Impact Of Legal Awareness On The Pendency Of Cases In India
Author: LawSphereX
Category: International Law
Published:
Updated:
IMPACT OF LEGAL AWARENESS ON THE PENDENCY OF
CASES IN INDIA
Sujitkumar C. Tayde, Judicial Magistrate First Class, Mumbai. (Ph.D. Research Scholar– Law) School of Law, G.H. Raisoni University Amravati, Maharashtra, Country – India Dr. Ranjan Dubey, Assistant Professor, School of Law, Amravati. G.H.Raisoni University, Amravati, Maharashtra, India
ABSTRACT
Martin Luther King said, “Injustice anywhere is a threat to justice everywhere. ” Thus, legal awareness makes the common man fit to face challenges in real-life situations. Knowledge of laws and remedies enables a person to stand for and face injustice in society. It is observed by Hon’ble Supreme Court Judge of India, Justice Abdul Nazeer that awareness of Law prevents docket exclusion which is the outcome of people’s reluctance to approach either the police or courts and suffer injustice. It is settled that denial of effective and substantial assistance of counsel to an accused/defendant shall be a violation of the fundamental right. Legal awareness aims to empower poor and disadvantaged sections of society to seek and demand justice services.
Robert Kennedy, Attorney-General of the United States of America in his Law Day Speech on 1 May 1964 said that a poor person views the law as an enemy and not as a friend. He further opined that poor person feels that the law always takes something away. Thus, lack of awareness not only creates an obstacle in the way of access to justice but also increases the pendency of cases in courts. India has the largest number of pending Court Cases in the world. A better understanding of the common man’s legal rights is one of the key causes for the increasing number of pending cases. Legal literacy promises access to justice. It makes a litigant find out the possible ways to resolve disputes at the pre-litigation or post-litigation stage by taking recourse to the Alternative Dispute Resolution scheme and such type of approach may reduce the pendency of cases in India.
Keywords: Injustice, Legal Awareness, Laws, Remedies, Pendency of Cases, Legal Aid.
Introduction It is seen that in modern or developed countries most of the citizen are aware and conscious about their legal rights and duties. The Indian constitution has provided fundamental rights in part 3. As well as there are some legal and constitutional rights available for citizens in India. In fact, our country is still developing contrary. Therefore, as compared to the developed countries like UAS, UK, Japan, etc. , our citizens are required to be made aware of their legal rights and constitutional rights, but at the same time, they should know their duties also because the rights and duties are two sides of a coin. There is no doubt that lawyers, judges, and law students get an idea of their rights and duties. But unless and until they spread their legal knowledge to a layman, we cannot expect that citizens should behave in a proper and justified manner.
In short, if we expect that our society should be law abiding and peaceful, therein, a legally versed person must be aware of his family members, his friends, and any person who comes into his contract for any purpose. Thus, in short, we can say that legal awareness is a tool to make aware common public about their fundamental rights, constitutional rights, legal rights, and duties. if we succeed in increasing and improving the rate of legal literacy, then we can expect the effective participation of our citizens in democracy. Article 21 of the Indian Constitution gives a guarantee to deliver justice expeditiously based on equal opportunity1i. So also, article 39A of the constitution provides for free legal aid to ensure opportunity for securing justice. 2 Free legal aids are not denied to any citizen based on economic or other disabilities.
In my opinion, this constitutional mandate will only be fulfilled if every citizen of India irrespective of his financial status, is made aware of these provisions. Now, I turn to explore how legal awareness is important in reducing or increasing the pendency of cases. Before dealing with this issue, let us have a glance at the present scenario of the pendency of cases. Article 21 of the Indian Constitution gives a guarantee to deliver justice expeditiously based on equal opportunity. In order to provide the chance to get justice, article 39A of the constitution also offers free legal aid. No citizen is denied free legal aid due to their financial predicament or any other kind of incapacity. In my opinion, this constitutional mandate will only be fulfilled if every citizen of India irrespective of his financial status, is made aware of these provisions.
Now, I turn to explore how legal awareness is important in
1 INDIA CONST. art.21
2 INDIA CONST. art 39A
reducing or increasing the pendency of cases. Before dealing with this issue, let us have a glance at the present scenario of the pendency of cases. “Justice delayed is justice denied,"3 as the saying goes. In reality, a swift trial is a crucial component of the reasonable, just, and equitable procedure that is promised by Article 21 of the Constitution of India. However, there is significant pressure on India's legal system. According to former Supreme Court Justice Markandey Katju, it will take 360 years to resolve the backlog of cases in all courts, if no new cases are filed4. This estimate was made in "The Tribune. " When he wrote, approximately 33 million cases were pending. Over 4. 7 billion cases are waiting in the judiciary at all levels as of May 2022. It says that 87. 4% are pending in lower courts, while 12. 4% are in higher courts5.
In such circumstances, it is the need of the hour to find innovative steps to reduce the pendency of cases. Several factors are responsible for increasing the pendency of cases in courts. Robert Kennedy, Attorney-General of the United States of America in his Law Day Speech on 1 May 1964 said that a poor person views the law as an enemy and not as a friend. He further opined that poor person feels that the law always takes something away. Thus, lack of awareness not only creates an obstacle in the way of access to justice but also increases the pendency of cases in courts. In this article, I intend to deal with the topic i. e. , the Impact of legal awareness on the pendency of cases. Before dwelling deep into the matter, let us have a glance at the terminology of legal awareness.
