Legal Literacy: Social Empowerment
for Democracy and Good Governance
Jananeethi

K

nowledge of law is power and helps self-realization. India, thelargest democracy in the world, has an emergent need for generating awareness of rights as knowledge so that people live in consonance with the true dictates of democracy and rule of law. Legal literacy iscommonly understood as knowing the primary level in law. When citizens,particularly marginalized or underprivileged groups, know what the law
has to offer them, they can recognize and challenge injustices much moreforcefully. The first step towards that knowledge of law, which can transformpeople’s lives, is legal literacy.
Indian Scenario

Around 35% of India’s population have no formal education.1 Most of them
live in rural areas, where social and economic barriers play an importantrole in keeping the lowest strata of society illiterate. Literacy is an indispensable means for effective social and economic participation, contributing tohuman development and poverty reduction. Even those who are literate arehelpless and confused when there is a violation or infringement of a rightenforceable in law. Government programs alone, however well intentioned,94Legal Literary: Social Empowerment for Democracy and Good Governance95

may not be able to break these barriers, due mainly to the social vulnerabilityof the people writ large. Ignorance of legal rights, human rights, civil liberties, constitutional mandates and several other laws of the land that defend
the people and protect their dignity, freedom, right to equality and accessto justice, etc., are manifestations of their vulnerable existence. Major social
reformation efforts are required to bring about a change in the rural scenario. Non-governmental agencies that have deeper contacts at the grassroots
level than official government machineries play crucial role in this regard.
Legal literacy and human rights education are effective and practical means
to strengthen the social fabric for a successful democracy.
Article 39A2 of the Constitution of India requires the State to ensurethat the operation of the legal system promotes justice on the basis of equal
opportunity. It directs the State to provide free legal aid with the supportof suitable legislation or schemes. The State is also directed to ensure that
opportunities for securing justice are not denied to any citizen for reasonof economic or other disabilities. If people are aware of their rights and duties, the delivery of justice and balancing of various interests in a society
become so much easier. Increase in legal literacy ultimately develops into atransparent and accountable government truly based on the ‘Rule of Law’.
Since the fundamental postulate of the Indian Criminal Procedure Code3 is“ignorance of law excuses no one from compliance therewith,” the need forlegal literacy is undisputable.
Legal literacy, therefore, is a tool for bringing about qualitative change
at the grassroots level. Experience shows that better awareness of laws helps
people work more effectively in diverse spheres. The non-implementation ofmany laws is partly attributed to the beneficiaries’ lack of awareness.
Jananeethi
Jananeethi was founded in 1992 as a non-political, non-sectarian, non-profit-making and voluntary organization that provides legal aid and assistance,
protects and promotes human rights, and provides psycho-legal counselingservices and clinical legal education. Jananeethi aims at radical changes insociety, enabling people to become aware of their inherent human rights
and civil liberties, so that they may live in dignity and freedom, free fromfear and want, in consonance with the true dictates of humanity in its widest
scope and dimension.

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Jananeethi is meant to defend the life, dignity, liberty and other fundamental
rights of the defenseless. It facilitates a process of accessing justice, governedby democratic principles and rule of law, focusing on the weak and vulnerable in the society.
It has a firm belief that it is essential to use the knowledge of the law as
a tool for vulnerable groups to be able to understand and critique the law,
to familiarize themselves with the scope of their rights under the law, andeventually to assert their rights as a means toward taking action and bringing in change. With this aim in view, Jananeethi started its own legal literacy
program that aims to educate the maximum number of people and to help
build capacity from within communities, so that they are in a position toeducate others, and more importantly, challenge violations.
The services of Jananeethi are primarily intended for the victims ofviolence, corruption and gender-racial discriminations. The recipients of
its legal literacy, however, are both the victims and the stakeholders. They
include women, children, small peasantry, labor unions, unorganized workers, women’s groups like Kudumbasree4, self-help groups, non-governmental organizations (ngos), community organizations, police, service providers, clinical practitioners, media persons, elected women representatives of
local legislative bodies, students, and government servants.
The strength of Jananeethi lies in its profoundly rich personal resource.
Its members include retired judges, eminent jurists, successful practitioners
in courts, law teachers, human rights defenders, researchers, social activists,
authors, thinkers, journalists, civil servants, and students of law and social
sciences. The full-time staff of Jananeethi comprises of highly talented anddeeply committed lawyers with experiences of more than five years in dealing with people in difficult situations.
Legal Education as Human Rights Education
Legal literacy means creating general awareness on legal rights and duties, which are enforceable and whose violation invites legal action. Humanrights education, on the other hand, is based on principles of human rights
which are global ethical standards protected by international instruments.
Legal literacy is concerned with particular laws or rules that have specificapplication, and often in limited scope. Human rights are universal, theirapplication often is based on the ethical and moral framework of the indi-Legal Literary: Social Empowerment for Democracy and Good Governance97

