1) PIL AS A TOOL FOR WEAKER SECTIONS OF SOCIETY:

Public interest litigation: - Its origin and meaning

In Indian law, means litigation for the protection of public interest. It is litigation
introduced in a court of law, not by the aggrieved party but by the court itself or
by any other private party. It is not necessary, for the exercise of the court's
jurisdiction, that the person who is the victim of the violation of his or her right
should personally approach the court. Public Interest Litigation is the power given
to the public by courts through judicial activism.
Such cases may occur when the victim does not have the necessary resources to
commence litigation or his freedom to move court has been suppressed or
encroached upon. The court can itself take cognisance of the matter and proceed
Suo motu or cases can commence on the petition of any public-spirited individual.

Public interest Litigation,

In simple words, means, litigation filed in a court of law, for the protection of
Public Interest, such as pollution, Terrorism, Road safety, constructional hazards
etc.

Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large. Although, the main
and only focus of such litigation is only Public Interest there are various areas
where a public interest litigation can be filed. For e.g.,
-Violation of basic human rights of the poor Content or conduct of government
policy
-Compel municipal authorities to perform a public duty.
-Violation of religious rights or other basic fundamental rights

In Black's law Dictionary (Sixth Edition), Public Interest is defined as follows:

Public Interest. -
Something in which the public, the community at large has something pecuniary
interest, or some interest by which their legal rights or liabilities are affected. It
does not mean anything so narrow as mere curiosity, or as the interest of the
particular localities, which may be affected by the matters in question. Interest
shared by the citizens generally in affair of local, State or national government...

what is PIL:
It was vehemently contended that this would not be regarded as public interest
litigation and, the petitioners had no locus standi to file the present petitions. We
are unable to agree to this submission. Environment, more than anything else, is
and should be a concern for all. It is one thing which is available free for all the
inhabitants of an area and it is essential that this environment is maintained for
the purposes of ensuring a healthy life. This issue is no longer res integra. The
Supreme Court in Subhash Kumar v State of Bihar, *
observed that:
…Right to live is a fundamental right under article 21 of the constitution and it
includes the right of enjoyment of pollution - free water and air for full enjoyment
of life. If anything endangers or impairs that quality of life in derogation of laws,
a citizen has a right to have a recourse to Article 32 of constitution of India for
removing the pollution of water or air which may be detrimental to quality of
life...

Judiciary, being the sentinel of constitutional statutory rights of citizens has a

special role to play in the constitutional scheme. It can review legislation and
administrative actions or decisions on the anvil of constitutional law. For the
enforcement of fundamental rights, one has to move the Supreme Court or the
High Court’s directly by invoking Writ Jurisdiction of these courts. But the high
cost and complicated procedure involved in litigation, however, makes equal
access to jurisdiction in mere slogan in respect of millions of destitute and
underprivileged masses stricken by poverty, illiteracy and ignorance. The
Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby
throwing upon the portals of courts to the common man.

Till 1960s and seventies, the concept of litigation in India was still in its
rudimentary form and was seen as a private pursuit for the vindication of private
vested interests. Litigation in those days consisted mainly of some action initiated
and continued by certain individuals, usually, addressing their own
grievances/problems.

Thus, the initiation and continuance of litigation was the prerogative of the
injured person or the aggrieved party. Even this was greatly limited by the
resources available with those individuals. There was very little organized efforts
or attempts to take up wider issues that affected classes of consumers or the
general public at large. However, all these scenarios changed during Eighties with
the Supreme Court of India led the concept of public interest litigation (PIL). The
Supreme Court of India gave all individuals in the country and the newly formed
consumer groups or social action groups, an easier access to the law and
introduced in their work a broad public interest perspective.
Pros of PIL
PIL when used understanding the importance of it in fighting social economic
injustice. But as PIL got its name as being a capable and potent weapon for it
being a quintessential tool for when the public is injured as the result of misdeeds
caused by any official the public duties could be enforced using PIL, For the
Welfare of Society where the weaker sections of the community is benefitted
Another major advantage that PIL gives the public seeking right to restore their
fundamental right is that it saves time by directing filing directly in High Court
under Article 226 and to the Supreme Court under Article 32 instead of going
through the tiresome and time consuming as per the hierarchy of the courts.

The above-mentioned advantage is possible due to the relaxation of the rule of

locus standi by the Supreme Court of India.
The cost of filling a PIL is nominal in nature and therefore any person even from
poor background can file a PIL
Another important point is that PIL can only be initiated for the benefit of public
and not an Individual.
Any person irrespective of whether the person is aggrieved person or not can file
a PIL

Cons of PIL
PIL has brought a lot of changes in the legal system of India. It has been
considered as a successful phenomenon for a couple of decades. But, at present,
this concept has started to downfall as it is founded that people are misusing this
concept. The main reason for misuse of PIL is the easy working system of it.
There are number of demerits of PIL. The very first demerit is that
Many frivolous cases have been filed in the name of PIL as it is an easy access to
higher courts without investment of heavy court fees.
Another demerit is that, PILs have kept the courts busy with number of PIL cases
resulting in lack of attention over other litigations.
Another point, is that, it has been found out that many people has filed a PIL for
their personal gain as it is a cheaper way to seek justice. In the case of Ashok
Kumar Pandey v. State of West Bengal11, the court held that if it is found out
that the petition filed in the name of PIL, is to foster personal disputes, then the
court should dismiss the case.

