Page 2 - LN LN Std - 8 - civics - Chap 5 - Subtopic -3 Branches of Legal system

(a) – A group of girls are persistently harassed by a group of boys while walking

to school.

(I) Branch of law → Criminal law.

(II) Procedure to be followed → lodged an FIR.

(b) – A tenant who is being forced to move out files a case in court against the

landlord.

(I) Branch of law → Civil law.

(II) Procedure to be followed → A petition has to be filed in court.

Does everyone has access to courts?

• In principle of all citizens have access to courts in this country. Every

citizen has a right to justice.

• In reality the access to courts has always been difficult for a vast

majority of the poor in India. Legal procedure involves a lot of money

and paper work and takes up a lot of time. For a poor person the idea of

going court and getting justice seems remote.

• PIL – The Supreme Court in the early 1980s devised a mechanism of

public interest Litigation or PIL to increase access to justice.

• It allowed any individual or organization to file a PIL in the High Court or

Supreme Court on behalf of those whose rights are violated.

• The legal process was greatly simplified a letter or a telegram to the

Supreme Court or the High Court could be treated as a PIL.

• It is the early years, It secured justice for bonded labourers from

inhuman work conditions and securing release of prisoners from jail

after their term has been completed.