must know the law in depth and how it works at the field level.
 Start with people’s existing knowledge of legal concepts. Create interest in
words commonly used in law. The meaning of words such as Judgment, order,
rules, regulations, acts, policy, petition, suit and decree are often a good
starting point.
 Build on existing knowledge. Relate law to everyday situations in a village
setting. Choose a live legal conflict and break it into phases: what, when, how
and the current context of the conflict.
 Create an atmosphere where there can be a free flow of information. Be
adaptive and respond to feedback especially during breaks.
 You need to measure how well you are doing and who you are reaching.
Collect information on numbers taking part, how involved they become,
where they are from, how much it costs them to attend. This will help you
priorities need.
 Trainers usually get information on legal conflicts in an anecdotal form often
with a political and social bias. To be objective, the bedrock of an effective
legal strategy, the trainer must separate legal issues from social, political and
moral opinions.
 Encourage others to speak, repeat an idea, explain to their neighbors, and
explain other similar examples. This clarifies things for both trainer and
trained.
 Always end with action-based next steps. Fix responsibilities, timelines, and
forums for further clarifications and exchange.
 Conduct sessions over several months. Reinforce learning because law and
legal concepts are not easy to understand.
Legal empowerment of the poor is central to efforts in legal literacy. The sphere of
law in India has expanded to protect not just individual rights but to protect the rights
of hitherto disadvantaged groups and communities living on the periphery of social
inclusion. More so as in India, the establishment of a just society based on equality
of opportunity is mandated by the Constitution itself. Laws made by the State aimed
towards equity are frustrated by the lack of implementation of such laws at the grass-
root level. Access to justice, thus, remains severely constrained by poverty, lack of
legal literacy and knowledge of its complexities (including procedural wrangles) of
the judicial system in India. Most law enforcers and administrators of justice are, at
times oblivious, most of the times apathetic towards the duties and obligations of
their professions. Villagers in rural India could be helped to access their rights with
the aid of legal clinics. Case studies, in other parts of the world, demonstrate, without
doubt, that legal literacy is known to obviate the alienation of the disadvantaged
groups, including the poor, from the legal institutional processes and enhance
peoples’ capacity to mobilize for change. Recent statutes in India, such as Scheduled
Tribes and other Forest Dwellers (Recognition of Forestry Rights Act 2006) are, in
effect, State responses to struggles led by ordinary people.
The aim of legal literacy is to familiarize the weaker sections of society with
their rights, their scope and also provide them with information required for the
assertion of such rights so that they may be able to take action and bring about a
change in their circumstances. It is only when such comprehensive education is
given, that legal literacy can be said to have been meaningful. Once the deprived are
made legally literate in this manner, we can confidently believe that we are one step
closer to achieving the goals that our constitution has laid out for us. This is because
an improvement in legal literacy will translate into the improvement of the financial
status of the people, which in turn takes us closer to social justice and equality
of opportunity.
Jananeethi’s efforts for legal literacy and legal awareness are an odyssey through
various successful interventions and interactions by diverse participants who work
for change of mind and change of character in our social milieu. An educated public
that is willing and able to demand that government act in a fair, transparent and law-
based manner can help achieve peaceful change.
Jananeethi, hereby, envisions a world where people everywhere have the
opportunity to access justice and join the knowledge economy that governs their
everyday activities.
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