Misuse of PILs
Lately the many people have found out that PILs can be a useful tool in
harassment as any inane and insubstantial case can be filed without incurring any
heavy expenses of court fees as required in a private civil litigation. And as the
courts have lowered the locus standi any person with privately motivated interest
may file a case under pretence of public interest Such misuse of PIL has become
more rampant then the original use of the PIL to help benefit the weaker sections
of the society But, In recent times the use of PIL has been unprecedented as the
covid-19 ravage the world with death and people with horrors of its devastating
effects

People with personal agendas are thoughtlessly misusing PIL such recent
examples are as follow
Tahseen Poonawalla Vs Union of India and Amr
The Supreme Court expresses concern over rising incidents of misuse of PILs,
says it will decrease judiciary’s efficacy. IL jurisdiction is being brazenly used
by those who have an agenda to settle scores. The true face of the petition is
seldom unravelled. It’s a serious concern as frivolous PILs detract courts time
from hearing genuine petitions of personal liberty

High Court comes down on 'publicity interest litigations', imposes cost

A bench of Chief Justice D N Patel and Justice Jasmeet Singh said some of these
pleas appeared to be filed on ideas which came to the petitioners' minds while
having tea or walking on the road.

Chai Peete Peete idea aaya toh socha file karo PIL (while having tea you had an
idea and decided to file a PIL). That is not how it is done. You may have an idea
while walking on the road.

A plea, by an organisation founded by Delhi University students in 2014, had

sought directions to the Delhi government to take an undertaking from patients,
who want plasma, that they will donate plasma once they recover from COVID-
19 and that too within 14 to 28 days after testing negative.

The court dismissed the plea by Think Act Rise Foundation with costs of Rs
10,000 saying it cannot direct the Delhi government to draft a policy making it
compulsory for patients to donate plasma once they recover from COVID-
19."The bench said the plea appeared to be a publicity interest litigation".
Examples of PIL (Public Interest Litigation)
The Bombay High Court on 31 August, 2006 directed the broadcasters to give an
undertaking that they will abide by the Cable Television Network Act 1995 as
well as the court's orders by tomorrow, in view of larger public interest.

A division bench comprising Justices R M Lodha and S A Bobde were hearing a

Public Interest Litigation (PIL) filed by Professor Pratibha Nathani of St Xavier's
College alleging that films without certification by the Censor Board for Film
Certification (CBFC) allowing 'free public exhibition', were being shown on
cable channels, which have a bad impact on children. Hence, such films should
not be shown and action be taken against those still running such content on their
channels.
The court on 23 August had allowed the cable operators and channels to screen
only 'U' and 'U/A' certified films.

However, before that order, the police had taken action against the multi-system
operators and seized their decoders due to which they could not telecast certain
channels. Assistant Commissioner of Police Sanjay Apranti told the court that
they did not have a problem if the channels provided the cable operators and
channels to screen only 'U' and 'U/A' certified films.

However, before that order, the police had taken action against the Multi-system
operators and seized their decoders due to which they could not telecast certain
channels. Assistant Commissioner of Police Sanjay Apranti told the court that
they did not have a problem if the channels provided the cable operators with new
decoders.

Also, Zee Television and Star Television networks applied for the declaration in
writing that they would abide by the said Act and court orders.
The court also directed seven channels -- Star Movies, Star One, Star Gold, HBO,
ZEE Movies, AXN and Sony Max -- to furnish a list of all the films that they
were to screen to the police.

Legal History.
The Indian PIL is the improved version of PIL of U.S.A. According to Ford
Foundation of U.S.A., Public interest law is the name that has recently been given
to efforts that provide legal representation to previously unrepresented groups and
interests. Such efforts have been undertaken in the recognition that ordinary
marketplace for legal services fails to provide such services to significant
segments of the population and to significant interests. Such groups and interests
include the proper environmentalists, consumers, racial and ethnic minorities and
others. The emergency period (1975-1977) witnessed colonial nature of the
Indian legal system. During emergency state repression and governmental
lawlessness was widespread. Thousands of innocent people including political
opponents were sent to jails and there was complete deprivation of civil and
political rights. The post emergency period provided an occasion for the judges
of the Supreme Court to openly disregard the impediments of Anglo-Saxon
procedure in providing access to justice to the poor.

Public Interest Litigation popularly known as PIL can be broadly defined as

litigation in the interest of that nebulous entity: the public in general. Prior to
1980s, only the aggrieved party could personally knock the doors of justice and
seek remedy for his grievance and any other person who was not personally
affected could not knock the doors of justice as a proxy for the victim or the
aggrieved party. In other words, only the affected parties had the locus standi
(standing required in law) to file a case and continue the litigation and the non
affected persons had no locus standi to do so. And as a result, there was hardly
any link between the rights guaranteed by the Constitution of Indian Union and
the laws made by the legislature on the one hand and the vast majority of illiterate
citizens on the other. The traditional view in regard to locus standi in Writ
jurisdiction has been that only such persons who: a) Has suffered a legal injury
by reason of violation of his legal right or legally protected interest; or b) Is likely
to suffer a legal injury by reason of violation of his legal right or legally protected
interest. Thus before a person acquired locus standi he had to have a personal or
individual right which was violated or threatened to be violated. He should have
been a person aggrieved in the sense that he had suffered or was likely to suffer
from prejudice, pecuniary or otherwise.