viduals or communities. Their scope is much wider, though human rights
are also culturally specific. Jananeethi combines both legal literacy and human rights education and delivers them in a single package. It deals withspecific laws, impressing the audience with the binding nature of theirrights and duties and the consequences in the event of violations. It also
introduces human rights that have implications far beyond specific laws.
Human rights have deeper significance in democracy, rule of law, civilization, human achievements and sustainable development. Invariably there
are sessions on the development of the concepts of human dignity, freedom, right to opinion, security and self-determination followed or supported by international documents like the Universal Declaration of Human
Rights, International Covenant on Civil and Political Rights, International
Covenant on Economic, Social and Cultural Rights etc. References to international instruments depend on the topic under discussion. For example,
in Jananeethi’s series of seminars and debates on good clinical practices ofpharmaceutical companies regarding human participants in its research theessential national and international documents often quoted are the following: i) Ethical Guidelines for Bio-Medical Research on Human Participantsby the Indian Council for Medical Research (2006), ii) Helsinki Declaration
by World Medical Association (2008), iii) International Guidelines for BioMedical Research involving Human Subjects jointly declared by the who
and Council of International Organizations for Medical Services (1993), iv)
Universal Declaration on Bio-Ethics and Human Rights by unesco (2005),
Guidelines for Good Clinical Practice for trials on pharmaceutical products
by who (1995), v) Guidelines for Good Clinical Practice by International
Conference on Harmonization (1996) and International Covenant on Civil
and Political Rights (1966). Thus human rights education helps people tothink locally and globally and to be concerned of humanity today and tomorrow across the borders. Human rights education also helps participants
to understand and appreciate the worth of individual human being notwithstanding his/her diversities.
Programs
The methods of dissemination of legal knowledge and information by
Jananeethi vary in respect of other relevant factors. It holds formal, classroom-based lectures to focused groups, but mostly have informal, uncon-

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H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cventional settings (folk style) giving more stress on spontaneity and emerging needs. The outreach programs belong to that category.
a) Psycho-legal therapeutic counseling
The key words here are psycho, legal and therapeutic. Many of the victims, particularly those who have been sexually abused, physically batteredand mentally tortured, are not happy with mere legal remedy. Since theirproblem is multi-dimensional, there is a need for an integrated approachaddressing the psychological, emotional, physical, social, marital, sexual andlegal issues involved. Hence, for all practical reasons, the first step has tobe the psychological approach along with social support. Jananeethi provides the services of clinical psychologists who befriend the victims so thatfeelings and emotions that bleed within are attended to with concern, loveand respect. Whenever needed, medical assistance or care is provided on apriority basis. Shelter is immediately provided in cases of victims needing
safe and comfortable place to stay without fear and threat. Once the victims are mentally stable and are disposed to listening to legal remedies andreparations, members of the law faculty of Jananeethi start counseling themregarding the violations and the available remedies in law, both in statutory
and common laws. This is a process and does not happen in one single session. The victims are steadily helped to be able to take recourse in law, andcontinuously supported and assisted by the law faculty of Jananeethi untilthe victims feel that they can manage without external assistance. The therapeutic course is complete when the person gets healed. Healing should primarily happen in the victims’ memory that has been filled with pain, shame,
humiliation and indignation. Until healing takes place, justice is not done tothe victims, as we believe justice heals.
b) Clinical legal education
Each petition/complaint received in Jananeethi office is a befitting casefor clinical legal education. The purpose of Jananeethi is to help people resolve their problems and access justice, having been empowered throughawareness generation and capacity building. The law faculty of Jananeethi
takes ample time to assess, analyze, evaluate, explain and interpret to thepetitioner/complainant the merits and demerits of his/her grievance/petition. We deem it our moral duty to instruct them with regard to all options
before taking recourse to legal proceedings. More than a consultancy, it isLegal Literary: Social Empowerment for Democracy and Good Governance99

