“LEGAL LITERACY”

Submitted to : Submitted by :
Gargi Bhadoria Sneh Gupta
B.A. LLB (H)

A11911115034

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 LEGAL LITERACY

WHAT IS LEGAL LITERACY ?

Legal literacy, at one level, is about getting acquainted with the primary level in law. The
administration of justice is based on the presumption that people are legally literate and know their
rights as protected by law, including constitutional law. Lack of literacy abets exploitation of the
ignorant masses, making them vulnerable to deception and deprivation. Thus, theoretically, legal
literacy can eliminate inequality and discrimination. To simply create awareness amongst people as
regards their rights does not equip them enough. Such awareness has to be complimented with
knowledge of remedies, and the scope of these remedies, so as to enable people to bring action to
protect their rights. Fortification with such knowledge could transform lives because knowledge can
empower you to educate others and challenge violations of law. In a country where multitudes are
riddled with economic incapacity and social vulnerability, access to justice has proved to be an
unaffordable luxury as it is common knowledge that hiring services of advocates makes huge holes
in the pockets of the common man. The quantum of litigation pending in courts and resultant delay
in securing relief makes litigation a recurring cost. In the Apex Court, senior advocates charge fees
for each hearing and the cost can run into lakhs of rupees. In the High Courts, an admitted civil suit
can run for as much as twenty years. It is not unusual for litigants to die in the course of litigation in
a High Court and for legal representatives / heirs to step into their shoes. In the lowest of Courts, no
advocate shall put his pen to paper without charging fees of at-least twenty one thousand rupees.

If viewed as a democratic tool, increase in legal literacy can make a qualitative change at the grass-
root level. This change could ultimately transform into Governments that are accountable and
govern by the rule of law rather than the rule of men.

Legal literacy, at another level, could also promote gender sensitivity. “A feminist perspective also
highlights the need to focus on appropriate and relevant laws affecting women in a given society.
For example, a gender specialist in India stressed that there is no point talking about certain types of
laws relating to rights at work, and so on, as mechanisms for improving the welfare and
participation of women, if most women in developing countries stay at home and are mainly
affected by family law.”

Further, the notion that legal literacy can be beneficial only to those who will, sometime in the
future, enter into a doctrinal education in law and practice law is a notion both misconceived and
myopic. Law teaches you impartiality and unbiased reasoning to look at facts from different
perspectives. It enhances objectivity and builds capacity for thinking and may finally also lead to
compassion, amongst other virtues, because in some cases one is forced to think at the emotional
level as to why men break law. Many other professions like business, journalism or even the
practice of politics benefit with legal literacy.  The world tomorrow is likely to be more complex
than it is today. Anyone who lacks a broader perspective or knowledge that is `inter-disciplinary’
cannot aspire to be identified as a leader of the modern world. Public figures in the political arena
have to deal with complex issues involving conflicting claims. More often than not, visionary
leaders are readers.

Legal literacy is an elementary part of legal education. Legal education is viewed as a much broader
concept. “It includes the profession which is practiced in courts law teaching, law research,
administration in different branches where law plays a role and commercial and industrial
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employments and all other activities which postulate and require the use of legal knowledge and
skill” (report of the Gajendragadkar Committee constituted by ex. Vice Chancellor Dr. C. D.
Deshmukh on the “Re-organization of Legal Education in the University of Delhi”, 1964). There is
an intellectual vitality in legal education as one is engaged in legal research, including questioning
inadequacies of law and pondering over what law ought to be in a given society in changed
circumstances.

Sometimes legal literacy is defined as the literature of law. Literature of law is to do with
fundamental ideas that lead to the formulation of law(s). If legal literacy were to be defined as the
literature of law then many who dominate the legal profession will be found lacking in legal
literacy, so defined. Many students who are awarded a degree in law may also lack legal literacy if
it were to be equated with the literature of law. Those that are well read in the literature of law
obviously understand the social and historical context of the country’s legal system. They would be
expected to be good critics and contribute to the right road for future development of laws.

