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Changing Perception:Towards Spreading Legal Literacy,Radhakrishna Rao, 3 February 2007 Print E-mail

People And Their Problems

New Delhi, 3 February 2007

Changing Perception

Towards Spreading Legal Literacy

By Radhakrishna Rao

Adult literacy and formal education programme in India have undoubtedly proved to be an effective instrument to bring about a socio-economic transformation of the society. According to Avadesh Kaushal, Chairperson of Dehra Dun-based Rural Litigation and Entitlement Kendra (RLEK) the spread of literacy has brought about a remarkable change in the “outlook and perception” of the country at large.  But then the RLEK, which is active in adult literacy and formal educational sector of the hill State of Uttarakhand, has also been spearheading legal awareness programme in the State, as well as in the neighbouring Himachal Pradesh.

Right from the outset, the RLEK has been striving ceaselessly towards empowering indigenous groups, marginalized communities and children and women to claim their rights and entitlements.  After years of struggle against atrocities meted out to under-privileged and marginalized communities in the region, it has fought for the right of the community and the individuals in the courts of justice. 

Several legal battles fought by the RLEK led to the formulation of legislations in accordance with the decisions and judgments of the courts.  As pointed out by Kaushal: “These acts were merely the starting point. People had to be organized and mobilized. Persistent advocacy efforts brought about a countrywide exposure to widespread violation of fundamental rights. The RLEK initiatives led the promulgation of Bonded Labour Abolition Act, 1976, Environmental Protection Act of 1986 and Psychotropic Substances Act of 1988”.

It was but natural that activities of the RLEK focussing mainly on securing justice to the poor and deprived sections of the society led to the creation of a full fledged legal cell to strengthen its pro-active role in empowering the entire society with legal literacy. The legal cell of the RLEK through research and training aims at inspiring confidence of the public in the administration of justice, inculcating a spirit of righteousness so that adherence to the law is ensured in totality.

Realizing the sound and solid track record of the RLEK in fighting for justice and empowering the indigenous communities, the National Legal Services Authority has entrusted it with the responsibility of setting up a national centre for legal literacy and legal training for the States of Uttarakhand and Himachal Pradesh. As part of this mandate, it regularly conducts legal literacy for the empowerment of elected women Panchayat Raj representatives, as well as the depressed sections of the society.

In addition, the RLEK’s legal cell helps create a cadre of paralegals. Women in general and those in need of the justice are the prime focus of the legal training camps organized by the RLEK in various parts of Uttarakhand and Himachal Pradesh from time to time. As stated by R.N. Agarwal, Member Secretary, Uttarakhand Legal Series Authority, “the RLEK is one of the leading NGOs (Non-Government Organizations) of North India, working towards the empowerment of women and weaker sections of the society in the most unreachable areas.”

It is through such initiatives of civil society that qualitative changes at the grassroot level can be made a reality.  On the other hand, the main aim of the legal literacy campaign of the RLEK is to empower the marginalized communities to claim their rights and entitlements in order to usher in a society based on the sound principles of justice.

Pragati, the all-woman Panchayati Raj unit of the RLEK has been working relentlessly for more than a decade towards ensuring the political empowerment of the women of Uttarakhand with legal literacy as a major tool.  The mission objective of Pragati is to enhance the status of women in the social, economic and political spheres through a process which is designed to change the nature and direction of systemic forces that marginalize women and other socially deprived sections of the society.

For quite sometime now, Pragati has been spearheading a campaign designed to raise women’s consciousness of political rights guaranteed under 73rd and 74th Constitutional Amendments and to raise women’s knowledge and awareness of their rights and privileges with respect to social, economic and political institutions, health, nutrition, education and the law. Further Pragati is active in lobbying towards political level changes for ensuring women’s rights, including rights to inheritance, right to ownership or property and right to maintenance in the event of divorce and desertion.

More importantly, Pragati imparts pre and post-election training to women.  Another area where Pragati has excelled in providing information and training on gender and local-self governance, gender and reproductive health, development and legal literacy. Members of Gram Sabhas, elected woman representatives, local women’s groups and NGO functionaries have all benefited from the programmes of the RLEK. In particular, Pragati regularly holds workshops and open sessions to make elected women representatives legally literate and develop channels of communications linkages among various segments of the society and political set up.

Meanwhile, with the draft Bill on the Nyaya Panchayat to pave the way for setting up inexpensive, fast-track rural courts now under scanner, the RLEK is lobbying for the introduction and implementation of the Bill without further delay. The Nyaya Panchayats, which have been an integral part of the social heritage of India, is a proof positive of the thriving democracy in India’s rural backyards. Going ahead, Nyaya Panchayats are an effective answer to relieve the judiciary of its un-excessive load of backlog cases which has assumed insurmountable preposition, making access to justice to the public at large a long delayed process. 

Over the years, the legal ambit in its entirety has widened to encompass innovation in the legal process, for instance, cyber crimes, intellectual property rights violation and bio-terrorism. Also when people’s problems are neither heard nor dealt with a completely new system of dispensing rough and erroneous verdicts by using strong arms tactics to attain the desired goal has been set up by caste and communal groups in various parts of the country.

In the ultimate analysis, it is believed that in the context of the problems facing the conventional justice dispensing mechanism in the country, setting up of rural courts under the Nyaya Panchayat Act has become indispensable. It ensures participatory and people-oriented system of justice, provides greater scope for mediation, conciliation and compromise and in turn mitigate hardships of the rural people by providing justice at the village level.---INFA

 (Copyright, India News and Feature Alliance)

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