AMISHA MISTRY

ROLL NO L-323025
PRACTICAL TRAINNING
SYLLB SEM III
LEGAL LITERACY PROGRAMME: MAHARASHTRA STATE LEGAL
SERVICE AUTHORITY ACT

INTRODUCTION.
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. To quell this
problem, the step of generating among the masses, awareness of their rights has been
recognized as the appropriate initiative. The source of power among the masses has been
attributed to such awareness. India is a land of various laws on a variety of subjects. Most of
these pertain to the benefits of the people. But due to the lack of their awareness for such
provisions hardly yield any benefit to them. To ensure justice for all, safeguard popular
rights, and promote legal empowerment of the society, need is always felt for making the
public aware about their rights and entitlements. With the same token, such awareness can be
credited for facilitating the aggrieved person to quickly take resort to channels available for
the redressal of grievances, through agencies like the Police, the Executive and the Judiciary.
Further the awareness of one’s legal rights paves the way for participation of the masses in
the decision making process. It is due to this situation, that Legal literacy has been recognized
as a tool of qualitative change at the basic level as it provides them with the adequate
knowledge of their rights. Legal literacy connotes the knowledge of the primary level in law.
After the citizens (particularly marginalized or underprivileged groups) become aware of the
rights provided to them by law, they can use such awareness as a tool to fight injustices. Such
awareness can transform their lives. Legal literacy is the first step to that end1 . Further, the
better awareness of laws is a contributing factor to help people work more effectively in
diverse spheres. To give effect to such initiative, in 2005, National Legal Literacy Mission
(NLLM) was adopted by the Central government.

NEED FOR LEGAL LITERACY.

Being the part of the largest democracy, knowledge of law serves the people with the tool of
power and self realization. Unless the people are aware of rights, they cannot live in
consonance with the true dictates of democracy and rule of law. Legal literacy is commonly
understood as knowing the primary level in law. Need of the legal literacy is accentuated due
to following reasons:

1. Fighting Injustice and Women Empowerment. It is through awareness of the laws and
the objectives served by them that citizens, particularly marginalized or
underprivileged groups, can obtain the benefits that law seeks to offer them. Taking
into consideration the present scenario, the issues like empowerment of women and
making them aware of their rights which they can use to fight injustices, becomes a
distant dream in the absence of legal literacy. Hon’ble Mr. Justice Kabir has aptly
 remarked that lack of awareness and education are the main causes for injustices
being meted out to the marginalized populations especially women
2. Similar observation has been made by Hon’ble Mr. Justice Pradeep Kumar, the Judge
of the High Court of Jharkahand. He emphasized upon the women’s need to be aware
about the laws that safeguarding their interests, so that they can approach the right
authorities with their grievances in order to ensure quick justice
3. In the Fourth United Nations World Conference on Women, held in Beijing in 1995,
the Beijing Platform for Action (BPFA) was adopted, with the object of achieving
equality for women in various walks of life
4. As a result, the Beijing Declaration and Platform for Action was adopted, which
emphasized the need for access to free or lowcost legal services, including legal
literacy, especially focusing on women living in poverty
5. It also noticed that women’s poverty had its connection to the absence of economic
opportunities and autonomy, lack of access to economic resources, including credit,
land ownership and inheritance, lack of access to education and support services and
their minimal participation in the decision-making process
6. Also Legal literacy programmes have been attributed for helping women to
understand the link between their and other aspects of their lives and in demonstrating
that cost-effective initiatives can be undertaken to help women obtain those rights
7. Understanding the Scope of Rights and Challenging their Violations. Legal literacy is
essential as it is the knowledge of law that can be used as a tool by vulnerable groups
to understand and evaluate the law, to get acquainted with the scope of their rights
under the law, and get their rights enforced by taking action and bringing the legal
machinery into force. Knowing their rights, the people can challenge violations
thereof. Article 39A of the Constitution of India directs the State to provide free legal
aid with the aid of suitable legislation or schemes. It is the awareness of rights and
duties that makes the delivery of justice and balancing of various interests an easy
task.Transparency and Accountability in the Governance. Growing legal literacy
opens the gate for a transparent and accountable Government truly based on the ‘Rule
of Law’. It is the awareness about rights, governance and state obligations that has
contributed to the changed attitude of the masses resulting in demand for justice and
accountability from the government. In this regard, the contributions made by a
renowned NGO, Multiple Action Research Group (MARG), is acclaimed.
Undertaking the projects like Harshingar project and project of Building legal
capacity in Savda Ghevra, Delhi, it has played its due role in achieving the goal of
legal literacy
8. Empowering the Poor. The legal system of a nation has a big share in empowerment
of the poor people, as it confers upon them rights, powers, privileges, and immunities
along with a strong judicial system that can give effect to these legal entitlements. The
object empowerment cannot see the light unless, the target group (here the poor) are
made aware of their entitlements in a legal system. Taking the note of the step to that
end in international arena, in 2005, the United Nations Development Programme
(UNDP) hosted the Commission on Legal Empowerment of the Poor. The
 Commission realised Page | 4 that, lack of understanding of legal rights and
obligations serves as a barrier to access to justice for the poor
9. CONCEPT OF LEGAL LITERACY IN INDIA. Defining Legal Literacy. To
understand the meaning of Legal Literacy, it is essential to go through the definition
of the term literacy. According to the Ministry of Home Affairs, Literacy can be
defined as reference to both ability to read and write in any language
10. In the terms of the Programme for the International Assessment of Adult
Competencies (PIAAC) “Literacy is the ability to identify, understand, interpret,
create, communicate and compute, using printed and written materials associated with
varying contexts. Literacy involves a continuum of learning in enabling individuals to
achieve their goals, to develop their knowledge and potential, and to participate fully
in their community and wider society”
11. Legal literacy has been defined by Laird Hunter, in Reading the Legal World, in
following words: "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;  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... Translating the information and meanings of the
legal system to learners and people with limited literacy skills requires that lawyers
and others clearly understand the dual nature of legal literacy: the ability to read and
familiarity with the legal context”
12. The quest for legal literacy forms the part and parcel of the Legal Aid to the masses.
Even before the launch of the NLLM, the quest for the legal literacy was recognized
in India. The journey of legal literacy, from its inception has taken the shape of legal
rights. It was evident that the meaning of law will stand neglected, if only the
privileged sections of the society have access to it. It was further observed that the law
is meaningless unless people have equal access to it for their protection. Legal Aid
Movement in Other Parts of the World. The earliest Legal Aid movement is
considered to have been in France in the year 1851 when some enactment was
introduced for providing legal assistance to the indigent
13. The same pursuit for legal aid in England that gave birth to laws like the Poor
Prisoner's Defence Act of 1903, emphasizing an effective form of legal aid to poor
prisoners
14. But it was after Rushcliffe Committee, making a number of recommendations in its
Rushcliffe Report 1945
15. which led to the introduction of the first legal aid scheme in the Legal Aid and Legal
Advice Act 194916 . Legal Aid Movements in India. The legal aid movement in India
took its shape in around the year 1952, when the Government of India brought its
 attention towards legal aid for the poor in various conferences of Law Ministers and
Law Commissions.

Objective of the Mission.

NLLM was initiated with the aim of providing legal education to the underprivileged
persons, including disabled people. The subject matter of the mission was to educate the
people about law, legal terminology and legal rights. Looking deep into the structure of the
NLLM, it had following goals: 1. To achieve 100% legal literacy. 2. To target the most
disadvantaged, distraught, disintegrated, vulnerable and victimized populace first and
progress further in the grass-root level. 3. To prepare State Specific Plan of Actions for
implementation of objective of the Mission. 4. To undertake survey, research, documentation
drive, social investigation reporting and social audit as a learning exercise of people’s
problems, grievances and to understand the nature of redressal required.