Multiple Action Research Group, an NGO working for the promotion of legal awareness, defines legal awareness as critical knowledge of legal provisions and processes, coupled with the skills to use this knowledge to respect and realize rights and entitlement. Why Do People Knock on The Doors of Court? We know that only two kinds of things exist on the earth namely living and non-living. Non-living substances have no life whereas living have. It is known to all that man is a social 3 Brian Green, ‘Regarding Reparations, the US Should Adhere to the Highest. ’(www. scu. edu , July 15, 2020) accessed March 25, 2024. 4 Atul Kumar, ‘Pendency of Cases. ’ (articles. manupatra. com, June 20, 2020) accessed March 25, 2024.
5 Sumeda, ‘The Clogged State of the Indian Judiciary’ www.thehindu.com (May 10, 2022)
accessed March 25, 2024.
animal who lives to fulfill his following eight needs only: -
1. Health and preservation of life.
2. Food.
3. Sleep.
4. Money and the things money will buy.
5. Life in the hereafter.
6. Sexual gratification.
7. Well-being of his children.
8. Feeling of importance.
All the things noted above are the aims of every common adult for which he waits, struggles, and tries to get them. Every happening in the struggle to get these things gives birth to conflicts and disputes. In fact, in ancient times if the disputes were not settled between the community, then such unsettled disputes were taken to kings who were irresponsible for deception of justice. By passing the time the monarchy system gradually came to an end and thereafter, the disputes were tabled before the court of law. The judiciary is the third important pillar of democracy in India. It not only interprets the law but also settles disputes. With the growth of industrialization and awareness about legal rights, Most of the citizens started to knock on the doors of the courts. We know that the number of courts did not increase in direct proportion to the increase in population.
Therefore, the increasing flow of cases was choked and the courts were flooded with cases. Even after the lapse of 75 years from the independence, several litigants are still running to post and pillars for getting justice. Thus, the problem of pendency of cases, backlog, and arrears of cases have become the burning issues. In This paper, the researcher has pointed out the inter-relations between legal awareness and increasing pendency of cases. As well as the researcher has suggested some solutions to reduce the pendency of cases by using proper implementation of legal awareness. In short, the theme of this paper is to explain the impact of legal awareness on the pendency of cases in India.
Before Elaborating on The Concept of Legal Awareness, Let Us Have A Glance At The Reasons For The Increasing Pendency Of Cases In Indian Courts.
1. The first reason for increasing is the blame game by the judiciary and executive. In other words,
the stand of the judiciary is that there is a lack of judicial infrastructure and a shortage of judicial officers in India. On the other hand, the accusation by the executive is that there is a lack of accountability of the judicial system to the people and government.
2. The complicated and rigid legal procedure is beyond the understanding of the common man.
3. Lack of Gram Nayalay and Mobile Fast-track court at the gross root level.
4. Moderate use of Digital reforms and modern technology.
5. Lack of Legal awareness in society.
In this paper, the researcher will deal with the issue of legal awareness and its impact on the pendency of cases in Indian Courts. Need of Study There is significant pressure on the Indian Judicial system, as per the news published in Hindu Newspaper dated 10th May 2022, over 4. 7 billion cases are waiting in the judiciary at all levels as of May 2022 The law ministry of India, Kiren Rijiju opined “Pendency of cases is a multi-faceted problem. Due to the increase in the population of the country and awareness of their rights amongst the public, filing of fresh cases is also increasing with leaps and bonds year after year. ”6 It has been noted that the number of cases filed annually surpasses the number of cases disposed of. This inverse ratio causes the pendency of cases. There are several reasons for increasing the pendency of cases.
In short, our judicial system is unable to decide the cases within the time frame. In such a scenario, there is a dire need to stop the flow of filing cases and to increase the disposal rate. These may be possible if the public/litigants are aware of legal education. On the point of legal awareness, I surveyed litigants whose cases are pending in the district court Amravati of Maharashtra state. Having analyzed data, it is reflected that 52% of the litigant do not know whether their respective cases are compoundable. 63% of litigants do not have any idea about the fact that they can opt for plea bargaining. Even 36% of the litigant 6Ibid 5.
that they do not know that they can get progress or status reports of their cases pending in the court. The most surprising fact is that 74% of litigants have no idea about the importance of Lok Adalat and mediation because their cases were not referred to mediation or Lok Adult. Thus, the analysis of sample areas reflects that it is the need of an hour to impart legal awareness about court procedures and possible ways to get the cases disposed of by taking resources of Lok Adalat and mediation. Moreover, if the public knows what is right and legal, then they cannot dare to initiate frivolous litigants which may stop the flow of filing of cases. Thus, there are positive and negative impacts of legal awareness on the pendency of cases in Indian courts. In this research paper, I have tried to point out the importance of legal awareness for reducing the burden on the Indian courts.
