Skip to main content

Why Do We Need Legal Awareness?

 Why Do We Need Legal Awareness?

By Shagun Mahendroo


Legal awareness, also known as legal consciousness, is the empowerment of individuals regarding issues involving the law.

Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law.

Around 70% of people in rural areas are illiterate, and a larger percentage of those who are illiterate are unaware of the legal rights that they have. Even literate persons have been found to lack awareness on occasion.

Non-awareness among the excluded groups not only resulted in denial of their fundamental rights, but also prevented them from taking advantage of government aid schemes and plans due to a lack of legal understanding on their part.

The lack of awareness in Indian society is one of the reasons why we lag behind developed countries. Is anyone claiming that residents in industrialised countries are blissfully unaware? Certainly not, because progress entails and promotes awareness. Developed countries first advanced in science as a result of increased scientific awareness. Some argue that most developed countries are dominant because of their wealth.

This is true because wealth equates to power, prestige, and safety. When we talk about security, we're referring to the fact that there is less danger and threat to life. No one will bother you while you're doing your thing. You will achieve true independence. You can say whatever you want, and society will never question you. Money makes a person powerful, and then his or her statements are taken seriously. European liberalism is responsible for the current state of liberty. Europe and America dominated the global economy throughout the nineteenth century.

By advancing their technology, they were able to harness raw materials and resources from around the world to create useful products and money. They were prosperous as a result of this, and they progressed. Now, the rest of the world listened to anything they had to say. These countries also influenced India's political structure and constitution. Certain words that India has adopted from western countries and America include constitutionalism, rule of law, federalism, and secularism.

For Indians, these phrases were foreign, and they required a clear explanation. The British also left Indians impoverished and oppressed. They needed to be able to communicate their awareness in a simple and understandable manner. Citizens in India have numerous fundamental rights guaranteed by the Indian Constitution. This makes legal education and awareness crucial for every person of Indian society, because without awareness, these rights have no validity.

In addition, the legal concept 'Ignorantia facti excusat, Ignorantia juris non excusat' states that ignorance of the law can never be justified. This concept holds true in today's justice system, with courts checking to see if there is any legal ignorance on the side of the parties in any case. As a result, legal awareness and understanding are required, and one must be aware.

The UN Secretary-General writes in a note to the 67th session of the United Nations General Assembly that the deprivations that people living in poverty face throughout their lives include a lack of access to quality education and limited access to information.

Low levels of legal literacy and awareness of their rights result from a lack of political voice and social capital, creating societal barriers to obtaining remedy.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more