For a deeper understanding of the nature of law and its role in society, an understanding of
sociology, politics, history, and most importantly, ethics of a given society is important. Laws in
India, largely, have their roots in British jurisprudence. Local culture affects peoples’ sense of
righteousness and the facts of a particular case may lead to path-breaking case law. Lawyers are a
part of a republic of ideas but they seldom have or maintain mastery in law literature. More often
than not, lawyers continue with run of the mill logic and cliché arguments that do not promote
evolution of law in synchronization with local realities. One seldom meets a lawyer who has
become and remains an educated lawyer. As Wendy Griswold notes, “readers in most societies have
almost always been a minority.” Griswold highlights the reality of a globalized world invaded with
internet culture where the “reading class” in every society is still around in a few numbers She has
used case studies from Norway, Italy and the U.S to establish that collective identity and
institutional support are necessary for producing regional literacy. The same is true for legal
literacy. Debates surrounding contemporary conflicts within civil society, like ‘justice’ rendered by
khap-panchayats in India or the farmers’ agitating over the issue of acquisition of fertile land for
industrialization or the Anna Hazare face-off with the Government over the Lokpal bill are all part
of an exercise to appreciate two conflicting opinions and resolve them by enacting laws that render
justice to warring factions of society. If nothing, a course in legal literacy will help you understand
that laws are best implemented if they are rooted in the ethos of a given society.

Role Of Legal Literacy: Everyday Life

The world we live in is surrounded with laws. The Indian State bestows upon you 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
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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.

Thought, philosophy, and different approaches to legal literacy

The "continuum approach" considers legal literacy as, "a capacity spread along a continuum, with
lawyers and judges at one end and relatively incapable laypersons at the other". This approach was
adopted by the legal scholar White who considered legal literacy to mean, "that degree of
competence in legal discourse required for meaningful and active life in our increasingly legalistic
and litigious culture".
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Author Bilder (1999) defines legal literacy as a, "spectrum of functional skills", related to the
conduct of litigation. The continuum approach explains, "a certain degree of legal literacy is
required for effective participation in modern society, but it is not necessary for the average citizen
to reach the professional standard of 'thinking (and writing) like a lawyer.'"
One of the recent approaches considers legal literacy as a metaphor. According to this view, the
term is "intended to suggest some parallels between the institution of the law, and a system of
language to be mastered, knowledge gained and understanding achieved”. These authors suggest
that the term legal literacy can also function as a model for educators who seek to promote such
literacy. Proponents of legal literacy may thus look to the teaching of language for guidance.

Need and importance

Anoop Kumar, a researcher of Legal Literacy Mission, says in his study, "the legislature of the state
and the parliament, while enacting the legislation, consider the objectives of it. Some laws lay down
the substantive rights of the masses and some touch upon the procedural aspect of certain laws. But
it is due to lack of awareness of beneficiaries that most of the legislations are ineffective at the stage
of their execution."
Legal awareness can empower people to demand justice, accountability and effective remedies at all
levels. Legal needs always stand to become crisis oriented because their ignorance prevents them
from anticipating legal troubles and approaching a lawyer for consultation and advice in time. This
magnifies the impact of their legal troubles and difficulties when they come.
Without (legal) literacy people can get intimidated and alienated from law. This may evolve into a
situation which results in people coming into conflict with the law, or being unable to obtain help
from it. Courts have acknowledged the barrier raised by a lack of literacy to asserting guaranteed
rights effectively. Low literacy may block people’s access to justice. At times, literacy requirements
have been used to block access to rights and benefits.

Goals and objectives

Goals of the legal literacy programs can be broadly divided in three types. Namely educational,
competency and critical.
In Reading the Legal World, author Laird Hunter expects legal literacy to achieve: "People using
the legal system must be able to guide themselves through a process that they understand [...] and,
at appropriate places along the way”
• recognize they have a legal right or responsibility, in order to exercise or assume it;
• recognize when a problem or conflict is a legal conflict and when a legal solution is
available;
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 • know how to take the necessary action to avoid problems and where this is not possible,
how to help themselves appropriately;
• know how and where to find information on the law, and be able to find information that is
accessible to them,
• know when and how to obtain suitable legal assistance;
• have confidence that the legal system will provide a remedy, and
• understand the process clearly enough to perceive that justice has been done

Depending on the goals there can be a number of objectives for legal literacy programs.