Research Desing and Methodology I have conducted a study on the crucial issue of the impact of legal awareness on the
pendency of cases by adopting a descriptive research design. I obtain the opinions of some litigants and stakeholders of the Indian Judicial system to understand the importance of legal awareness. I have conducted interviews with the litigants through the staff members on the point of their awareness about the procedural tools that are useful to reduce the pendency of cases. I have also collected secondary data on this issue. The research is a blend of doctrinal and non-doctrinal research methods. The Objective of The Study
1. To explore the current scenario of pendency of cases.
2. Describe the moods of creating legal awareness.
3. To describe the co-relations between legal awareness and the increasing rate of filing cases.
4. To suggest practical and possible ways for reducing the pendency of cases by implementing
the scheme of legal awareness in the proper perspective. What Is the Legal Literacy and Legal Awareness Programme? Since 2012, the A2J Division of the Department of Justice (DoJ), Ministry of Law and Justice, Government of India, has implemented the Access to Justice Scheme in North Eastern
States such as Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Jammu and Kashmir. These programs are primarily concerned with community legal empowerment, the dissemination of simplified Information, Education, and Communication (IEC) materials in local languages and dialects, and the capacity development of Panchayati Raj Functionaries and Village Chiefs on the formal justice delivery system. The first phase of the A2J-NEJK Scheme was completed in 2017, and the second phase will be completed in March 2021. The goal of the Legal Literacy and Awareness Program is to empower the underprivileged and marginalized people in society to demand and seek justice. The Programme also aims to strengthen the institutional capacity of important judicial service providers, allowing them to provide greater assistance to the poor and disadvantaged.
The Department of Justice has developed an initiative for access to justice called 'Designing Innovating Solutions and Holistic Access to Justice (DISHA)', which will be implemented between 2021 and 2026. DISHA aspires to combine several “Access to Justice (North East and Jammu and Kashmir) projects” currently being carried out by the DoJ while also scaling them up to the national level. One of DISHA's primary goals is to develop a Pan-India Legal Literacy and Awareness Programme. Definition of Legal Awareness According to the American Bar Association Commission on Public Understanding, 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.
The Canadian Bar Association defines legal literacy as, “the ability to understand words used in a legal context, to draw a conclusion from them, and then to use that conclusion to take action. ” Legal awareness also known as legal consciousness is the improvement of individuals regarding issues involving the law. Legal consciousness is defined by Ewic and Silbey as the process by which people make sense of their experience by relying on legal categories and concepts. 7 7www. athabascau. ca, Commission on Future Legal Education by American Bar Association What is legal literacy? Examining the concept and objectives of legal literacy https://www. athabascau. ca/syllabi/lgst/docs/LGST249_sample. pdf (Accessed on 7th January 2024)
Importance of Legal Awareness There is a famous quote by American philosopher Jerome Frank that in democracy, the court belongs not to the lawyers and judges, but it belongs to the citizens. However, it is seen that even after 75 years of independence, there are so many people who do not know their rights, duties, and liabilities. A lack of legal awareness not only gives rise to injustice but also deprives a person of getting justice. Hence, legal awareness has become the need of the hour. The famous maxim “Ignorantioa Facti excust. , Ignorantia juris non-excusat” means ignorance of the law can never be excused. This maxim is applicable in the current justice system where Courts check if there is any ignorance of the law by parties in any case. But while performing this task, a lot of time is consumed by the Courts.
It is noted that some litigants do not possess proper knowledge of their legal rights and therefore, there is a likelihood of being misguided. So also, sometimes it is observed that though some litigants are aware of their rights, they do not know their duties. Undoubtedly, there have been substantial attempts to combat poverty, malnutrition, and even illiteracy, but there is a lack of noticeable efforts to make people aware of legal awareness. It is noticed that legal awareness is a double-edged weapon. It may increase the pendency of court cases, but sometimes, it is also useful to reduce the pendency of cases. Before elaborating on these crucial points, let us have a glance at the advantages and drawbacks of legal awareness. People who are conscious of the law are more competent to demand accountability, equitable treatment, and efficient remedies at all levels.
People's ability to obtain justice may be hampered by low legal literacy. In a note to the UN General Assembly 67th session, the UN secretary-general states, “the deprivation that person living in poverty encounter throughout their lives - lack of accesses to quality education, reduced accesses - translates into the lower level of legal literacy and awareness of their rights, creating a social obstacle to seeking redress. ”8 Legal Awareness About Alternative Dispute Resolution Mechanism (ADR) In Reducing the Pendency of Cases. 8 United Nations Human Rights Office of High Commissioner, ‘Statement by the Special Rapporteur on Extreme Poverty and Human Rights at the 67th Session of the General Assembly (2012). ’ (www. ohchr. org, October 30, 2012) accessed March 25, 2024.
Nowadays the Courts are flooded with several cases. It is observed that some of the disputes occurred only due to ego and misunderstanding of real facts. In those matters, parties do not opt to settle their disputes in the open Court. Therefore, such type of cases may be settled outside the Court Room. To resolve disputes, the Alternative Dispute Resolution Mechanism (ADR) is provided in the Code of Civil Procedure. Given the provisions of Order X of the Code of Civil Procedure, the obligation is cast upon the Court to direct the parties to the suit to opt for either mode of settlement outside the Court as specified in Sub-Section (1) of Section 89 of the Code of Civil Procedure. So let us have a glance at the niceties of Section 89 which was inserted in the Code of Civil Procedure (Amendment) Act 1999 S-7 (w. e. f. 01-07-2002).