However, all these scenario gradually changed when the post emergency
Supreme Court tackled the problem of access to justice by people through radical
changes and alterations made in the requirements of locus standi and of party
aggrieved. The splendid efforts of Justice P N Bhagwati and Justice V R Krishna
Iyer were instrumental of this juristic revolution of eighties to convert the Apex
Court of India into a Supreme Court for all Indians. Justice V. R. Krishna Iyer
and P. N. Bhagwati recognised the possibility of providing access to justice to the
poor and the exploited people by relaxing the rules of standing. In the post-
emergency period when the political situations had changed, investigative
journalism also began to expose gory scenes of governmental lawlessness,
repression, custodial violence, drawing attention of lawyers, judges, and social
activists. PIL emerged as a result of an informal nexus of pro-active judges, media
persons and social activists. This trend shows starke difference between the
traditional justice delivery system and the modern informal justice system where
the judiciary is performing administrative judicial role. PIL is necessary rejection
of laissez faire notions of traditional jurisprudence.

The first reported case of PIL in 1979 focused on the inhuman conditions of
prisons and under trial prisoners. In Hussainara Khatoon v. State of Bihar, the
PIL was filed by an advocate on the basis of the news item published in the Indian
Express, highlighting the plight of thousands of undertrial prisoners languishing
in various jails in Bihar. These proceeding led to the release of more than 40,000
undertrial prisoners. Right to speedy justice emerged as a basic fundamental right
which had been denied to these prisoners. The same set pattern was adopted in
subsequent cases.

A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the
case of S.P. Gupta v. Union of India. In this case it was held that any member of
the public or social action group acting bonafide can invoke the Writ Jurisdiction
of the High Courts or the Supreme Court seeking redressal against violation of a
legal or constitutional rights of persons who due to social or economic or any
other disability cannot approach the Court. By this judgment PIL became a potent
weapon for the enforcement of public duties where executed in action or misdeed
resulted in public injury. And as a result any citizen of India or any consumer
groups or social action groups can now approach the apex court of the country
seeking legal remedies in all cases where the interests of general public or a
section of public are at stake.

In 1981 the case of Anil Yadav v. State of Bihar, exposed the brutalities of the
Police. News paper report revealed that about 33 suspected criminals were
blinded by the police in Bihar by putting the acid into their eyes. Through interim
orders Supreme Court directed the State government to bring the blinded men to
Delhi for medical treatment. It also ordered speedy prosecution of the guilty
policemen. The court also read right to free legal aid as a fundamental right of
every accused. Anil Yadav signalled the growth of social activism and
investigative litigation.

In Citizen for Democracy v. State of Assam, the S. C. declared that the handcuffs
and other fetters shall not be forced upon a prisoner while lodged in jail or while
in transport or transit from one jail to another or to the court or back.
PIL- A Boon
1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an
inexpensive legal remedy because there is only a nominal fixed court fee involved
in this.
2. Further, through the so-called PIL, the litigants can focus attention on and
achieve results pertaining to larger public issues, especially in the fields of human
rights, consumer welfare and environment.

Just as a weapon meant for defence can be used equally effectively for offence,
the lowering of the locus standi requirement has permitted privately motivated
interests to pose as public interests.

The abuse of PIL has become more rampant than its use and genuine causes either
receded to the background or began to be viewed with the suspicion generated by
spurious causes mooted by privately motivated interests in the disguise of the so-
called public interests.
Steps necessary:
With the view to regulate the abuse of PIL the apex court itself has framed certain
guidelines (to govern the management and disposal of PILs.) The court must be
careful to see that the petitioner who approaches it is acting bona fide and not for
personal gain, private profit or political or other oblique considerations. The court
should not allow its process to be abused by politicians and others to delay
legitimate administrative action or to gain political objectives. Political pressure
groups who could not achieve their aims through the administrative process or
political process may try to use the courts (through the means of PILs) to further
their closely vested aims and interests.

There may be cases where the PIL may affect the right of persons not before the
court, and therefore in shaping the relief the court must invariably take into
account its impact on those interests and the court must exercise greatest caution
and adopt procedure ensuring sufficient notice to all interests likely to be affected.

At present, the court can treat a letter as a writ petition and take action upon it.
But, it is not every letter which may be treated as a writ petition by the court. The
court would be justified in treating the letter as a writ petition only in the
following cases-
(i) It is only where the letter is addressed by an aggrieved person or
(ii) a public spirited individual or
(iii) a social action group for enforcement of the constitutional or the legal rights
of a person in custody or of a class or group of persons who by reason of poverty,
disability or socially or economically disadvantaged position find it difficult to
approach the court for redress.

Even though it is very much essential to curb the misuse and abuse of PIL, any
move by the government to regulate the PIL results in widespread protests from
those who are not aware of its abuse and equate any form of regulation with
erosion of their fundamental rights. Under these circumstances the Supreme
Court of India is required to step in by incorporating safe guards provided by the
civil procedure code in matters of stay orders /injunctions in the arena of PIL.

In the landmark case of Raunaq International Limited v/s IVR Construction Ltd ,
Justice Sujata V Manohar rightly enunciated that - when a stay order is obtained
at the instance of a private party or even at the instance of a body litigating in
public interest, any interim order which stops the project from proceeding further
must provide for the reimbursement of costs to the public in case ultimately the
litigation started by such an individual or body fails. In other words the public
must be compensated both for the delay in the implementation of the project and
the cost escalation resulting from such delay.

Remedies - Public Interest Litigation (PIL) - Part: 1

We briefly dealt with Public Interest Litigation in the earlier Project on
Knowledge of Law Essential for Public Servants. For your beneift the biref is
reproduced hereunder:
A Public Interest Litigation (PIL) can be filed in any High Court or directly in the
Supreme Court. It is not necessary that the petitioner has suffered some injury of
his own or has had personal grievance to litigate. PIL is a right given to the
socially conscious member or a public spirited NGO to espouse a public cause by
seeking judicial for redressal of public injury. Such injury may arise from breach
of public duty or due to a violation of some provision of the Constitution. Public
interest litigation is the device by which public participation in judicial review of
administrative action is assured. It has the effect of making judicial process little
more democratic.