List of possible objectives:

• raising awareness and building capacity
• training of trainers
• community education and legal empowerment
• exposing law students to social justice work
• strengthening community solidarity and supporting grass-roots advocacy

Methods adopted to promote legal literacy

There have been many cases where governments have promoted long-term legal literacy missions
or awareness campaigns. An example of this is when institutions arrange legal literacy events.
Legal awareness is also achieved through camps, lectures, and interactive workshops or crash
programs on the essential and elementary legal laws. Among the general public, many wish to
spend time listening to scholars on contemporary issues that have significant bearing on the rights
and livelihood of ordinary people. Other methods are road shows, radio talks, street and theatre
plays, as well as the publication of relevant books, periodicals, posters, and charts that deal with
particular laws, the distribution of pamphlets, brochures, and stickers, the display of paintings,
illustrations in comics, and other ways to ensure publicity for various legal mobilisation activities.
Strategically located display boards in public places (railway stations, bus stations, market places, in
front of major government offices and police stations) are also used to help government officials,
police, and the public to understand the spirit of law.

Citizen’s Learn about their Rights through Legal Literacy Camps

The Policy, Governance and Advocacy Center at Sehgal Foundation is running a Good Governance
Now (GGN) initiative. The program operates in Mewat, Haryana and encourages citizen-led rural
governance. Legal literacy refers to primary level awareness of laws that provide for citizens. When
citizens are legally literate, they can ensure their rights and challenge injustices. Vikas Jha, a Group
Leader, said “The GGN program strengthens the ability of villagers to claim their rights and
entitlements provided by the government. Through learning and doing, community members take
ownership of their own development.”

Three legal literacy camps were organized back in June 2011 by the GGN initiative. The camps
increased awareness on the government’s six primary programs for citizens. Camp participants
were encouraged to take action to improve the functioning of these programs. Volunteers set up
information booths, which also served as grievance counseling booths. Several complaints were
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registered on the inadequate functioning of government. The Governance Guides (Sehgal
Foundation’s master trainers) counseled the villagers and came up with action steps to take.
Citizens were encouraged to file Right to Information (RTI) applications. RTI applications entitle
citizens to the provision of requested government information in a timely manner.

This year, Sehgal Foundation and Jindal Global Law School (JGLS) have organized 5 more legal
literacy camps. Two have already been held in Firozepur Jhirkha and Nuh blocks of district Mewat,
Haryana. The camps worked to address villagers’ concerns on food programs, social security and
employment. 3000 villagers participated in the two camps.

The first camp was held in Firozepur Jhirkha, Mewat. The Sub Divisional Magistrate (SDM), Mr
Hoshiar Singh Siwach, spoke to over 1000 attendees. He said, “Awareness is the key through which
villagers can claim their entitlements. Citizens of Mewat should make sure that their children go to
school. Education is the foundation for awareness.”

The event theme encouraged communnity activism. Rajuddin is an activist that emphasizes using
the Right to Information act to bring about community change. Rajuddin encouraged members of
the community to raise their problems with government departments. Sometimes the government is
unaware of program inefficiencies or delays on the community level. Once they are aware of the
problem, they can work to address it.

The camp had many booths offering information on government schemes. The primary schemes
discussed were: Public Distribution System (PDS); Integrated Child Development Scheme (ICDS);
Right to Education, Mid Day Meals (MDM); Mahatma Gandhi National Rural Employment
Guarantee Act (MGNREGA); Right to Information (RTI), and National Rural Health Mission
(NRHM). The booths collected complaints from citizens regarding the scheme problems. Close to
60 complaints were filed with the relevant government departments and officials.

The second camp was held in Nuh, Mewat. Close to 2000 villagers attended. The Sub Divisional
Magistrate (SMD), Mr. Tirlok Chand, spoke to the crowd. He discussed the importance of
education and its role in improving the lives of community members.

This camp had 9 stalls set up. Each stall discussed a different government program and received
310 complaints about the government programs from attendees. A petition was also conducted to
reduce the fee for filing RTI applications from Rs. 50 to Rs. 10.

Good Governance Now trainees talked to the crowd about their training experience. They discussed
how they had formed a village level monitoring committee with help from the Sarpanch (village
council leader). The committee ensured that the government’s Mid Day Meals program ran properly
in schools and Aganwadis (day care centers). The Additional Deputy Commissioner authorized a
committee to check in on the program.