Section 89: - Settlement of Dispute Outside of the Court (1) Where it appears to the court that there exist elements of a settlement that may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties, the court may reformulate the terms of a possible settlement and refer the same for a) Arbitration b) Conciliation c) Judicial settlement including settlement through Lok Adalat; or d) Mediation. (2) Where a dispute has been referred: (a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act.
(b) to Lok Adalat, the court shall refer the same to the Lok Adalat by the provisions of subsection (1) of section 20 of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat; (c) for judicial settlement, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat, and all the provisions of the
Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (d) for mediation, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.9 Importance Of Awareness About Lok Adalat, Mediation, And Legal Aid Clinics
A) Lok Adalat: -
Burton J. (1990) Conflict: Resolution and Prevention. New York: St. Martin's Press. Worldwide, India has the highest number of unsettled court cases. In 2022, the total number of pending cases of all types and at all levels rose to 50 million or 5 Crores10. Former Chief Justice of India Shri N. V. Ramana opined that the pendency of cases is the biggest challenge before the Indian judiciary11. The details of the cases disposed of in Lok Adalat during the last two years are as under12:- As per the statistics compiled by the law ministry, more than 50 Lac cases have been disposed of every year on average in the last three years by the Courts in India. 13 Thus, it appears that Lok Adalat plays a vital role in reducing pendency.
If the dispute is settled before the Lok Adalat, then the Award is passed by the terms and conditions mentioned in the Memo of 9 District Court, “Section 89 CPC- Settlement of Dispute Outside of Court” (districts. ecourts. gov. in) accessed March 25, 2024.
10 Supreme Court of India, “National Judicial Data Grid” (njdg.ecourts.gov.in)
accessed March 25, 2024.
11 The Economics Times, ‘Pendency of Cases a Huge Challenge, Says Outgoing CJI N V Ramana’
economictimes.indiatimes.com (August 26, 2022) accessed March 25, 2024. 12 Press Information Bureau Government of India, “Settlement of Cases in Lok Adalat” (pib.gov.in, December 9, 2022) accessed March 25, 2024.
13 The Times of India, “More than 50 Lakh Cases Disposed on an Average by National Lok Adalat’s”
timesofindia.indiatimes.com (February 15, 2018) accessed March 25, 2024.
Compromise, if any. The Award passed by the Panel Members of the Lok Adalat is deemed to be the decree of the Civil Court and it is binding on the parties to the suit. Moreover, no appeal against such award lies before any Court of Law. However, subject to certain provisions, the award can be challenged by filing the Writ in the Court of appropriate jurisdiction. The parties receive a refund of the court fees they paid at the time for their complaints or petitions if the case they filed in court is resolved in Lok Adalat. The compoundable and suitable civil disputes can be referred to the Lok Adalat. So also, Mobile Lok Adalat may be organized in various parts of the district from one location to another to resolve disputes to facilitate the resolution of disputes through this mechanism. A permanent Lok Adalat can be established at the district place.
Given Section 22 -B of the Legal Services Authorities Act 1987, Permanent Lok Adalat can be set up to provide a compulsory pre-litigation mechanism for conciliation and settlement of cases relating to public utility services like transport, postal, telegraph, electricity bills, taxes, etc. It is pertinent to note here that even if the parties fail to settle, then permanent Lok Adalat gets jurisdiction to decide the dispute provided the dispute does not relate to any offence. In some districts of India, permanent Lok Adalats are yet to be set up. If this effective mechanism is established and periodical sittings of the permanent Lok Adalat are arranged, then the burden of filing such types of cases can be reduced.
B) Mediation: -
The philosophy of alternative dispute resolution (ADR) is to motivate people to resolve their disputes amicably. Mediation is a structured process of dispute resolution in which a Mediator, a neutral person trained in the process of mediation works with the parties to a dispute to bring them to a mutually acceptable agreement. Mediation is creative. The mediator allows the parties to design a solution that is suitable to them. Both parties can ventilate their grievance in separate sessions and the Mediator gets the idea about real dispute. Thereafter, he creates options for the parties Mediation can resolve conflicts swiftly, more affordably, and with a greater sense of satisfaction for both parties regarding the resolution. Thus, it can be said that the settlement ratio needs to be enhanced so that the burden of the pending cases may be reduced.
Role of Legal Aid Clinics in reducing the pendency of cases given Article 39-A of the Constitution of India, the State shall secure the operation of the legal system and promote justice.
C) Legal Aid Clinics: -
Having regard to the concept of a warfare state, the scheme of Legal Aid Clinic has been prepared to provide legal relief easily to the indigent and backward section of our society. The theme of the establishment of Legal Aid Clinics is based on the function of the Primary Health Care Centre in rural areas. The primary objective of establishing the Legal Aid Clinic is to give affordable, regional legal services such as basic legal advice, drafting of petitions, notices, and replies, and resolving disputes by setting up in-person meetings. Another benefit of this scheme is that a person who feels that he is deprived of exercising his rights can get confirmation as to whether such rights are available to him. In other words, if an aggrieved person gets proper legal advice at their place, then he will either approach the Court with a specific stand or he will not dare to proceed further.