aptly called a clinical service, going into every minute detail with its legal
and social implications. Whether one should file a suit is ultimately the independent decision of each individual concerned. However, Jananeethi ensures that the person makes a decision fully aware of its legal implications.
c) Trainings
There is subtle difference between literacy and awareness building. The
training programs of Jananeethi are twin-edged—for legal literacy and forlegal awareness generation. Legal literacy means principles of common andstatutory laws being taught systematically and in sufficient detail. It is administered in a structured manner based on a curriculum. Whereas awareness building is only at the peripheral level and aiming only at a general
understanding of a given set of rules and statutes. All outreach programsof Jananeethi are intended to generate awareness, and the workshops andshort courses organized for different segments of society with clearly spelled
out thematic inputs come under literacy mission.
1. Legal Literacy
Jananeethi holds the following activities to spread legal literacy that enables individuals and groups to respond to violations of legal and humanrights in a wider spectrum.
Training for “Barefoot Lawyers”/Paralegal Activists. Public spirited
young men and women being trained as “barefoot lawyers” receive basic
courses on elementary laws. The training participants have a minimum educational qualification of completion of at least two-year tertiary level of
education or above. They may be either members of ngos or community organizations, or social/environmental activists who would also like to take up
legal/human rights issues. They are expected to become competent in identifying violations of individual or community rights after a one-week crashprogram on the essential and elementary laws. If they are not able to sort out
any complicated matter, such matters could be referred to the law faculty of
Jananeethi. There are refresher/updating programs over and again depending on the need. There are paralegal workers who are specially trained in
specific thrust areas like minorities, indigenous people, child rights, genderissues, right to information, consumer rights, torture and custodial violence,
etc.

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Professionals. Well-educated and highly-placed professionals too areoften not conversant with legal provisions and the implications of theirviolation. Many do not know the nitty-gritty of several statutory laws andtheir applications. For example, the newly legislated Act for the Protectionof Women against Domestic Violence5 is purportedly to be complied by avibrant administrative machinery. However, the fact remains that vast majority of the officers and professionals like clinical psychologists, therapeuticcounselors, welfare officers, social workers, institutional heads and membersof the academe are ignorant of their roles and responsibilities as provided
in the Act. Jananeethi takes pains to organize workshops to sensitize themwith respect to such new generation legislations wherein the pro-active roleof various stakeholders are of great significance.
Non-governmental organizations/Community Organizations/Service
Providers. Similarly, ngos, community organizations, faith-based groups,
various service providers, trade unions, youth clubs and service organizations
also have larger scope of helping improve the quality of life provided they
are conversant with the respective legislations. There are many laws (suchas consumer laws, Right to Information Act, National Rural Employment
Guarantee Act, Protection of Women against Domestic Violence Act, Law
on Human Rights Protection) that can be successfully implemented only
through the active participation of the larger public. Jananeethi has volunteered over the years to organize several sessions in a year for these groups
to achieve their goals.
Police Personnel. The Kerala Police Academy6 sought the help of
Jananeethi to streamline the curriculum of police training from a humanrights perspective. One major reference book on police training has been
Human Rights in Malayalam published by Jananeethi. The Jananeethi law
faculty has engaged several batches of police trainees, especially on humanrights, gender justice, child rights and social policing. In addition, Jananeethi
has organized workshops for senior officers at Jananeethi on the nuances of
new legislations and reports of Commissions on police reform.
Elected Women Representatives to Local Bodies. Women have greaterrole in public and local governance. The Government of Kerala has recently amended the rules reserving fifty percent of the seats in local bodies towomen.7 This phenomenal advancement of our polity is under challenge toprove its political wisdom by improving women’s performance in their official capacity as people’s representatives. Hence Jananeethi during the last

