About 70% of the people are living in rural areas and most of them are
illiterate and even more than that percentage of the people are not aware of the
rights conferred upon them by law.
But our concern is not those who are literate or illiterate, The aim of this
Article is to point out that even a substantial number of the literate people
living in the cities and villages do not know what are their rights and
entitlements under the law. It is this absence of legal awareness which is
responsible for the deception, exploitation and deprivation of rights and
benefits, from which the people suffer in the state. The miserable condition in
which the people find themselves can be alleviated to some extent by creating
legal awareness amongst the people. It is not that only illiterates but many
literate masses come under this part of darkness.
Legal literacy assumes part of basic education of individuals with the rapid
changing of society and system of administration. To impart legal literacy is
the social liability of students pursuing law degree or non-governmental
organization. Literacy can be communicated to the people through various modes,
like, organizing seminars, workshops, camp, training sessions, etc. by the legal
professionals or experts.
Very often, legal literacy camps are proved to be very effective among common
people as it is a great help to reach to the poor and underdeveloped. Hence,
legal literacy can be a very effective and influential means to inculcate
qualitative knowledge amid people and make them mindful about their rights and
privileges.
Sense Of Legal Illiteracy
Well, if we spell legal literacy it sounds like mere words, which precisely
means legal education but this legal literacy is not "just words", the literal
meaning behind these words can solve so many problems of our country. 73% of the
population of urban areas don't have any knowledge about law and their legal
rights.
Legal literacy means to educate people about their legal rights and duties.
Basically, legal literacy works as a precondition amongst people to live in
dignity. To assure a dignified life with the skill of legal knowledge – is the
motto of legal literacy.
The famous philosopher Aleksandr Solzhenitsyn quotes:
"Justice is conscience, not a personal conscience but the conscience of the
whole of humanity. Those who clearly recognize the voice of their own conscience
usually recognize also the voice of justice".
Therefore, legal literacy draws immense importance as it is a technique to make
people attentive towards the privileges of being human. To get justice in a true
sense, one must have basic legal knowledge and legal literacy serves this
purpose. Literacy may be dispersed through camping, training, educating, and so
on and so forth.
Causes of legal illiteracy
Accordingly, in a broader sense, we must remember that legal illiteracy is not
just having 'lack of awareness toward law' or 'awareness of law', but rather
making use of that knowledge or awareness. Modern societies are governed by the
'Rule of Law'. Most countries in the world have written and published laws. In
India also, laws are written, published, and notified with clear objectives.
However, the anomaly is, when one-third of the citizenry is denied education, it
cannot be expected to have any legal knowledge. Living in extreme poverty and
with a lack of access to authentic information, citizens cannot be expected to
learn and participate in legal discourse. Besides, a larger issue is that those
who are literate are also not asserting their legal rights for various reasons.
Thus, on the one hand, poor, marginalized citizens don't know and are fearful of
the system, while on the other, educated people are simply apathetic towards it.
- Deception and exploitation: People may be deceived or exploited due to a lack of legal awareness.
- Deprivation of rights: People may be deprived of their rights and benefits due to a lack of legal awareness.
- Injustices: Marginalized populations, especially women, may be subjected to injustices due to a lack of awareness and education.
- Delinquency: Legal illiteracy can be a cause of delinquency among young people.
- Access to justice: Low literacy may block people's access to justice.
Chief Justice of India Ranjan Gogoi once said the absence of legal awareness was the "root cause" of "deception, exploitation and deprivation" of the rights and benefits of the masses.
Emphasizing the need for "legal literacy", Justice Gogoi said:
"Awareness of one's rights and means of securing those rights are powerful instruments for bringing about social and economic progress. Absence of legal awareness is a root cause of deception, exploitation and deprivation of rights and benefits of the masses. Legal literacy and legal awareness go hand in hand."
Main Contributors of Legal Illiteracy
First Contributors:
Remember, a large number of people in our country are living with little or no access to literacy (the basic ability to read and write), and their only source of a little legal knowledge is word of mouth. They are not only dependent on information, but also on comprehension and interpretation. As a result, if the carriers of legal information to these marginalized sections are misinterpreting any law, missing crucial information, conveying the wrong message, and using difficult language and jargon while explaining anything, then it is bound to create a negative perception. People may get intimidated and, consequently, lose interest.