Camp attendees filed a large number of complaints about a dysfunctional Anganwadi Center in
Uletha village. The SMD visited the center on October 4th to assess the situation. He learned that
the center had not been running for the past eight years. The SMD immediately ordered a worker
from a neighboring village to take control of the center. The villagers also complained that the local
school principal had a high level of absences from the school. The SMD found that the attendance
registers were falsely marked. He filed scanned copies of the register with the Education Directorate
of Chandigarh. The Education Directorate would take action on the principal.

The SMD’s actions lifted villagers’ spirits. Villagers learned to raise their community problems
with authorities. Authorities could then take action for the improvement of community programs.
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Villagers in Mewat are learning to take issues of rural governance into their own hands. They are
fighting for a better future. Sehgal Foundation will hold three more camps this year. The camps will
help to increase community participation in rural governance in villages across Mewat.

Legal Literacy

NALSA along with other Legal Services Institutions undertakes various awareness activities in
order to make people aware of their rights and about the role, activities and functioning of the legal
services institutions. A variety of tools are used in order to achieve this objective like conducting
seminars, lectures; distribution of pamphlets; participation in Doordarshan programmes,
broadcasting jingles, live phone-in programmes etc; floating mobile multi-utility vans for spreading
awareness through public interactions; nukkad nataks; short documentaries; cultural programmes by
school children on legal issues; various competitions like painting, essay writing, debates and
declamation etc. on legal issues. Specific issues are taken up for legal literacy programmes varying
from place to place depending upon the needs of a locality and its people. Internship programmes
are organised for law students to promote the role and importance of legal services activities. Legal
Aid Clinics are also being run in law colleges to further the attainment of objectives of Legal
Services. Various legal literacy programmes are organized at school and college levels.

Number of Legal Literacy Awareness Camps

Duration Number of Legal Literacy Camps

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 Held

April 2012 - March 2013 64,625

April 2013 - March 2014 60,904

April 2014 - March 2015 1,10,580

April 2015 - March 2016 1,10,400

Total 3,46,509

The ways to public empowerment 

The growing number of issues, problems, unabated corruption and indecisiveness prevailed in our
society that has given rise to demand support from the people of the country. Be it the legal,
poverty, literacy, health, environment and many other issues - each cause is clamoring for public
attention. Effort to get such attention, the governments and organizations has come together to
devote to a particular cause so that awareness may be raised for the welfare of the society. 

Understanding of the legal literacy and legal awareness is the need of the hour to deal with these
uncertain problems existing and rising in the society. What it is, why it is important, and how we
can promote it. Majority people of India are legal illiterate and not aware of the basic rights
conferred upon them by law. Substantial population of the country living in the cities, towns and
villages do not know what are their rights and entitlements under the law. Even the literate people
are helpless and confused when there is a violation or infringement of a right enforceable in law. 

Lack of knowledge about the basic legal and civil liberties, human rights, constitutional directives,
and principles and other guidelines that protect the people's dignity, liberty and freedom manifests

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itself in the society in the form of problems such as child labour, human trafficking, domestic
violence, child marriage, dowry etc. that threatens the safety of all. 

Therefore, the absence of the legal awareness in the society is mainly responsible for the deception,
exploitation and deprivation of rights and benefits, from which the people suffer in the hands of
state apparatus. The miserable condition in which the people find themselves can be alleviated to
some extent by creating legal literate and legal awareness amongst the people. At this backdrop,
legal literacy and legal awareness assume critical significance. 

In order to understand the relevance of legal literacy and legal awareness, it is necessary to first
fully comprehend on it. According to Canadian Bar Association, legal literacy is "the ability to
understand words used in a legal context, to draw conclusions from them, and then to use those
conclusions to take action." Legal literacy is commonly understood as knowing the primary level of
law, information about the legal processes and then by making the people literate. The American
Bar Association Commission on Public Understanding defines 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." 

Legal literacy and legal awareness lie at the base of any effort toward legal empowerment to
the people. Critical knowledge of legal provisions and processes, coupled with the skills to
use this knowledge to realize rights and entitlements will empower people to demand
justice, accountability and effective remedies at all levels. The legal literate people know
about their rights, duties, and privileges and assert their rights and fight against the
unwanted supremacy of the Executive in the country. 

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