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few years has focused on elected women representatives by organizing special capacity-building programs for them specifically on successful implementation of welfare legislations in their constituencies.
Post-graduate Students of Social Work. Post-graduate degree holders insocial work, who are expected to work in social welfare institutions and social justice and empowerment departments, need to keep abreast with thesocial legislations of the country. Jananeethi has volunteered to impart thisknowledge to students of social work in both Calicut University and SreeSankara Sanskrit University. In addition to preparing them for their university examination, Jananeethi takes additional interest to teach them lofty
principles of democracy, human rights and rule of law.
2. Legal Awareness
Psychological studies have shown that the lecture method is one of theleast effective means of communication and should be complemented byinteractive teaching methods. There are wide varieties of teaching methods
available to human rights educators apart from the usual lecture method.
Jananeethi from its own experience has found that the best way to teach human rights is to use “folk school” approach that involves the participants inthe learning process and allows them to help determine the content of thesessions.
Outreach Programs (Folk School). In association with women’s neighborhood groups like Kudumbasree, Integrated Child Development Services(icds) network,8 self-help groups, etc., Jananeethi organizes a few hundred
awareness generation programs in a year for women of low income families
focusing on legal protection for women, and the means and methods to avail
them. Thus several thousands of women are served annually.
The dynamics of each session is simple. It begins with an interactive
activity on their experiences regarding sexual abuses at home and in society, gender discrimination and sexual harassment at the work place, dowryrelated violence, female foeticide, women’s right to property and maintenance, the newly-passed Act for the Protection of Women against Domestic
Violence, etc. The participants can bring in any issue they feel relevant tothe context. It leads to sharing of views and opinions including their apprehensions of the consequences of the problems. Invariably this ends up in a
detailed discussion on the respective laws and their implications and meansof implementation. In case someone needs deeper insight or personal assis-

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issue/complaint that needs exhaustive analysis and follow-up, that too will
be brought before the law faculty of Jananeethi.
Street Theater, Road Shows, Reality Shows. As mentioned earlier,Jananeethi looks for the most effective means of communication in rural
settings. It realizes that wider sections of people highly appreciate theatricalpresentations on the streets; stills and visuals representing or highlighting
either a theme or a problem or a call for action; and presentations at thereality shows are highly appreciated by wider sections of people. They havedirect access to people, who do not need to spare extra time or expenses tobe able to reflect on their own lives that are being re-enacted before them,wherever they are. Jananeethi, again, has used these methods predominantly
to sensitize the gender concerns and rights of children against exploitation
and abuse. Reality shows refer to television programs that project real situations such as the contest broadcasted by a private channel (Amruta TV)
during the 7 February to 4 June 2008 period that included corruption issues.
In that show, one of the contestants, Ms. Bonnymol, was a close associate of Jananeethi. Through Ms. Bonnymol’s presentation on the TV show,
Jananeethi was able to highlight many instances of corruption to the public
on the television show. As a result, the intelligence wing of the Law andOrder Department of the State of Kerala took on some of the issues raisedon the television show for positive action. This show was named the best
citizen journalist in 2008.
Public lectures, Radio talks, FM Radio, etc. There is explicit interest expressed by senior citizens in attending public lectures followed by interactive sessions. Many wish to spend a few hours in the afternoon listening toscholars on contemporary issues that have significant bearing on the rights
and livelihood of ordinary people. Jananeethi during its nearly two decadesof existence has organized several series of lectures in the city for the generalpublic, some of them were rated as the best attended public debates of theyear. For example, following the demolition of Barbari Masjid at Ayodhya
in the State of Uttar Pradesh, Jananeethi organized a series of lectures by
Dr. Sukumar Azhikode9 on the “Cultural Identity of India” continuously foreight evenings in the premises of the public library. Several hundreds ofpeople attended the program from far and wide. Jananeethi organized another series of public debates on 4-12 March 1994 in the city on the pros andcons of the General Agreement on Tariffs and Trade (gatt),10 which again