According to the guidelines of the Supreme Court any member of public having
sufficient interest may maintain an action or petition by way of PIL provided:
# There is a personal injury or The court on 23 August had allowed the cable
operators and channels to screen only 'U' and 'U/A' certified films.

However, before that order, the police had taken action against the Multi-system
operators and seized their decoders due to which they could not telecast certain
channels. Assistant Commissioner of Police Sanjay Apranti told the court that
they did not have a problem if the channels provided the cable operators with new
decoders.
Also, Zee Television and Star Television networks applied for the declaration in
writing that they would abide by the said Act and court orders.
The court also directed seven channels -- Star Movies, Star One, Star Gold, HBO,
ZEE Movies, AXN and Sony Max -- to furnish a list of all the films that they
were to screen to the police.

2) MECHANISIM OF LOK ADALATS FOR HELPING WEAKER

SECTION OF SOCIETY
Introduction
The concept of Lok Adalats stands as a unique contribution of the Indian legal
system to world legal jurisprudence. It is an informal system of justice
dispensation which has largely succeeded in providing a supplementary forum to
litigants for determination and settlement of disputes[1]. Originating from
Gandhian principles by Mahatma Gandhi, it has become a major helping hand to
courts and is prescribed in Section 89 of the Code of Civil Procedure, 1908 as
well[2].

The advent of Legal Services Authority Act, 1987 further gives a statutory status
to these Lok Adalats, promoting the constitutional mandate of Article 39-A of the
Constitution of India, which directs the state to organize Lok Adalats to secure
that the operation of the legal system promotes justice on a basis of equal
opportunity[3]. These Lok Adalats provide three-fold benefits involving speedy
resolution of disputes coupled with reduced costs of litigation and avoiding
further appeals, thereby making them the perfect instrument to resolve the
heightened burdened on judiciary for disposing cases[4]. In 2018 alone, about 47
lakh cases were disposed of in National Lok Adalats, which included about 21
lakh pending cases and 26 lakh pre-litigation cases[5]. Therefore, their efficacy
has been a linchpin in reducing excessive litigation[6].

The mechanism of Lok Adalat’s

Level of Organization

Lok Adalat’s are better known as the people’s courts, therefore they need to be
available to people on every level of governance[7]. The Legal Services
Authority Act, 1987 (Hereafter “the Act”) prescribes for several levels wherein
Lok Adalat’s can be organized, ranging from the lowest courts to the apex court
which can take cognizance and organize Lok Adalat’s for effective and speedy
justice[8]. The persons residing over these Adalat’s include serving or retired
judicial officials as well as other persons as prescribed by the authority
conducting the Lok Adalat’s in the given area[9].

Jurisdiction

The jurisdiction of these Lok Adalat’s is parallel to the courts organizing them,
therefore it extends to any case or matter which is being heard by that court under
its original jurisdiction[10]. Matters with respect to offences not compoundable
under law are an exception to this jurisdiction. They cannot be adjudicated in Lok
Adalat’s[11]. These courts may also take cognizance of cases as per provisions
of the Act for disputes agreed by the parties to be resolved under them or if one
of the parties makes an application to the courts for referring the case to Lok
Adalat’s for settlement and the court is prima facie[12] satisfied that there are
chances of settlement[13].

Resolution and Award

After admission of disputes, the Lok Adalat’s proceed to hear the case and
dispose of the matter by reaching a settlement or compromise in an expeditious
manner[14]. The manner of resolution in Lok Adalat’s is more towards
compromise and less towards conclusive determination[15]. In any case, if the
parties are unable to reach a compromise and the Lok Adalat deems that matter
needs more determination, it can refer the matter back to the courts for
adjudication[16].

Eventually once the court is satisfied, it passes an award with respect to the
dispute is final and binding on the parties[17]. The award is enforceable as a
decree of the civil court and no appeal lies from this award[18]. Therefore, this
provision ensures that the award is conclusive and the matter is put to rest once
and for all.

Advantages of Lok Adalat’s

The reason behind the efficiency of Lok Adalat’s is based on several advantages
which it holds over normal courts of law. These factors are responsible for its
quick disposal of several disputes. They are:

Procedural Flexibility

There exist considerable procedural flexibility as major procedural laws such as

the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1882 are not
strictly enforced[19]. The parties can interact directly through their counsels
which is not possible in a regular court of law. This dynamic nature of Lok
Adalat’s allows them to conciliate both party interests and pass awards which are
acceptable to both parties[20].

No Court Fees

There is no court fee payable when a matter is filed in a Lok Adalat[21]. If a

matter pending in the court of law is referred to the Lok Adalat and is settled
subsequently, the court fee originally paid in the court on the complaints/petition
is also refunded back to the parties[22].

Final and Binding Award

Under Section 21 of the Act, the award passed by the Lok Adalat’s stand final
and binding. As no appeal lies to this conclusive determination, the cases are put
to rest on first instance[23].

Maintenance of Cordial Relationships

The main thrust of Lok Adalat’s is on compromise between parties. While

conducting the proceedings, a Lok Adalat acts as a conciliator and not as an
arbitrator. Its role is to persuade the parties to reach a solution and help in
reconciling their contesting differences[24]. This encourages consensual
arrangements. Therefore, disputes are not only settled but also the cordial
relations between parties can be retained. Hence, it is a very healthy way of
dispute resolution[25].