On these two accounts, the valuable time of the Court will be saved and there will be a reduction in pendency. In some districts, Legal Aid Clinics have been established. If the awareness about the benefits of Legal Aid Clinic is made in the general public, then people will be able to get their disputes resolved without knocking on the doors of Courts and as a result, Courts will be able to dispose of pending cases. In the backdrop of the discussion noted above it can be said that the need of the hour to mitigate the problem of pendency is to think out of the box. There should be a change in the mode of the traditional justice delivery system. In short, the pendency can be curbed. by using technology and by utilizing the Alternative Dispute Resolution Scheme (ADR) to its full potential.
Position of Legal Awareness in India The State wants us to obey the law even though we do not know it. Indian Constitution guarantees several fundamental rights. According to a study, about 35% of Indians are deprived of their basic rights which means they lack basic knowledge of the laws that govern them. Thus, it reveals that though India has got the top position in the field of population in the World, yet majority of people are not aware of the legal system prevailing in the country. Even though some of them are aware of it, they are not in a position to afford the expenses of legal litigation charges due to their economic or social background. According to Article 21 of the Indian Constitution, no one may be deprived of their life or personal freedom unless a legally prescribed process is followed. To get substantive equality,
there should be access to justice for all citizens. In my opinion, if poor citizens or backward social groups are provided legal aid, then we can say that legal awareness is created properly. Legal Awareness Programs for Women and Girls The National Commission for Women was set as a statutory body in January 1992 under the National Commission for Women Act 1990 with a mandate to safeguard the constitutional rights of women. The National Commission for Women (NCW) has launched a "countrywide legal awareness program for women and girls" in response to the need to educate women and girls about the law and their rights. Basic Objective of Legal Awareness Program for Women and Girls14 -
1. Impart practical knowledge about the basic legal rights and remedies provided under various
women-related laws, thereby making them fit to face the challenges in real-life situations.
2. To sensitize men about the rights of women.
3. To create awareness about the various machineries/organs of the Justice delivery system
available for redressal of their problems/grievances.
4. The procedure of approaching and utilizing various channels available for the 3 redressal of
grievances i.e. the Police, the Executive, and the Judiciary.
5. The role of Courts in achieving gender equality, most importantly the concept of Public Interest
Litigation.
6. The role of District Legal Service Authority, Free Legal Aid, and Lok Adalats.
This program is implemented through non-government organizations (NGOs) and reputed institutions. It aims to spread the knowledge of their rights and duties. by way of this program, women and girls become capable of accessing justice. The main objective of this mission is to play a vital role in organizing programs from cities to villages. The NGOs, Social workers, and Women activists are the stakeholders of this program. This legal awareness
14 National Commission for Women, “Guidelines for Implementation of Legal Awareness Programs” (2019)
accessed March 25, 2024.
program gives ideas about family laws, criminal laws, and legal aid systems to illiterate women and girls. The commission finances assistance to organize the legal awareness programs and eligible organizations can be sent their proposals to the chairpersons and National Commission of Women. In fact, at the village level, whenever Gram Sabha is organized, then the official of Gram Panchayat should inform women and girls about the scheme of the legal awareness program which is conducted by the National Commission for Women.
A Pan-India Special Campaign For Created Legal Awareness Through National Legal
Services Authority NALSA used its nationwide organizational framework to launch a Pan-India Special Campaign for Creating Legal Awareness on September 17, 2021. The highlights of this campaign included the deployment of 185 Mobile Vans and other vehicles to show-case films and documentaries on the Access to Justice program, holding off 4100 Legal Aid Clinics to give pre-litigation / legal advice to common citizens with the help of 37,000 Panel Lawyers and Para-Legal Volunteers besides holding awareness programs at the village level on legal aid in nearly 1500 villages of 672 districts. 15 National Legal Services Authority (NALSA)also organized six- a six-week “Pan India Legal Awareness & Outreach Campaign” from 2nd October 2021, under Azadi Ka Amrit Mahotsav. As a part of this campaign, Door-to-Door visits were organized reaching out to 86cr citizens.
Nearly 6 lakh Awareness Programmes were organized benefiting 26 cr citizens. More than 39,000 Legal Aid Clinics were held which assisted nearly 1. 50 cr citizens. 26,460 Mobile Vans were deployed in 3. 21 lakh villages which sensitized 19 cr citizens about Legal Aid services. 16 Issue of Pendency of Cases and Legal Awareness During the Pandemic Of COVID-19 During the period of the pandemic, the disposal rate was decreased because of the periodical functioning of the Courts. In the era of modern technology, the Corporate Sectors are becoming techno-savvy. But in our Courts, some traditional modes of conducting trials are still being continued. It is worthwhile to mention here that the E-Court Project was launched in 2005 and its third phase is being implemented now. The prime consideration of the E-Court Project is to serve justice within a short period.