Second Contributors:
There are two kinds of people: those who are either illiterate in general or legally illiterate and so, are ignorant of their legal rights and remedies; additionally, there are people who are literate and legally aware but are apathetic about using the law. Moreover, legal experts opine that educated people escape from the legal system because of the complexities involved. These complexities are multilayered and operate at different levels of language and procedure. No doubt, even the most basic laws are complex enough to surpass the comprehension ability of graduates and postgraduates.
Quoting Mahatma Gandhi:
"The first step to achieve justice is to make injustice visible."
The CJI said, "Pursuit of justice must involve elimination of injustice, and it is unjust that anyone is denied the opportunity of pursuing their right owing to poverty".
Provisions under Law
- Article 39A: The Constitution of India 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 securing justice are not denied to any citizen by reason of economic or other disability.
- Articles 14 and 22(1): These articles make it obligatory for the State to ensure equality before the law and a legal system that promotes justice on a basis of equal opportunity to all.
National Legal Literacy Mission
National Legal Services Authority (NALSA) has formulated the National Plan of Action on spreading Legal Literacy across the country and launched the National Legal Literacy Mission for a period of five years (2005-2009) at the national level in Delhi on March 6, 2006, in the presence of the Hon'ble Prime Minister of India, the Hon'ble Chief Justice of India, and the Hon'ble Union Minister of Law and Justice.
There is a lack of awareness amongst the general public about the free legal
services being provided to them under the Legal Services Authorities Act, 1987.
The objective of the Mission is to organize Legal Literacy Campaign at all
levels to achieve maximum benefit in the given period of five years.
The purpose of the Mission is to visualize knowledge through legal education
that lends dignity to people. The Mission aims at education on legal rights,
constitutional obligation, right to information on the benefits of legal aid and
the system of accessing legal aid through the Legal Services Authorities /
Committees. By taking law to the masses through informal learning techniques,
the legal education to be imparted will help in raising the consciousness of the
citizen and thereby make justice accessible and affordable to the people.
SALSA is responsible for implementing NALSA's policies and directions at the
state level.
SALSA's functions include:
- Providing free legal services to eligible people.
- Conducting Lok Adalats, including those for High Court cases.
- Organizing legal awareness camps in rural areas.
The Code of Civil Procedure, 1908 has two specific provisions which deal with legal aid:
- Order XXXIII – Deals with suits by indigent persons.
- Order XLIV – Deals with appeals by indigent persons.
These are the basic legal rights that every individual should know:
- Right to Equality (Articles 14-18, Constitution of India)
- Right to Freedom (Articles 19-22, Constitution of India)
- Right to Life and Personal Liberty (Article 21, Constitution of India)
- Right to Freedom of Religion (Articles 25-28, Constitution of India)
- Right to Constitutional Remedies (Article 32, Constitution of India)
- Right to Education (Right to Education Act, 2009)
- Right to Information (Right to Information Act, 2005)
- Right to Privacy (Justice K.S. Puttaswamy v. Union of India, 2017)
- Right to Equality in Employment (Equal Remuneration Act, 1976)
- Right to Protection from Domestic Violence (Protection of Women from Domestic Violence Act, 2005)
- Right to Protection from Child Labour (Child Labour Prohibition and Regulation Act, 1986)
- Right to Access to Justice (Legal Services Authorities Act, 1987)
These rights are fundamental to ensuring social justice, equality, and
individual dignity. Familiarity with these rights is crucial for legal literacy
and effective citizenship.
Responsibility of schools
Schools have a profound obligation to foster legal literacy among their
students, thereby empowering them to navigate the complexities of the legal
landscape. To fulfil this duty, educational institutions must integrate legal
education into their curricula, incorporating subjects like jurisprudence,
statutory interpretation, and constitutional law into existing courses such as
civics, social studies, or ethics.
Furthermore, schools should organise workshops, seminars, and guest lectures
conducted by legal practitioners, judges, or academics, providing students with
a nuanced understanding of legal principles and their practical applications. By
promoting critical thinking, analytical reasoning, and problem-solving skills,
schools can enable students to evaluate legal issues, discern fact from fiction,
and develop informed opinions.
Additionally, schools should promote awareness about social and civic issues,
such as human rights, civil liberties, and social justice, within the context of
the legal framework. By providing access to legal resources, including case law,
statutes, and academic articles, schools can support students' legal research
and scholarship.
Ultimately, schools must foster a culture that emphasizes the importance of
rights and responsibilities, encouraging students to respect and uphold the rule
of law, and support student lead initiatives that promote legal knowledge and
skills, such as mock trials, debates, and legal clubs.