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was a fabulous event. The most recent attempt of Jananeethi in this area wasa series of public lectures on “Challenges to Democracy” delivered by very
eminent thinkers for twenty weekends. Both All India Radio and several FM
Radio networks keep approaching Jananeethi to deliver talks or join panel
discussions on the most relevant topics of public interest.
Creation of the “Legally Literate” and Litigation-free Zones. Jananeethi
employs an innovative approach to spreading general awareness of various
fundamental legal provisions and principles among the people and to invite public attention to abide by the rule of law and statutory regulations.
Creation of litigation-free zones means resolving all existing disputes andcases in courts and police stations and in such other government and semigovernment offices in the spirit of cooperation and trust, and based on
mutual agreement. During the pre-settlement talks and counseling, people
are made aware of their rights and duties as perceived in respective laws.
A “legally literate” village means at least one member of a family in the village has undergone thorough training on preliminary laws and legal rules.
There must be an express intent of the people to abide by the norms and thegeneral rules.
Public Interest Litigation. Jananeethi takes every public interest litigation case as an opportunity to impress the respective groups or communities on the need of such litigation, its justification, the scope and possible
consequences of its end results. This is, of course, a long process but alsoa sensible method of enabling people to be responsible for what they aretalking about. Normally, Jananeethi takes the matter in issue to the concerned communities to shape public consensus. This obviously is an educative process.
Human Rights Advocacy. The Jananeethi desk for human rights plunges
into action whenever human rights violations are reported. The violations
refer to custodial torture and violence, violations of indigenous people’s
rights, attack on the environment, human trafficking, corruption in public offices, etc. This requires a lot of spadework before launching a massive
response to the violations. This also presupposes that substantial publicawareness generation activities in the designated areas and communities
prior to the launching of a campaign have been undertaken.
Negotiated Settlement of Disputes. Negotiated settlement of disputes
constitute the major activity of Jananeethi and one of the primary objectives of the organization. In the case of negotiated settlements, the decision

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is finally taken by the parties concerned in the presence of Jananeethi law
officers, and other legal consultants if any. Lawyers assist the parties in theprocess so that they do not make errors in law. One of the significant advantages of the program is that the parties themselves become mediators insimilar situations in their own communities/villages.
D) Publications
Jananeethi comes out with publications that are significant means oflegal education on selected topics for the general public. They also invite
public debate and provide larger platforms for further deliberation.
Books. Human Rights, published by Jananeethi in 1998, is perhaps thefirst authoritative reference book in Malayalam on the training of police
personnel on human rights. Edited by N.R. Madhava Menon, PhD,11 a celebrated legal luminary of international repute, the book contains articles byeminent Indian scholars on various dimensions of police training. This book
is considered as a textbook widely used by police training institutions in theState of Kerala. All Rights are for All is another significant publication by
Jananeethi in Malayalam, again published in 1998, the 50th year of Universal
Declaration of Human Rights. This is a collection of all human rights instruments by the United Nations (UN) subsequent to the udhr. Prior to thispublication, there has never been a material on UN documents available
in the vernacular language in Kerala. This book was widely circulated inschools and public libraries for the benefit of the general public. In 2003,
Jananeethi published a critique of the Recommendations by the Committee
on Reforms of the Criminal Justice System in India authored by Basil
Fernando, the Executive Director of the Asian Human Rights Commission.
Again in 2003, Jananeethi published Niyamaprakaram (According to Law)
in Malayalam as a handbook for anyone wishing to initiate action in law.
All elementary laws that are relevant in Kerala and that every Malayalee
should know have been summarily explained in simple language with examples to illustrate the theme. In 2004, Jananeethi together with the Asian
Human Rights Commission published the English version of late Professor
T.V. Eachara Varier’s Memories of a Father, his reminiscences on his only
son, Rajan,12 who was slain by the State police force in 1976. This book is aliving testimony of how brutal a government could become in depriving thefundamental human rights of its own citizen.