E-Court Project sets the main objective to 15 Press Information Bureau Government of India, “Year End Review: Department of Justice” (PIB Ministry of Law and Justice 2021) accessed March 25, 2024.
16 Ibid 16.
provide efficient and time-bound justice to citizens. It is aimed to enhance judicial productivity. Thus, cases can be filed online mode. However, after collecting the data, it has been found that minimum cases have been filed by E-service Mode till today. In such circumstances, there is a need to spread awareness to the general public in this regard so that the services of the Court Officials and Staff will be utilized in the live functioning of the Court. Most of the cases are pending at the stages of the appearance of the accused/ defendants for want of proper service. Therefore, there is a dire need to implement effective mechanisms in this regard. It is said that the Indian Legal Industry is becoming majorly dependent on IT-enabled virtual systems and communication facilities to minimize the effect of the global pandemic.
To reduce the delay in disposing of cases, the Hon'ble Supreme Court has launched a new App (SUPACE) wherein the use of artificial intelligence is elaborated. Some of the petty cases are of stereotypes. Therefore, there is a need for an hour to see whether such stereotype cases can be disposed of by using artificial intelligence. One of the vital modes of reducing the pendency is the effective use of Alternative Dispute Resolution as contemplated under Section 89 of the Code of Civil Procedure. As per the Bombay High Court Circular, every Court must refer at least two cases for mediation. To reduce the pendency of cases, periodical Lok Adalats are being arranged. Thus, regarding the pendency of cases, it is necessary to enhance the settlement ratio of the cases in Lok Adalat so that the burden of disposing of the cases will be reduced.
If the proper INTERNET facilities are provided by the rules and regulations, then the litigants can settle their disputes by using video conferencing, and that can reduce the pendency of the cases. Now I turn to discuss the procedural flaws that increase the burden on the Courts. In fact, after being served with the notice or summons, a defendant in a civil case is required to file his reply or written statement within one month. Though such a mandatory period may be extended up to 90 days, it is noticed that such mandatory provisions are not complied with strictly and, therefore, the suits are proceeded without written statements. But after the disposal of such cases, the defendants therein move the law in motion by taking the shelter of procedural aspects and this is one of the main causes of delay in the cases.
Apart from this, if the provisions of Order XV of the Code of Civil Procedure are strictly followed, then most of the civil cases may be disposed of at the first hearing. The main barrier in disposing of the case is adjournment. In fact, as per the settled provisions of Order XVI of the Code of Civil Procedure, the party to the
suit can avail of only three adjournments for hearing. But it transpires that several adjournments are being sought on different grounds and such adjournments are liberally granted to avoid the conflict between the Judicial Officers and the lawyers. Thus, there must be control over the unwanted and time-killing adjournments so that the cases can be disposed of rapidly. Landmark Judgments on Legal Awareness
1. In the case of M.H.Hoskot Vs. State of Maharashtra17 As reported in (1978) 3 SCC 544, the
Hon’ble Supreme Court of India held that free legal services at the trial court and appellant level where deprivation of life or personal liberty is at stake, are necessary components of procedural justice. Therefore, when a prisoner is disabled from engaging a lawyer on the ground of indigence, the court shall assign a competent council for the prisoner’s defense provided the party does not object to that lawyer. These services must be paid by the state.
2. In the case of Sheela Barse Vs. State of Maharashtra18 (1983) 2 SCC 96, the Hon’ble Supreme
Court of India issued directions on the need to provide legal assistance to all prisoners lodged in jails. In Maharashtra state. The court reiterated the constitutional imperative of providing legal aid to poor accused who faced deprivation of life or personal liberty. It emphasized the importance of these rights to restore failure in the justice system.
3. In the case of Rajoo Ramakant Vs. State of Madhya Pradesh19 (2012) 8 SCC 553, the Supreme
Court of India held that an eligible person is entitled to legal services at any stage of the preceding which she or he is prosecuting to defending.
4. In the case of Hussainara Khatoon & Ors. Vs Home Secretary, State of Bihar20 1979 AIR 1369,
1979 SCR (3) 532, the Hon’ble Supreme Court held that legal services are an essential
ingredient of just, fair, and reasonable procedure under Article 21 of the Indian Constitution. It impressed upon the government. There is a need to introduce a comprehensive legal service program.
5. In the case of Mohammad Jalmal Mohammad Amir Kasab and others Vs. State of
17 M.H.Hoskot Vs. State of Maharashtra (1978) 3 Supreme Court Cases 544: 1978 Supreme Court Cases (Cri) 468. 18 Sheela Barse Vs. State of Maharashtra (1983) 2 Supreme Court Cases 96: 1983 Supreme Court Cases (Cri) 353. 19 Rajoo @ Ramakant Vs. State of Madhya Pradesh (2012) 8 Supreme Court Cases 553: (2012) 3 Supreme Court Cases (Cri) 984: 2012 SCC OnLine SC 597
20 Hussainara Khatoon & Ors. Vs Home Secretary, State of Bihar (1979) AIR 1369, 1979 SCR (3) 532
Maharashtra21 (2012) 9 SCC 1, the Hon’ble Supreme Court retreated right to access legal aid arises when a person arrested in connection with a cognizable offense is forest produce before a magistrate. It is further held that the magistrate is obligated to make the accused fully aware of these rights and failure to discharge this duty would make the magistrate liable to departmental inquiry. Shir Justice S Abdul Nazeer, Judge Supreme Court of India, said that awareness of the law prevents docket exclusion which is the outcome of people’s reluctance to approach either to police or the courts and suffer injustice. He further opined that the docket exclusion and docket explosion which result from to pendency of cases are the two prime issues of concerts for the judiciary. Tools For Spreading Legal Awareness
1. Seminars: seminars mean a meeting or gathering with students or other people to share
experiences and to elaborate knowledge about a particular topic. Seminars are very useful at college levels where young minors can be used to make aware of their responsibility towards society. Thus, by way of holding seminars in college and municipal areas, people can be made aware of their rights and duties.