Areas for Improvement within Lok Adalat’s

Some areas of improvement whereby the functioning of Lok Adalat’s can be
improved are as follows:

Enforceability lies with Civil Court

The awards passed by the Lok Adalat’s are deemed equivalent to decrees of the
civil court[26]. Although, the enforcement of these decrees cannot be carried out
by the Lok Adalat’s. This function rests with the civil courts, therefore the parties
need to apply for enforcement to execute the award. It is the author’s
recommendation that this power to enforce needs to be provided to the Lok
Adalat’s itself to ensure that the decisions passed are executed to their finality.
Lack of Criminal Jurisdiction

The jurisdiction of Lok Adalat’s with respect to criminal disputes is limited to

offences which are compoundable under law[27]. This removes crimes such as
that of petty theft other small crimes from the purview of Lok Adalat’s. Hence,
this should be reviewed to bring petty crimes within the purview of Lok Adalat’s.

Lok Adalat and Access to Justice: A Symphonic Interplay

What is “Access to Justice”?

The term “access to justice” can be understood as “the right to ensure that every
person is able to invoke the legal processes for legal redress irrespective of social
or economic capacity” and “that every person should receive a just and fair
treatment within the legal system”[28]. Basically, the right of every person to
access judicial forums for putting forth their case can be termed as a chance to
access justice.

Here, there lies an important point of difference between “access” to justice, and
access to “justice”; wherein the former refers to whether a chance of redressal
was provided to the aggrieved party whereas the latter refers to whether justice
was served. Both these aspects have been analysed in this article.

Role of Lok Adalat’s in providing “access” to justice

Since their inception in 1982, Lok Adalat’s have been the instrumentalities for
the poor to have “access” to justice in our country, which is troubled with more
than 3.3 crore cases (2018 figures) pending for adjudication till date[29]. The
functioning of these Lok Adalat’s have been responsible for the disposal of more
than 50 lakh cases in 2017 itself[30], thereby being a major modality for reduction
of judicial workload. The average number of cases resolved by Lok Adalat’s
stand at 4000 cases a day, therefore their existence is undoubtedly vital for solving
the judicial backlog which exists in recent times[31].

A major feature of Lok Adalat’s to determine disputes without charging any fees
has also been a strong incentive for the poor to approach the Lok Adalat’s for
finality of their disputes. In contrast to filing an application as an indigent person
under Order 33 of the Code of Civil Procedure, 1908, this alternative dispute
resolution mechanism stands as a much friendlier means for the poor to access
legal redressal mechanisms. Hence, Lok Adalat’s can be said to have passed the
test for providing “access” to justice to the poor.
Role of Lok Adalat’s in providing access to “justice”

The sheer right to get access to a legal redressal mechanism, cannot in the author’s
view, be deemed sufficient justice. The financial status of parties to the dispute,
their situations, fair procedure during trial and influence on the legal process also
need to be considered to understand whether a proper chance to access “justice”
was provided to them[32].

Many times, parties settle in Lok Adalat’s as they cannot afford the expenses of
continuing with litigation. There is compromise out of necessity rather than will.
This can be related due to the issues in our legal system and therefore it is difficult
to deem this as a fair chance. Hence, it is rather difficult to say that the Lok
Adalat’s have passed the test for providing access to “justice” to the poor.

Conclusion
Lok Adalat’s have become an integral part of the Indian legal system and have
become the apertures for access to justice for the poor and downtrodden. The
have bridged the gap to legal aid, but still have certain areas of improvement
which could increase their efficiency even more. While they are acting well to
bridge the gap of “access” to justice, there needs to be a review of their effectivity
in providing aggrieved parties true access to “justice”. With finality, one can
conclude that there is more than meets the eye which can be done to make Lok
Adalat’s a better redressal system towards rising litigation.
 3) PARALEGAL TRAINING AND LEGAL LITERACY:

a) Paralegal Training:

“People who are poor usually do not know about laws that can help them. And
there are very few trained personnel who can tell them about these laws. One
solution to this problem has been to train people as paralegals. A paralegal is
someone who, while not a professional lawyer, has a basic knowledge of the law
and is procedure as a result of close association with lawyers and/or legal affairs.
In the past, paralegal have been seen as assistants to lawyers, judges, and legal
officials of government institution and therefore, in other words, people who
support the status quo.

Recently, chances have been taking place to redefine and expand the role of
paralegals, and new methods for informing people about their legal rights as well
as about the role of the courts and other legal procedure, have been set in motion.
These new paralegal, are often recognised community members, such as teachers,
nurses, etc.., and their efforts at increasing legal awareness and legal literacy serve
are making the law more accessible to the people”. Following are some of the
basic concept concerning paralegals as elaborated in the ICG Handbook on the
subject. A paralegal worker is a person with basic knowledge of law and
procedures with motivation, attitude and skills to:

Conduct education programme to enable them to demand their rights, assist in

securing mediation and reconciliation in matters in dispute, conduct preliminary
investigation in cases which have to be referred to a lawyer, assist the lawyer with
written statement, requiring evidence and other relevant information necessary
for dealing with such a case.

There are also persons who are trained as paralegal to deal with a particular
situation, for example a person could be trained to assist a community seeking
help following a natural calamity. Similarly, a representative of a refuge group
could be trained to deal with the problem faced by that group. In general, the
experience of groups has been that it is far better for a paralegal o be associated
with an organization (either as a paid worker or as a volunteer), so as to receive
support to sustain his work as a paralegal.