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Monthly Journal. Jananeethi has been publishing since 1994 a monthly
journal named Jananeethi in Malayalam that can be seen as a link between
the bench and the public. In the early years, each volume of the journal
was devoted to a particular topic with elaborate explanation of relevant law
and its amendments. Further, important judgments by the high courts andSupreme Court regarding relevant laws were also published for the benefitof the readers. Later, the journal has become a human rights critique of thegovernment and public institutions. The main objective of the journal is to
give the true and unbiased interpretation of major events in the country
affecting the people, their life, property and the environment consistent
with the national and international laws and covenants. Judicial officers in
Kerala await with interest the arrival of each volume of the journal. Often,
the healthy criticism by the Jananeethi of the judiciary from the peoples’
perspective has been complimented by members of the Bench.
Other Publications. Jananeethi during the last eighteen years has been
serving the public by publishing several booklets, pamphlets, brochures,
folders, stickers, display boards, posters and charts dealing with particularlaws, their applications in society and legal implications in cases of violation.
Thousands of wall-charts were prepared by Jananeethi in 2004 on topics like1) your rights when arrested, 2) rules regarding bail, 3) traffic rules, 4) accident claims, 5) offences against women, 6) sexual harassment at the work
place, 7) ragging (hazing) as a criminal offence, 8) consumers’ rights, childrights, and 9) your right to information that were freely distributed in thecommunity. People took them home and hanged them on the wall so thatthey could refer to them time and again. Huge display boards were preparedon Supreme Courts directives on the rights of a person under arrest, andsexual harassment at the work place. The display boards were put at strategic places of public activity like railway stations, bus stations, market places,
etc. and in front of major government offices and police stations. This hashelped government officials, police and the public to understand the spiritof the law and the mind of the judiciary regarding such offences.
Major Interventions
In addition to the above account of legal literacy programs directly undertaken by Jananeethi at different levels of society, every intervention it makes
in society (related to human rights, gender, environment, democratic in-

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H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cstitutions, social justice, civil society movements, domestic violence, therapeutic jurisprudence, etc.) is always a case of legal education. Jananeethi isjustified in getting involved in a public cause either to protect or promote
an existing legal right or to establish the need for a legislated social orderfor the full achievement of humane life. This has been proved right in thefirst public interest litigation case of Jananeethi on behalf of Gopi13 who was
brutally tortured to death in police custody in 1989; in the matter of seventyfive thousand Indian adolescent girls who had been rescued14 by Jananeethi
from being trafficked for sexual trade in 1995; in the initiatives of protecting land, air and water from industrial pollutants and land mafia; in therelentless fight against dowry-related violence and sexual exploitation; inthe campaigns against child labor, capital punishment, war, nuclear installations, globalization, etc.; in launching helpline for women, children and theelderly in distress; in providing legal aid and support to victims of naturaland human-made disasters; in organizing care and support to people livingwith hiv/aids, and many more. In short, every initiative of Jananeethi is acase of legal literacy designed/intended for specific groups/communities/
institutions.
Recognition
The impact of Jananeethi educational activities is quite obvious and emulative. Women began asserting their rights including their dignity, freedom,right to divorce and maintenance in appropriate cases, etc. Through ourconsistent efforts, a large number of women dared to file petitions in police
stations, courts or human rights commissions against gender-based violence and discrimination. The creation of the First Litigation-free Village inIndia in 2000 was another classical example of the power of women to negotiate and settle disputes in families or communities. There are conspicuous
positive changes in the overall attitude of the male sections of society on issues concerning women. Christian women who were under the impressionthat their marriage could not be dissolved at any cost, started applying for
declaration of nullity and received positive orders in genuine cases.
Jananeethi has been recommended by the District Administration,
State Social Welfare Department, State Legal Services Authority and suchother institutions like the Government Medical College and the Kerala
Agricultural University as the representative of the civil society organizations

