With India’s dawn of independence in 1947, the whole legal system underwent a huge transformation. There have been many perspectives and many improvements have been made after great efforts. Since 1950, constitutional legislation has increased dramatically, particularly in the area of fundamental rights.
Article 14 of the Constitution refers to the right to equality. Article 39-A refers to the fact that, because of poverty or any other social security, no one should be deprived of his right to move to court.
For legal profession, Parliament has introduced Advocates Act, 1961 to bring uniformity within the system of legal practitioners in the form of Advocates & has fixed up Bar Council of India (BCI) and State Bar Councils. Section 7 (h) of Advocates Act, 1961 speaks about legal education and to put down standards of such education in consultation with Universities in India which imparts such education and the State Bar Councils.
Section 7(i) of the Advocates Act, 1961 speaks that law schools/Universities should be properly acknowledged whose degree in law will be taken as a qualification for enrolment as an advocate. State Bar Councils should examine the Universities and conduct seminars and organize talks on legal topics and publish journals.
National Legal Services Authorities Act, 1987, (NLSA) has been selected to take appropriate measures for spreading legal awareness amongst the individuals. There are several principles that do not fit to the society and are not so effective in nature. Therefore in such situation legal analysis helps to analyze new laws on the recent issue so that they can change the existing laws for correct implementation.
There are many enactments which are a result of law reformers such as Dowry Prohibition Act, 1961 Child Marriage Restraint Act, 1929.
Many acts result from law reformers such The Dowry Prohibition Act, 1961 Child Marriage Restraint Act, 1929, Sati Prohibition Act, 1829, etc. Legal education helps change the attitude of the public; it allows people to think about social issue and become more aware of their rights and helps them to male ideal citizens.
Raising Awareness
It is said that most Indian citizens live in villages and therefore to understand the relation of law with society one has to concentrate on Indian villages as they are unaware about their fundamental rights. There are number of legislation’s to reduce socio-economic disparities.
In order to spread legal awareness there should be legal aid program conducted by legal organizations in villages so that people living there will get to know the basic relief and they could seek remedy from it.
Empowered by the Constitution to pass in respect of profession, Parliament enacted the Advocates Act, 1961, bringing uniformity in the system of legal practitioners within the sort of Advocates and provided for setting up of the Bar Council of India and State Bar Councils within the States. Under clause (h) of sub-sec (1) of Sec.7 of the Advocates Act, 1961 the Bar
Council of India has power to mend a minimum educational normal as a pre-condition to commence the studies in law. Under clause (i) of sub-sec(1) of Sec. 7, the Bar Council of India is also empowered “to recognize Universities whose degree in law shall be taken as a qualification for enrolment as an advocate and for that purpose to visit and inspect
Universities”. The Act thus confers on the Bar Council power to prescribe standards of legal education and recognition of law degrees for entrance of persons as Advocates. However, for promoting legal education and for laying down standards of legal education, the Universities and State Bar Councils must be effectively consulted. The University Grants Commission has in the course of your time evinced interest in rising legal education.
The Supreme Court in State of Maharashtra vs. Manbhai Pragaji Vashi (1995) 5 SCC 730, held that in order to provide free legal aid we need to have well trained lawyers for which we need sufficient number of law schools with good teachers. This particular Supreme Court verdict shows that there should be separate budgetary provisions for improving legal education.
Legal aid is therefore not a charity or a reward, but a duty of the state and citizens’ rights. The state’s primary object should be equal justice for all. Legal assistance therefore seeks to ensure that the constitutional commitment is fulfilled in its letter and spirit and that equal justice is made available to the poorer and weaker sections of society. But despite the fact that free legal aid was considered a necessary adjunct to the rule of law, the movement for legal aid has failed to achieve its objective. Between the goals set and met, there is a wide gap. Lack of legal universities, intellectual property rights, is the major obstacle to the movement of legal aid in India.
The movement for legal aid has not yet achieved its goal leading to unawareness of fundamental rights. It is the lack of legal awareness to the exploitation and deprivation of the poor’s rights and their benefits.
About the Author
Prakash Sinha is a Law Graduates and Chartered Accountant. He has developed himself in the Taxation advisory and litigation services, Business Advisory Services, Management Consultancy services covering the whole Corporate & Commercial matters and regulatory issues. He has got the experience and expertise in the FEMA, Corporate Law matter, Taxation matter including the International Tax and Transfer pricing matters.
Legal Awareness in India