Duties of a Paralegal
The main duties of a paralegal include providing support to the attorneys. They
assist the senior lawyers by preparing the documents and arranging them for their
meetings, hearings, etc. A paralegal need to maintain the confidentiality and
decorum in the law firms they work in. However, it’s important to note that
paralegals aren’t allowed to represent their clients in the court. They can just do
the subordinate work. Following are the main tasks that one can expect from a
paralegal:

1. Collecting the documents, like evidence or affidavits

2. Researching on the case, through online or on fieldwork
3. Writing research papers or reports for the law firm they work in
4. Draft pleadings for submission in courts
5. Prepare documents like Sale contracts, property transfer papers, or
wills,
6. They can interview the clients or witnesses
7. They review the legal documents that need to be submitted in the court
of law
8. Briefing about the case to their seniors is one important task they have.
These were the duties that paralegal perform. However, there are some duties that
they might not be allowed to do. Providing legal advice to the clients, or
representing clients in court, accepting the cases and the fee to be charged are
some of the activities out of their scope. For being a paralegal, one must have
outstanding research skills, for which one definitely has “patience”! A successful
paralegal should have good communication skills so that he can interview the
clients. Also, a paralegal should be tolerant enough to take the orders from their
seniors.

Types of paralegals
Since the law is a diverse subject, the type of attorneys may also differ, depending
on their specialisation. One may be a civil, or a criminal, or corporate attorney.
Similarly, since the Paralegal work under these attorneys, there are several
different kinds of paralegals. Those are mention herewith:

1. Litigation paralegal: Litigation is the process of settling the dispute in

courts. The main tasks assigned to such paralegals include preparing for
trials, researching the precedents, interviewing witnesses and clients,
assembling documents for the senior etc. Finding the key evidence to
defeat the opposition is one crucial task they have. If you are a person
who likes the hustle and don’t want to do the desk job, this type of
paralegal option is perfect for you.
2. Intellectual property paralegal: IPR is one of the most trending law
subjects in India. Since everyone needs to protect their inventions and
their creation of the world, Intellectual property plays an important role.
 IPR contains 3 basic segments- Patent, trademark and copyright. A
paralegal can indulge in any of these particular fields. This work mostly
requires you to do a desk job, since most of the paralegal work
associated with it requires study and research work only.
3. Real estate paralegal: A paralegal who specialises in this area, needs
to review the sale and purchase of properties; writing lease agreements
etc.
4. Bankruptcy Paralegal: Since the introduction of The Bankruptcy
Code 2016, the work associated with managing bankruptcy has taken a
substantive turn.
5. Consumer protection paralegal: It requires a deep knowledge of acts
like Consumer Protection Act 2019, Sale of Goods act,1930; The
Contract Act 1872, etc. interviewing clients and assisting the senior’s
advocates for the trials in consumer courts is the duty expected from
them.
Conclusion
The job of paralegal seems to be quite fascinating since the jobs of a paralegal
involve the new research, and obviously interviewing new clients in every case.
If you’re someone who is inquisitive, this is a perfect job for you. It helps you in
understanding human nature as well as gaining expertise in the field you work in.
The need for paralegals is directly related to the demand for lawyers in the
country. India definitely needs a lot of lawyers, hence, the demand for paralegals
would enhance too. But, in India, there is no such job as a paralegal as such,
because most of the work entrusted to a “paralegal” is done by the interns, junior
associates, or Company secretary. However, it’s not a bad idea if one can do an
additional certified course of paralegal since it’s hardly for 6 to 14 weeks
generally.

Legal literacy:

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.

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

both ability to read and write in any language10. 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 andfamiliarity 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
prisoners14. But it was after Rushcliffe Committee, making a number of
recommendations in its Rushcliffe Report 194515, 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. Later in the year 1960, Government laid down some guidelines for
legal aid schemes. The legal aid schemes were floated through Legal Aid Boards,
Societies and Law Departments in different states 17.

Constitution of Committee for Implementing Legal Aid Schemes. In 1980,

Committee for Implementing Legal Aid Schemes was constituted at the national
level to oversee and supervise legal aid programmes throughout the country under
the Chairmanship of the former judge of the Supreme Court, Hon. Mr. Justice
P.N. Bhagwati18. Later a new chapter of Lok Adalats was added to the justice
dispensation system, which succeeded in providing a supplementary forum to the
litigants for conciliatory settlement of their disputes.

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.

2. 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.

3. 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’.

4. 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.
 4) USE OF COMPUTERS IN LEGAL WORK:

The traditional image of a lawyer's job is that of a lawyer poring through stacks
of paperwork. While paperwork still is a reality, law practice has changed
drastically in the past 20 years, mainly because of computer technology. In firms
large and small, the extensive use of computers is the norm.

Online Legal Research

One of the most important uses of computers in the legal profession is

conducting legal research. Many legal projects require extensive legal research,
including references to previously decided cases. Traditionally, companies such
as West printed volumes of case law, requiring attorneys to read through
keyword indexes to find relevant cases. Now, online legal databases such as
LexisNexis and Westlaw make the process of searching for case law, legal forms
and treatises much easier.

Case Management Software

The increased use of computers in the legal workplace has changed the way
firms are managed. For example, client case tracking traditionally was done
using a large calendar; cases now are tracked electronically, which makes the
danger of a missed court date or filing deadline less likely. Meanwhile, software
such as AbacusLaw frequently is used to track billable hours, resulting in more
precise time accounting by attorneys and savings to clients, who are able to track
the attorney's work to the minute.

Electronic Discovery

Computers have changed the handling of legal discovery projects. Discovery is

the process by which opposing parties to a lawsuit exchange relevant
information such as police reports, financial documents and witness testimony.
Traditionally, discovered items were provided as photocopied documents. In
many cases, attorneys and support staff had to manually organize and sift
through thousands of paper documents looking for relevant information. In
electronic discovery, important legal documents are scanned and stored in
computer systems. In addition to making document exchanges easier, electronic
discovery lets attorneys organize and examine the documents much faster and
more effectively.