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to several Committees/Boards functioning at the district and state levels.
The Institutional Ethics Committee, Anti-ragging Committee, Anti-sexual
Harassment Committee, Child Labor Monitoring Committee, Committee
against Bonded Labor, District Committee to Monitor Ethical Standards ofPrivate Television Channels, etc. are examples of such Committees/Boards.
Jananeethi, as official nominee to these bodies, is vested with great responsibility to ensure that the statutory rules and ethical standards are meticulously complied with.
Conclusion
Jananeethi’s efforts on legal literacy and legal awareness are an odyssey
through various successful interventions and interactions by diverse participants who work for a change of mind and a change of character in the Indiansocial milieu. Through its large network of legal literacy programs and activities, Jananeethi is pursuing two related but distinct missions. First, it seeks
to reform society by changing the mindset of future litigants in choosing not
to go for hazardous, time-consuming, expensive course of adjudication andpreferring Alternate Dispute Redressal15 as a matter of principle. Second, itseeks to create a more robust “rule of law culture” by educating membersof the public about their legal rights under domestic and international law.
An educated public that is willing and able to demand that the government
acts in a fair, transparent and law-based manner can help achieve peacefulchange. Jananeethi envisions a world where people everywhere have the opportunity to access justice and join the knowledge economy that governs
their everyday activities.
Endnotes
1
Economic Survey 2004-05, Economic Division, Ministry of Finance,
Government of India, quoting UNDP Human Development Report 2004; see also
“India Statistics” in www.unicef.org/infobycountry/india_statistics.html. Retrieved
2009-03-27
2
Article 39A of Indian Constitution reads as follows: The State shall secure thatthe operation of the legal system promotes justice, on a basis of equal opportunityand shall, in particular, provide free legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.

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Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for“ignorance of the law does not excuse” or “ignorance of the law excuses no one”) is alegal principle holding that a person who is unaware of a law may not escape liability
for violating that law merely because he or she was unaware of its content.
4
Kudumbashree, the State Poverty Eradication Mission (SPEM) was launchedby the Government of Kerala in 1998 with the active support of the Governmentof India and National Bank of Agriculture and Rural Development (NABARD) for
wiping out absolute poverty within a period of ten years. The project is implemented
through Local Self Governments empowered by the 73rd and 74th Constitutional
amendments. The slogan of the Mission is “Reaching out to families through Womenand reaching out to community through Families.” Kudumbashree envisages prosperity of the economically backward families in the state. Kudumbashree has altered
the lives of economically backward women in the state, changed their perception,
built their confidence, boosted their morale, rediscovered their dignity and honor,
and empowered them economically, socially and politically. Today 3.6 million women participate in the Kudumbashree movement in the state cutting across political
ideologies and religious faiths.
5
Protection of Women from Domestic Violence Act 2005 was brought into
force by the Indian government on 26 October 2006. The Act was passed by the
Parliament in August 2005 and assented to by the President on 13 September 2005.
It is meant to provide protection to the wife or female live-in partner from domestic
violence at the hands of the husband or male live-in partner or his relatives, the law
also extends its protection to women who are sisters, widows or mothers. Domestic
violence under the act includes actual abuse or the threat of abuse whether physical,
sexual, verbal, emotional or economic.
6
Kerala Police Academy is situated at Ramavarmapuram in Thrissur city whichbegan functioning in May 2004. The Academy runs full-term basic courses for subinspectors, constables, women constables, drivers and telecommunication wing
constables. It also runs short-term courses and in-service courses for various ranks.
7
The Kerala Legislative Assembly on 16 September 2009 unanimously passed
two vital bills providing for fifty per cent reservation for women in local bodies in
the State. Kerala Panchayat Raj (second amendment) Bill and Kerala Municipality(amendment) Bill, adopted by the Assembly seeks to give crucial role for women in
the decision-making process for grassroots level developmental and welfare activities. On 28 September 2009 the Union Cabinet of India through an amendment of
Article 243(d) approved fifty percent reservation for women in panchayats (local
self-government) all across the country.
8
Integrated Child Development Services (ICDS) with its network ofAnganawadis (child-care or mother-care centers) covering more than 3,000
Community Development Blocks in the country is perhaps the largest Women andChild Development scheme being implemented anywhere in the world. The basic purpose of the ICDS scheme is to meet the health, nutritional and educational
needs of the poor and vulnerable infants, pre-school aged children, and women in
their child bearing years. The scheme seeks to meet these objectives by delivering
an appropriate combination of six basic services to children aged under six, pregnant women and nursing mothers: Supplementary Nutrition, Health Education,
3