Moreover, After pandemic, Schools have added new additional subjects in which
they teaches about AI,YOUTUBE, HOW TO CONNECT YOUR MOBILE PHONES TO SPEAKERS,
INSTAGRAM and many other irrelevant or can be relevant topics but the most
ashamed thing is that schools are putting more emphasis on this subjects rather
teaching about our basic laws.
There are some rights that every student should have knowledge about:
- Indian Context:
- Right to Education (RTE): Section 21-A of the Constitution of India, 2002 - Ensures free and compulsory education for all children between 6-14 years.
- Protection of Children from Sexual Offences (POCSO) Act, 2012: Sections 3-7 - Protects children from sexual abuse and exploitation.
- Juvenile Justice (Care and Protection of Children) Act, 2015: Sections 2-4 - Ensures care, protection, and rehabilitation of children in conflict with law.
- Right to Information (RTI) Act, 2005: Sections 3-7 - Empowers students to access information from public authorities.
- Global Context:
- United Nations Convention on the Rights of the Child (UNCRC): Articles 1-42 - Outlines fundamental rights of children, including education, protection, and participation.
- Universal Declaration of Human Rights (UDHR): Articles 1-30 - Enshrines basic human rights, including equality, freedom, and justice.
- General Legal Awareness:
- Cyberbullying laws: Understand online harassment and reporting mechanisms.
- Intellectual Property Rights (IPR): Learn about copyrights, trademarks, and patents.
- Consumer Protection Laws: Know your rights as a consumer.
- Environmental Laws: Understand your role in protecting the environment.
These are just a few examples, but it's essential to note that laws and
regulations vary by country and region. Encouraging students to learn about
their local laws and rights can help them become informed and responsible
citizens.
Disregarding fundamental duties and contravene others' legal rights
People disregard others' fundamental rights in various ways, including
discrimination, where they treat others unfairly based on characteristics like
race, gender, or religion. Bullying, harassment, and exploitation also violate
individuals' rights, causing physical and emotional harm. Violence, including
domestic violence and hate crimes, is another severe violation, while censorship
restricts freedom of speech and expression. Neglect, manipulation, and exclusion
also deny individuals their basic rights, leading to harm and marginalization.
Furthermore, bigotry and prejudice can lead to harm and exclusion, perpetuating
a culture of disrespect and discrimination. It's crucial to recognize and
address these behavior to protect fundamental rights and promote a culture of
respect, empathy, and inclusivity, ensuring everyone's dignity and well-being
are respected and protected.
By doing so, individuals compromise the rights and dignity of others, creating a
culture of disrespect, mistrust, and conflict. This pervasive disregard for
others' rights and duties undermines social cohesion, perpetuates inequality,
and necessitates a renewed emphasis on accountability, empathy, and respect for
the rights and dignity of all individuals.
"Democracy means the rule of the people, and the people must be informed and
educated to exercise their rights." - Sarojini Naidu (Indian poet and
politician)
In Kesavananda Bharati v. State of Kerala (1973[1]) case Justice A. N. Ray said:
"The Constitution is not a mere legal document, but a living and breathing
document that gives life and sustenance to the people."
Conclusion
In the ending of this article, I would just like to say that, legal literacy is
a serious concern for not just one but for all and by meaning of all means every
individual of this country including government, women, men, children and every
other citizen that includes. There are some steps that have been taken by our
government in the past but that steps are not enough to reach the destination
that we all have been seeing for our country.
- Deception and exploitation: People may be deceived or exploited due to a lack of legal awareness.
- Deprivation of rights: People may be deprived of their rights and benefits due to a lack of legal awareness.
- Injustices: Marginalised populations, especially women, may be subjected to injustices due to a lack of awareness and education.
- Delinquency: Legal illiteracy can be a cause of delinquency among young people.
- Access to justice: Low literacy may block people's access to justice.
The above points are the five main causes of legal illiteracy.
Below are some solutions and suggestions to address them:
- By making new laws, schemes, and stricter rules and regulations, especially for the protection of women, along with improving the National Legal Services Authority (NALSA).
- Schools should promote awareness about social and civic issues, such as human rights, civil liberties, and social justice, within the context of the legal framework. By providing access to legal resources, including case law, statutes, and academic articles, schools can support students' legal research and scholarship.
- People disregard others' fundamental rights in various ways, including discrimination based on characteristics like race, gender, or religion. To protect these rights, the government should introduce new laws and acts to educate and enlighten the people of India about their fundamental rights.
End-Notes:
- (1973) 4 SCC 225, para 643
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