Legal Marketing Online

Increasingly, attorneys use computers and the Internet to obtain new clients.
Many attorney websites provide valuable general information such as
explanations of legal rights and the legal process. Some websites allow a
potential client to directly email or chat with an attorney before scheduling a
consultation. Lawyers also use social networking platforms to communicate
with current and prospective clients.

Communication via Email

Most modern law firms use email more than fax, which used to be the quickest
way to send a letter. Law firm emails combined with smart phones mean that
attorneys always have access to their communications and can stay on top of
their cases.

Electronic Document Filing

All federal courts and many state courts now use the internet for all their case
filings. Attorneys need computers to access these online portals, where they can
file lawsuits and any documents they need to file within that lawsuit. Some
jurisdictions will not permit licensed attorneys to file by paper.

Appellate courts exist primarily to review and correct errors made in the primary
or trial courts. While specific procedures might vary among the appellate court
systems in the United States, these courts all perform that primary function. In
addition, appellate courts deal with the development and application of law.

Correcting Errors

According to the Wisconsin Court System website, the primary purpose of an

appellate court is to correct errors that occurred at the trial court level. To
correct errors, an appellate court looks to "precedent," or the decisions in similar
cases made before. A state appellate court is required to follow precedent set by
a state's supreme court and the U.S. Supreme Court.

Development of Law

According to Cornell University's Legal Information Institute, appellate courts

also have a duty to develop finer points of law. Arguments in appellate cases
are usually made by attorneys and in written briefs, and focus on the law of the
case. The facts in most cases are determined in the trial court, and the appellate
court relies on the trial court's findings of fact when considering the law to apply
to the case. The law-focused approach of an appellate court allows it to focus
on the development of legal issues and themes rather than on the facts of a
particular case.
Uniform Law Application

Cornell University's Legal Information Institute also notes that, along with its
error-correcting and law-developing duties, an appellate court also serves an
important role in monitoring the uniform application of law. Since a single
appellate court usually takes cases from several different trial courts, it can
ensure that trial courts in different places are nevertheless applying the same
law in the same way. It can also clarify points of law that are confusing or
misunderstood in the trial courts.

Patent docketing is a method or system for managing the patent application

process. Docketing is a particularly crucial tool for patent law firms, as it can be
difficult to organize the patent application process for hundreds of patents
without some type of system or software package to keep track of the many
deadlines and documents involved. Many large patent law firms employ
docketing specialists to manage the patent docketing process.

Uses

Law firms that deal in patent law may handle hundreds of patent cases at a time.
Each patent application can take years to make its way through the United States
Patent Office (USPO) system and be awarded a patent. As the patent application
makes its way through the approval process, called patent prosecution, there are
many filing deadlines, documents, forms, drawings and statements to keep track
of. Patent docketing ensures that all the deadlines are met and all documents are
labelled and kept in the correct file, so they can be retrieved when required.

Docketing Process

The patent application process generates a great deal of paperwork. As this

paperwork comes in to a law office, it is the docketers' job to correctly label
each document with the file number or name and to place it into the correct part
of the electronic or paper patent file. Patent docketing also includes entering
each document into a database so attorneys can easily call up a list of all
documents in the application file and any dates associated with each document.
For example, a patent attorney may need to see if any deadlines are coming up
for filing a piece of paperwork with the USPO. The docketing database can be
used to alert her of filing or other deadlines. Docketers must also scan copies of
documents, create templates and forward documents to other law firms as
required.
Insurance Requirements

All patent law insurance carriers require patent law firms to maintain a docket
that stores the patent application documents and alerts attorneys to any
upcoming deadlines in the application process. This is to prevent malpractice
lawsuits when a law firm misses a filing date and causes a patent to be rejected
by the USPO. Many insurance carriers require, not one, but two dockets, in
which deadlines are entered and calculated by two different people in the firm.

Docketing Software

There is a great deal of specialized patent docketing software available to

manage the patent docketing process. Programs can track actions and calculate
due dates, as well as keep track of documents, schedules, audit logs and alerts.
Most software programs also allow the docketer to add custom dates and
documents associated with a particular patent, and many programs can keep
track of dates for patent applications in multiple countries.

Benefits Of Using A Computer In Law Field

The benefits of computers in the law field are numerous.

 Computers ensure a fast and easy means of accessing documents.

Lawyers use the computer to organize or document files they would
like to revisit some other time. When the attorney needs that
particular document, he will refer back to his system where he saved
it and retrieved it.
 It gives one access to clients. Remember that one use of the
computer in the law firm is communication. This is where its
importance is portrayed. An attorney can use the computer to reach
out to his client to deliberate on an issue.
 Enables an attorney to conduct legal research. This is another vital
use of the computer in the law field. The legal firm requires wide
and extensive research to amass knowledge from different angles.
 It reduces the amount of paper in the office. This helps keep your
environment clean and tidy. This keeps your place of duty at peace
as well and helps the attorney to function effectively.
 The computer gives room for multitasking. Most people carry out
meetings from the comfort of their homes. This is mostly done with
the laptop. Most times, meetings are held with a laptop for court
reporters using zoom. This system saves time and energy.
Conclusion

People operate a laptop both from home and offices. Its possibility of multitasking
at a time has made it an essential home appliance. Business people or
entrepreneurs even use a laptop to obtain customers for themselves.

The use of computers in the law field is designed to make tasks for attorneys
easier and well documented. This article presents the detailed use of a laptop
computer to the law firms and individuals at large.