2. Lectures: in the school curriculum, special topics shall be interceded in respect of rights and
duties at an intermediate level. So also, lectures shall be held on such topics once a week at school and college levels.
3. Distribution of Pamphlets: In urban areas, pamphlets containing the averments about rights
and duties in the local language should be distributed in a weekly market through NGOs. as well as such types of pamphlets should be affixed at public places like bus stops, railway stations, hospitals, and offices of local bodies.
4. Social Media: nowadays almost all citizens residing in urban or city areas use social media
for various purposes. Therefore, by publishing short reels and clips on social media regarding awareness of legal literacy, we can achieve the goal of making the general public aware of their rights and duties. 21 Mohammad Jalmal Mohammad Amir Kasab and others Vs. State of Maharashtra (2012) 9 Supreme Court Cases 1: (2012)
3 Supreme Court Cases (Cri) 481: 2012 SCC OnLine SC 652
5. Role Play: role play is one of the best modes of spreading awareness about legal rights and
duties. Role play is acting or performing on a particular topic with a concrete object that the theme of that particular topic is spared amongst the viewers or observers. Thus, by arranging role plays about legal awareness in common public places, we can reach to maximum public at one time.
6. Legal Aid Clinic: The National Legal Service Authority (NSLA) is doing a pious job of
providing free and competent legal services to weaker sections of society. The establishment of a legal aid clinic is one of the most important objectives. Set by the NLSA. the competent authorities/officials appointed in such legal ais clinic may arrange legal camps at village levels. So also, they can visit schools and colleges to spread knowledge about legal awareness.
7. Paralegal Volunteers: paralegal volunteers mean a person appointed by the district legal
service authority under the National Legal Service Authority (Legal Aid Clinic) Regulation Act, 2011. Paralegal volunteers can spread awareness among the people about their primary human rights, fundamental and legal rights, and duties. They can assist in conducting legal literacy camps.
8. Multi-Utility Mobile Van: the National Legal Service Authority has made multi-utility
mobile vehicles that are equipped with audio and video systems. Such types of mobile vans can be used to spread legal awareness in each village town. Paralegal volunteers and Lawyers, retired Judges and government officers who possess knowledge about government schemes and facilities may be engaged in spreading legal awareness through the multiutility mobile vans. Advantages of Legal Awareness
1. In the case of Unni Krishnan Vs. State of Andhra Pradesh reported in 1993 AIR 217.22 The
Hon’ble Supreme Court of India held that education is one of the most important pillars of humanity and health. It is, therefore, equally important to spread legal awareness about basic rights in society. 22 Unni Krishnan Vs. State of Andhra Pradesh (1993) AIR 217 (1993) AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT
1993 (1) 474, 1993 SCALE (1) 290
2. Legal awareness increases access to justice because so many people do not know that they can
get free legal aid if they fulfill the prescribed criteria. Thus, if human rights are violated, then such victims knowing the law may approach the court of law.
3. Legal awareness promotes consciousness of legal culture and participation in the law-making
process.
4. Legal awareness helps to differentiate between just and unjust causes.
5. Legal awareness protects from being subjected to unfair treatment and avoids legal punishment
in different situations. In other words, if one gets proper knowledge of the law, then he may either withdraw his case or try to get it settled by an alternative dispute resolution scheme [ADR] instead of keeping his lawsuit for years.
6. Legal knowledge would save time and money which may be wasted in court by a person having
no legal information. It is said that each coin has two sides. In other words, though there are advantages of legal awareness, yet at the same time, there are also some disadvantages thereof. So let us have a glance at the disadvantages of this concept. Drawbacks of Legal Awareness We are aware of the fact that courts in India are flooded with cases. As per the report of NDTV. com Retrieved 2022- 11 - 06, India has the largest number of pending cases in the world. By arranging legal awareness camps at different levels, the organizers used to focus on the legal rights of citizens only. It is but natural that if one gets the idea of his rights, then he/she forgets or tries to escape from his/her duties. Rights and duties are corelative terms. One who wants to enforce his/her rights, shall not be allowed to deny his/her liabilities and duties.
But it appears that after having got knowledge about legal rights, a person straightway rushes to the courts of law, instead of getting resolved the dispute by taking recourse of efficacious remedies. Therefore, the burden of courts is increased. In other words, the pendency of courts is increased. In short, people get the confidence to knock on the doors of courts of law by getting awareness of their rights. Thus, this is one of the causes for the increasing number of pending cases in courts.