The main features of the Mission are as under:

In line with the directives of the National Legal Services Authority (NALSA), State Specific
Plan of Action for implementation of the Mission has been prepared having estimated cost of
Rs.71.23 lakh and activities as per guide-lines of the NALSA, in this regard are in progress to
achieve the goal. Funding of the Mission. As far as the funding of the Mission is concerned, it
had no funds allocated for it in the Budget. The Mission had its funding from the money
allocated to the NALSA. IMPLEMENTATION OF THE MISSION. In the present scenario,
the implementation of any reform policy in India does not merely depend upon the
Government policies for its implementation. In this regard, the role played by the non-
governmental agencies can’t be ignored as they have deeper contacts at the grass roots than
official government machineries. The implementation of the legal literacy programmes as
well as this Mission depends largely upon the NALSA, state legal service authorities, the
non-governmental agencies (mainly NGOs) and the colleges. Therefore, in order to
understand the significance of the bodies involved in the implementation of the legal literacy
programmes, it is essential to know their working and modes of implementation adopted by
them. A. National Legal Service Authority. The National Legal Services Authority
(NALSA), as constituted under the Legal Services Authorities Act, 1987 has a paramount
role to provide free Legal Services to the weaker sections of the society. Among its other
functions, the Authority has an obligation to adopt measures for spreading legal literacy and
legal awareness amongst the people and, also for educating weaker sections of the society
about the rights, benefits and privileges guaranteed by Page | 10 social welfare legislations
and other enactments as well as administrative programmes and measures24 . Also, the
NALSA has the duties pertaining to: 1. monitoring and evaluation of implementation of the
legal aid programmes at periodic intervals25; 2. independent evaluation of programmes and
schemes implemented in whole or in part by funds provided under the Legal Services
Authorities Act, 198726; 3. providing grants-in-aid for specific schemes to various voluntary
social service institutions and the State and District Authorities, from out of the amounts
placed at its disposal for the implementation of legal services schemes under the provisions of
this Act27; and 4. Organizing legal aid camps, especially in rural area, slums or labour
colonies with the puposes of educating the weaker sections of the society as to their rights
and the settlement of disputes through Lok Adalats.

Maharashtra State Legal Service Authority (MSLSA).

The steps taken by MSLSA toward the achievement of the goal of complete legal literacy are
also noteworthy. Some of its programmes are62: a. The Legal Literacy Campaign on Plea
Bargaining. giving priority to the problems of under trial prisoners, the MSLSA, in its
Common Minimum Programme requested all the DLSA’s for Legal Literacy Campaign on
plea bargaining. The members of the DLSA organized Legal Literacy Camps in the Jail
Premises for awareness of various Legal Provisions related to Plea Bargaining to under trial
prisoners. MSLSA also published a Booklet on “Plea Bargaining” to facilitate for invoking
the new provisions of Plea Bargaining to reduce the pendency of litigation. b. Micro Legal
Literacy Camp & Camps on the subject of NREGS. Acting on directives of NALSA, MSLSA
took great efforts for organizing various kinds of Micro Legal Literacy Camps on various
topics all over Maharashtra for implementation of Micro Legal Literacy Scheme. c. Annual
Meet of DLSAs. Annual meet was organized in the month of September 2009 at Nagpur, in
which various topics including involvement of Law students in Legal Literacy Mission and
Expansion of work of Legal Literacy Mission and Lok Adalats to develop Para Legal Force
to promote Legal Services effectively and efficiently were discussed. Subject such as
Probation of Offenders Act, PCPNDT Act, Plea Bargaining, Juvenile Justice Act, Protection
of Rights of Women and Children against violence and harassment, National Rural
Employment Guarantee Scheme, Mobile Legal Literacy Campaign, etc. were thoroughly
discussed. Page | 24 d. Justice at Doorsteps. MSLSA launched the 1st Mobile Legal Services
Cum Lok Adalat Scheme in Maharashtra in the month of January, 2010, for holding Lok
Adalats and Legal Literacy Camps. Trained Judicial Officers and Social activists will visit
every nook and corner of the villages and more particularly, remote tribal areas, villages and
hamlets of tribals and rustic, slum, industrial areas, etc. to impart legal awareness among the
weaker and oppressed sections of Society and to hold Lok Adalats63 . In its Common
Minimum Programme for the year 2011, MSLSA has given significant place to legal
literacy64. In the year 2010-11, it organized 6302 legal literacy camps, which benefitted
7,09,830 persons65 .