5) LAW MANAGEMENT OFFICE:

Law office management refers to the office management of a law firm, a single attorney, or a group of
attorneys, with or without the inclusion of secretaries, paralegals, and other personnel. The main tasks
to perform include managing the staff and workload, office and financial management, legal
advertising, marketing, and more.

Lawyers are not perfectionists when it comes to managing their law firms and offices. A poor law office
management not only affects the efficiency of an organization, but also negatively affects the relations,
environment, and the overall quality of the work. Let’s get started to seek ways to manage a law office
proficiently in the true sense.
10 Law Office Management Tips:
1. Time Management-
The very first thing you should be doing to make the best use of your time is to have a task list which
guides you to perform the activities throughout the day. You should have time frames set to respond to
the emails, without thinking of multitasking as it is not considered a good approach, especially when
you have a lot on the plate to manage.

Also, make your desk as clean as possible for you to think as clearly as possible. It is imperative to
assess the time spent on the various tasks throughout the day and allocate the unproductive tasks to
someone else so that you can better manage your time and use it right.

2. Client Management & Addressing Non-Paying Clients-

(a) Client Management:
 Carefully Onboard Client: Onboard only those clients who have realistic expectations from you.
 Set Client Data Management Policies: Set policies in order to make the clients adhere to your standards
for security.
  Plan Meetings Scheduling: Planning in advance about the meetings help in saving both the time and
efforts.
(b) Addressing Non-Paying Clients:
 Have a retainer in place to get you paid in case the clients avoid timely payments.
 Have a late payment policy set for making the clients pay on time.

3. Organize Every Item-

It is essential to organize all the items that you need for your work. This can include anything from file
cabinets to file folders, scanner, notepads, and so on. It is also recommended to set up an incoming
center for mail and follow the directions carefully after taking the notes that are essential to be
implemented in any system.

4. Leverage the Technology Use-

Almost every law firm in the present times incorporates the use of technology in one way or the other.
This includes replacing the paper billing methods with the billing software to using software for
managing the documents and case files, scheduling appointments, sharing files, and more.

For example, iOS today enables you to generate a PDF on the iPad and iPhone from a webpage, email,
etc. With Apple Maps, you can inform about arriving late at a meeting by simply typing, “I’ll be late”. If
we talk about the apps, GoodReader and PDF Expert are one of the best apps to annotate PDFs and
manage the files.

Apart from this, Notability and GoodNotes top the list for the best apps for making digital notes.

5. Create Office Management Policies-

This is one of the best ways to manage your office, employees, and work processes. Set policies that
define how you want your work to be managed, what ethics you want to be followed in your office, along
with the efforts and results you expect from the marketing, billing, social media, and other teams.

Apart from this, set policies for dealing with the clients, with appropriate actions in place in case
someone breaks any of the policies, explains a provider of law office management services.

6. Keep the Legal Research Simple-

It is imperative to conduct the legal research to lay the foundation of a strong appeal preparation against
the opposing party in a court of law. However, the research should not waste most of your time, which
you need for dealing with the sensitive issues of the case.
You can opt paralegal support services to do the research work for you and simply guide him/her to look
for the type of evidence and examples which you need to prepare for the case.
7. Security Management-
The cloud storage options are probably the best ones when it comes to security management. However,
it is imperative that you make sure that the cloud platform you chose is safe under all circumstances
and that the information you share is not accessible to anyone without your consent.

Apart from this, it is recommended to check the cloud platform’s disaster recovery options, along with
the measures for physical security like keycard access.

Here are some law firm obligations provided by TruShield-

Legal Obligations: Protecting private and personal data, with quick client intimation of security
breaches.

Ethical Obligations: Reasonable measures to deny access and disclosure to sensitive information.

Regulatory Obligations: Mostly for the clients to follow as given below:

 FISMA – Federal Information Security Modernization Act

 FFIEC – Federal Financial Institutions Examination Council
 GLBA – Gramm-Leach-Bliley Act
 SOX – Sarbanes-Oxley Act
 HIPAA – Health Insurance Portability and Accountability Act
 ISO-27001 – International Organization for Standardization standard 27001
 NIST – National Institutes of Technology
 PCI-DSS – Payment Card Industry – Data Security Standard
 FINRA – Financial Industry Regulatory Authority

8. Organize Productive Team Meetings-

It is important to have regular team meetings in order to boost work productivity amongst the team
members by addressing the concerns which they might have inefficiently dealing with the various work
processes.

The frequency of meetings will depend on your team size, the work complexity, and how much difficulties
your team faces on a regular basis. If you want your team to perform well, you need to address their
concerns to the earliest, and having regular meetings is the only solution to it.

9. Avoid Unproductive Activities-

There are a lot of unproductive activities that slow down the growth of a law firm, and the attorneys need
to avoid them in the first place itself.

This includes not responding to the client requests on time, saying ‘yes’ to the clients before estimating
the amount of time to be spent for their case, handling the most important tasks at the day’s end, not
planning in advance, reacting without assessing, and more

10. Opt for Regular Billing-

The approach of sending occasional invoices to the clients makes them very confused. It is imperative
to have regular invoices generated and let the clients know in advance of the same.

One of the best ways to implement this into your system is by explaining to the clients in detail as to why
they will be receiving regular invoices and the consequences of not paying on time.

With the help of the technology, this task can be automated with ease and for framing such policies to
perfection, it is recommended to take help from the top providers of contract management services.

Conclusion-
Getting down to the crux of the matter, it is imperative in the present challenging scenario that as a
lawyer, you incorporate the use of the technology in order to streamline your work processes.

Also, laying down policies which not only improve the work productivity of your employees, but aid in
office and client management in an overall way is recommended to stay ahead in the legal world.