It has been seen that the increase in awareness of legal rights has made the common man come out for his rights. Now NGOs and other government institutions reach rural areas and make the people aware of their legal rights. The cumulative effect of increasing legal awareness has increased the number of filing cases in different courts and it has increased the burden on the courts. Thus we can say that increased legal awareness has also become one of the reasons for delays in the justice delivery system Role of Legal Awareness in Reducing Pendency of Cases Legal awareness can play a vital role in reducing the pendency of cases if the following possible and practical attempts are made.
1. Rights and duties are interdependent. Therefore, while conducting legal awareness programs
the organizer should inform people about their duties so that they will be able to make the balance between rights and duties. In my opinion, if rights and duties go hand in hand, then so many disputes will be mutually settled.
2. It is experienced that the Alternative Dispute Resolution system has become one of the effective
tools for reducing the pendency of cases. Therefore, people should be intimated about the benefits of ADR along with their rights. If this is done with utmost priority, then so many pending cases may be settled by way of mediation, consolation, and Lok Adalat.
3. It is seen that so many people are unaware of the pre-litigation settlement scheme. Therefore,
there should be propaganda about this scheme through legal awareness camps.
4. Legal aid clinics are established in almost every village. A common man can get free legal
advice there. However, the data collected from this legal aid clinic shows that people are not interested in taking advice from the competent persons who are appointed for this task. Therefore, while conducting legal awareness programs, information regarding the function, procedure, and advantages of these legal aid clinics should be given so that several trifle disputes will be resolved at the local level. Thus the burden of the court to resolve the cases will be reduced.
5. The primary causes of the high number of cases are the lack of a legal culture and subsequent
illiteracy. If the accused citizen knows that an act is a crime punishable by law, then they may not do it and thus, the pendency of the cases may be reduced.
6. The program on legal literacy and awareness gives the underprivileged and marginalized
groups in society the ability to demand and seek justice. Barriers / Impediments In Legal Awareness There are three objectives of legal awareness. i.e., legal empowerment, gettering social justice, and access to justice. However, there have been main impediments/hurdles to effective legal awareness campaigns. They are summarized as follows;
1. Most of the people are reluctant to accept the legal advice due to their predetermined attitude.
2. Some of the people are convinced about their legal rights and duties. But for want of financial
support, they can not act upon the legal advice provided to them.
3. We know that rights and duties are two sides of one kind and social justice can be achieved if
a person knows rights and duties. However, it is observed that while imparting legal awareness, only the rights are informed, and therefore, for want of knowledge of corresponding duties, the disputes may be increased. Hence it can be suggested that while creating legal awareness the rights and duties should be intimated to the beneficiaries.
4. The excessive knowledge of legal awareness may create hurdles in a smooth justice delivery
system. In other words, a person having improper or excessive knowledge of legal awareness may adopt delay tactics to prolong the matter.
5. Some NGOs and organizations which are empowered to spread legal awareness, do not impart
legal awareness as per the syllabus and norms fixed by the competent authority. In short, lifeoriented legal rights and duties are not provided. Hence, the lack of basic legal knowledge gives rise to multiple disputes. Suggestion To Improve Legal Awareness in India In order to create legal awareness, the Government should include a chapter about legal awareness in the school curriculum. Society-devoted lawyers and Law college students should be engaged in camps for creating legal awareness. At every police station and every local body office, a periodical program should be held on working days. In every village, legal awareness
camps should be arranged on the weekly market day in the market area so that people may get knowledge about their rights and duties. The state government and local bodies shall make positive attempts to involve Anganwadi and ASHA workers in legal awareness because they are grassroots-level social workers It is seen that our jails are flooded over by inmates. In such circumstances, having regard to the directions given by the Hon’ble Bombay High Court in the case of Neria Bendavid and Oth. Vs. State of Goa (W. P. CRI No. 150/15), legal awareness camps shall be arranged in jails. So also the awareness about the legal provisions regarding settlement of disputes should be spread. The scheme of plea bargaining as contemplated in sections 265(A) to 265(L) of the Code of Criminal Procedure should be intimated to the accused person.
Thus, by proper implementation of the legal awareness scheme, the burden of the judiciary may be reduced and litigants may save their time and money for fighting their useless and baseless causes. Conclusion In view of the discussion noted above, I have concluded that legal literacy plays a vital role in society. It promotes access to justice. A legally educated person knows his rights and duties. He can find out the possible ways to resolve disputes at the pre-litigation or postlitigation stage by taking recourse to the Alternative Dispute Resolution Scheme and such type of approach may rescue the pendency of cases. Before parting with this article it is necessary to quote here the observation of the Hon’ble Supreme Court of India, In the case of Maharashtra Vs.
Manbhai Pragaji Vashi (1995) 5 SCC 730 states that to impart free legal aid we must have good lawyers, good colleges and universities that can help law students evolve into good lawyers. Though the government is working to impart legal awareness this is not sufficient. The government should adopt new methods to create legal awareness, particularly in rural India. With this conclusion, I give rest to my pen.