The basic need a man aspires for a stable society is justice as a society is defined by the people who come together for a common purpose, sometimes for a common objective, sometimes for a specific purpose or ideology. These may include things like clubs, organizations, or associations.
Ancient Context Of Indian Society
India had various codes governed in diverse societies an example of these laws is Manu smriti and Arthashashtra or Dharmashashtra. These codes reflected the social values, norms, and culture of Indian society reflected on religious, philosophical, and moral principles. The Indian society then underwent significant changes with the advent of different changing times. With different rulers’ different rules, Indian society underwent substantial changes over different times. With the advent of different foreign rulers, each ruler sought to consolidate their laws over the people of India. The English common law was being implemented in India by the British government which co-existed with the traditional Indian laws. The British laws had a major impact on Indian society by introducing divergent laws such as the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC). This brought a uniform framework across the land of India thus shaping the cultural and social structure of India.
After gaining independence the Indian government enacted different sets of laws concerning fundamental rights and human rights. The Indian legal system thus represents a different blend of social, and historical structures and dynamic aspects of Indian society.
The Legal System Of Rural India
Rural Indian society is undoubtedly a tapestry of a lot of diverse cultures, ancient practices, and remarkable knowledge of the world. But when it comes to the legal system in modern rural India the legal system is still plagued and they have to rely on different traditional and informal modes of resolution. If we talk about the problems of the legal systems of rural India, we need to differentiate it into different categories to understand problems. The first may be the conflicts which arises from the family disputes. Another aspect that we can take is the traditional practices which are deeply rooted in the minds of the people and contradict the laws of the land. The third problem and the main root of the problem stands as the lack of awareness regarding the entities and benefits and legal rights of the people. Fourth and lastly the conflicts between the individual and the state take a longer time to resolve the issue, thus the people in rural areas avoid filing cases in the rural areas. Primarily land-related problems are being seen in rural areas. These are problems like tenancy issues, land area disputes, etc. These disputes account for two-thirds of the total pending cases in the country according to research published in 2007 by the World Bank.[1] Of a total of 1081 murders that took place in Bihar, 59% of them were because of land disputes.[2]
According to the National Family Health Service (NFHS), domestic violence is seen more in rural areas compared to urban areas (31.6% in rural areas while 24% in urban)[3]. Elders in village solve clashes is another form of dispute resolution allowing them to practice local customs and seek amicable solutions[4]. Some traditional forums are also being set up one of which is in Bihar known as gram katchahri officially recognized as panchayat raj act of Bihar. It is one of the most unique dispute resolutions launched by the Bihar government. It comprises 5 members headed by a Panch which serves as head of the village court and 4 other members elected by members of a particular panchayat. [5]
NALSA has also taken several steps to address the legal needs of the marginalized section of society. These schemes provide legal support and give this group access to justice. The NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015 provides legal support to trafficking and sexual exploitation. It gives coordinated effort across several NGOs, and government agencies to provide a worthy response to the issue.[6] Legal aid authorities are involved in legal representation through different courts and authorities by exercising judicial or quasi-judicial functions. Additionally, the legal services also extend its support to gram nayalayas.
By offering legal representation in gram nayalayas the legal aid authority contributes by bridging the gap between the rich and poor and ensuring justice is being served to all. The state of legal aid infrastructure dyes a complicated picture in Rural areas. There are 4125[7] legal services clinics out of the 593,615 [8]inhabited localities, which equates to one legal clinic for each of the 144 settlements. Tele-law [9]offers legal help to underserved populations in India through common service centers (CSCs). Tele-law connects clients with attorneys via the video conferencing resources offered by CSCs. This enables people, including those who reside in rural places, to obtain legal counsel and support from attorneys.
PLVs (Pare-legal Volunteers) can connect those individual in need with attorneys from legal aid authorities through common services centers. If a petition is needed, these cases can be sent to the front offices along with the necessary paperwork for additional processing. Likewise, cooperation between E-sewa Kendras [10]and Legal Services Authorities will improve access to legal services. With their skilled personnel and digital infrastructure, e-sewa Kendras can enable the provision of online legal services, including electronic measures by means of mobile phones.
The legal aid tools can be integrated with e-governance apps and also agriculture monitoring [11]apps or banking apps whichever rural people are familiar with, to provide a one-stop solution for people in the rural areas. This will make legal justice to the people of the rural backward areas more accessible to them and also be helpful in their upliftment and bringing India one step closer to getting its population the rights they deserve.
Taking Lok adalats to rural areas is another way we can give access to the rural people by settling disputes at pre litigation stage thus catering the legal aid to the local population. One of their advantages is their informal and conciliatory nature.
This strategy is in line with the conventional dispute settlement procedures that are common in rural areas, where harmony and compromise are highly prized. Apart from the judicial official, it is possible to include esteemed community members on the Lok Adalat bench.[12]
Conclusion
In conclusion, we can say that. It is essential to see and comprehend legal issues and solve them accordingly. A strategic plan is thus needed to establish legal justice in the rural population such a way that their customs and traditions are being kept in mind. thus, it is necessary that the justice must be served promptly to everybody, as the famous saying goes: “JUSTICE DELAYED IS JUSTICE DENIED”.
[1] New Delhi: Oxford University Press, India: Land Policies for Growth and Poverty Reduction (World Bank 2007)
[2] Deccan Herald, ‘President kept standing, Shehzada sat down: BJP accuses Rahul of disrespecting Murmu’ (1 sep 2022) https://www.deccanherald.com (13 December 2024)
[3] Women’s Web, ‘Women’s Web is saying goodbye! Please make sure you read this important notification’ (22 February 2024) https://www.womensweb.in (13 December 2024)
[4] Traditional forums in tribal tribes in northeastern India use customary laws and procedures to settle disagreements about inheritance, boundaries, and other matters pertaining to land. Village councils—also referred to as “Durbar” or “Dorbar”—are frequently included in these forums, when leaders and elders from the community discuss and come to an agreement. The “Gaon Baoras,” or village heads, are heavily involved in these decision-making processes.
[5]In India, a panchayat is a local body that exercises self-government. It is a council made up of local residents that have been elected. Panchayats were granted constitutional standing by the 73rd Amendment to the Indian Constitution.
[6] id
[7] National Legal Services Authority, ‘home’ www.nalsa.gov.in accessed 13 December 2024
[8] Census of India 2011,’Census 2011’ www.censusindia.gov.in accessed 13 December 2024
[9] Ministry of Law and Justice, ‘Tele-Law’ https://doj.gov.in/tele-law accessed 13 December 2024
[10] E-Sewa Kendras are one-stop locations where litigants and attorneys can obtain court-related information and services. The Indian system. They were created by the Supreme Court of India’s e Committee to increase everyone’s access to justice
[11] An easy-to-use program called Kisan Suvidha gives farmers access to market pricing, weather reports, and farming information. Its linguistic capabilities expand its user base. Other useful farming apps are ‘KhetiBadi’ and Pusa Krishi.
[12] National Legal Services Authority (Lok Adalat) Regulations, 2009,
Author: Harman Singh Khanuja, a law student at Bharati Vidyapeeth New Law College