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Immunization, Health Check Up, Referral Services and Non-Formal Pre-School
Education.
9
Dr. Sukumar Azhikode is a writer, critic and orator, acknowledged for his
contributions to Malayalam literary criticism and insights on Indian philosophy.
Azhikode’s most famous work is Tatvamasi (1984, Malayalam), an authoritative
book on Indian Philosophy, Vedas and Upanishads. Thathvamasi has won twelveawards including the Indian Sahitya Akademi Award, Kerala Sahithya Academy
Award, Vayalar Award and the Rajaji Award.
10
The General Agreement on Tariffs and Trade (GATT) was the outcome of the
failure of negotiating governments to create the International Trade Organization(ITO). GATT was formed in 1947 and lasted until 1994, when it was replaced by theWorld Trade Organization in 1995. The Bretton Woods Conference had introduced
the idea for an organization to regulate trade as part of a larger plan for economic
recovery after World War II. The GATT’s main objective was the reduction of barriers to international trade. This was achieved through the reduction of tariff barriers,
quantitative restrictions and subsidies on trade through a series of agreements.
11
N.R. Madhava Menon (born on 4 May 1935 in Trivandrum, India) is a legal
educator from India. He was instrumental in setting up the National Law School ofIndia University (NLSIU) in Bangalore, and was its founder-director. He has also
been the founder-Vice-Chancellor of West Bengal National University of Juridical
Sciences (NUJS) in West Bengal, Calcutta, which runs on the NLSIU model. He was
the first Director of the National Judicial Academy, Bhopal, an institute for trainingof judges. Currently he is a member of the high-power Committee for Center-State
Relationship in India. Madhava Menon has worked for nearly five decades to improve Indian legal education. As a member of the Legal Education Committee of
the Bar Council of India and later as the first Secretary of the Bar Council Trust,Professor Menon, PhD, influenced the shaping of legal education policies.
12
Rajan was a student of Regional Engineering College, Calicut during the emergency period. In the 1970s the Naxalite movement had become very strong in northKerala. Almost any idealistic, young man/woman in those days was attracted to that
ideology. College hostels were probably full of sympathizers to the “cause”. It is generally accepted that Rajan was not in the movement but likely was a sympathizer
but so were thousands of others. Rajan was taken into custody by police, tortured,
brutally killed and was (allegedly) burned in the police camp at Kakkayam. After the
emergency was lifted, Rajan’s father, Professor Eachara Varrier filed a case against
the State Government which ultimately was disposed against the Government, leading to the resignation of the then Chief Minister. Later, Professor Varrier publishedhis reminiscences on his son entitled Memories of a Father.
13
Gopi, son of Thankappan, was 21 years of age in 1989 and was a very enterprising young man with sound habits. He was a member of a political organization but
had to resign for genuine reasons. This earned him the wrath of his political opponents who cooked up a false case against him. The Cherthala police summoned Gopi
to the police station on 5 October 1989 and tortured him to death. The police allegedthat Gopi had committed suicide in the police station. Thankappan, father of Gopi
refused to accept the police version, and decided to keep the mortal remains of his
son until it was proved that his son was really murdered by police. Jananeethi took

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H u m a n R i g h t s E d u c at i o n i n A s i a - Pa c i f i cup this case to the Kerala High Court as a Writ Petition and finally in the tenth year
after the death of Gopi the Honorable High Court ordered the State Government
to pay compensation to Gopi’s parents. In 1999, the mortal remains Gopi were cremated in the presence of a large crowd according to their religious rites.
14
In 1995 Jananeethi filed a Public Interest Litigation in the High Court of Kerala
against the Union and State Governments in India (in O.P. No. 15435 of 1995) against
an attempt by a Shillong based organization called H & Z International to export
75,000 adolescent girls to Southeast Asia for sex trade in the guise of house-maids.
The Union and State Governments pleaded ignorance in the Court. The High Court,
after verification of relevant documents, stayed the recruitment of girls (45,000 girls
from Kerala and another 30,000 from North-East States in India).
15
The interminable and complex court procedures have propelled jurists andlegal personalities to search for an alternate to conventional court system. Alternate
Dispute Resolution (ADR), thus conceived, was being increasingly acknowledged in
the field of law and commercial sectors both at national and international levels. Itsdiverse methods have helped parties to resolve their disputes at their own terms
cheaply and expeditiously. Justification of ADR in law lies in Section 89 of the Civil
Procedure Code of India, and Article 52 (d) of the Indian Constitution.