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If one follows good hygiene with right habits, he is blessed with a sound and stable health. To the individual, it is his personal health that he may say proudly "health is wealth" To society it is law adherence. Law to society is what personal health is to an individual. Where the citizens in a society are totally law-abiding, it becomes crime-free. Law is the powerful force that fosters the modern interactive society of global dimension. When you are inactive, stay immobile at a single point, and live on the benevolence of others, perhaps you can ignore law. But if you are active in life, earn income, accumulate wealth, start an industry to manufacture or a business to trade in a product, marry and foster a family, own a house or a conveyance, carry a mobile phone, open a bank account or carry a credit card or do various other activities, you have necessarily to deal with law relating to the particular activity or ownership. You have to be first aware of the law that governs your possessions or activities and next learn to comply with its provisions. Law provides more comforts and benefits compared to the well-intentioned regulations and restrictions that we are advised to follow as per its provisions. These benefits we can secure only if we have knowledge about law applicable to our activities. These benefits will go unavailed, if you do not have legal awareness. Tax planning is one such. If you run your family business as sole-proprietor, you may have to pay more taxes, but if you convert the business as a partnership with your son or daughter, it leads to tax saving. You cannot establish a business partnership with you and your wife as partners, but you two can incorporate a private limited company with the same two as directors. The profit earned from a firm is taxable, but the dividends from a private limited company are not. These beneficial decisions you can take if you are aware of business law and laws of personal and corporate taxation. vakilno1.com, a Delhi based online legal consultancy service emphasises legal awareness from a different angle in the following words - "Being common citizens many of us may be faced with various kinds of situations requiring legal assistance, which could not only be physically and/ or emotionally disturbing, but could also cost thousands of rupees in legal fees. Some examples of such situations, which might face are:
In most instances you have many rights and defences that you can assert-- if you know what and how to do it -- and if you do it within the time limits provided by the law. However, the sad part is that most people lose by default simply because:-
In many instances, it is merely a matter of taking right action in a specific and timely manner. By the time most people take action, it is too late -- or at least too late to remedy the situation cheaply and easily." International Training (SIT) SIT is a Global effort and the organization "helps students and working professionals develop cross-cultural competence and global leadership capabilities". SIT has an ongoing programme titled "Global Partnership For NGO Studies, Education and Training". The program objective is explained as under:
The web site summarizes the proceedings and in this context it pinpoints the importance of legal advocacy and knowledge of law for social activists organising and managing Non-Governmental Organizations as under: "The deliberations spread over three days identified following elements of legal advocacy as being important for the social activist:
A number of instances are cited at th web site of SIT where knowledge of law can help the activist both in court and out of it. For instance if one issues a legal notice to- say a government department on an issue of public interest, it is important to ask for an opportunity to be heard. If this is not granted, as it is often the case, it creates an opening to agitate in court. "You can then say your not being heard is violative of the principles of natural justice and the court is likely to agree with you," says T Mohan an advocate in Chennai. "Much of the success in courts these days is on procedure, not on substantive issues." Similarly knowledge that the police cannot detain anyone beyond 24 hours without producing that person before a magistrate is useful for exerting pressure on the police not to indulge in illegal detentions which they sometimes do due to political and other pressures. Knowledge of the judicial process and structure and jurisdiction of courts is also important for the social activist. The tendency seems to be to rush to the High Courts or the Supreme Court with PIL. "But this could be a mistake because if you lose here then it is the end," says Gnanpragasam of Legal Resources for Social Action. There are many provisions in the civil and criminal procedure codes, he says, that make it possible to approach lower courts for redressal as one does in the case of writ jurisdiction. For instance, Section 91 of the Code of Civil Procedure can be used to file a PIL in a munsif's or district court. Similarly section 80 of the same code gives one scope to challenge the government in lower courts." Law is intended for the common man to follow. Majority of the citizens accepts the Law of the land and willingly abides by the same. Law not only prevents crimes and other legal violations, but it also binds the Government of the country from acting arbitrarily. Legal awareness is more than mere knowledge of law. Law is not only a measure for restrictions and regulations. It is also a storehouse of benefits to the common citizen. Knowledge of Law can provide several benefits to the common man. Some of these benefits are discussed in this article. This legal awareness should help one to gain benefits and avoid pitfalls. Law is not a domain only for the Lawyers to specialise. Yes. The lawyer is a specialist and we seek and avail his service. Because best doctors are available, one does not ignore getting all essential information about good health and disease prevention. Legal advice from a lawyer comes on the same footing and availed only in extreme contingencies. Everyone should know the basic provisions of law applicable to him and the law that regulate his particular activities (business, profession or industry). Public servants are invested with responsibility for serving the citizens of the country. They are accountable to the common man and should possess the legal knowledge that will safeguard them and help them to discharge their duties fearlessly and without bias. Knowledge of Law should start from a macro level, i.e. with information about the total structure and design of law, systems of law-enforcement, as well as adjudication of justice. What are the different categories of laws, the difference between procedural and substantive laws; the difference between criminal and civil laws. The sources of law in our country, the structure and design of judicial system in India etc. In addition to this one should also know about "Crime and Punishment" and about the different enforcement authorities. Fortunately there are several web sites on the Internet, which provide legal information to the common citizen, partly free and partly for a fee. An attempt is made to provide the basic knowledge of these matters partly in these chapters and partly under the Lead Project " Integrity In Public Life & Service" The main sources of law in India are the Constitution, statutes (or legislation), customary law, case law (Judicial interpretation of statutes and the principles laid down in the cases put up before the Judiciary), and delegated legislation which are the rules, regulations and bye-laws made by Central/State Governments and local bodies. The most fundamental source is the Constitution, which gives powers to various institutions to make laws and enforce them, the important source of framing of law is the legislature, and the most voluminous source is the delegated legislation. In India, local customs and conventions, which are not against any enacted law or ideals of morality, are respected as binding law. The Union Parliament composed of two houses, the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) is competent to make laws on subjects listed under the Union List or the Concurrent List provided in the Constitution. The power of the Parliament includes the power to amend Constitution in the manner prescribed in the Constitution itself. The State Legislature has the power to enact laws on the subjects mentioned in the Concurrent or the State List, and these laws shall be valid for the State. If any law on a subject in the Concurrent list is made by both the Union and the State Legislature, the law of the Union Legislature shall prevail. | |
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