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Baseline Report BASELINE SURVEY Pilot Project on Legal Literacy in Barabanki {Under UNDP Assisted ‘Access to Justice (A2J) Project’ Department of Justice, Government of India} Sponsored by : Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow Conducted by : Awadh Research Foundation D-1/8, Vineet Khand, Gomti Nagar, Lucknow – 226010. Tel. : 0522 - 2992309, 2306533 Telefax : 0522 – 2306533; E-mail : [email protected] Website : www.arfindia.in Final Report Baseline Survey Pilot Project on Legal Literacy in Barabanki {Under UNDP Assisted ‘Access to Justice (A2J) Project’ Department of Justice, Government of India} CONTENTS REPORT Sponsored by : Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow Conducted by : Awadh Research Foundation D-1/8, Vineet Khand, Gomti Nagar, Lucknow – 226010. Tel. : 0522 - 2992309, 2306533 Telefax : 0522 – 2306533; E-mail : [email protected] Website : www.arfindia.in Baseline Survey for Pilot Project of Legal Literacy in Barabanki {1} {under UNDP Assisted ‘Access to Justice (A2J) Project’} Final Report Preface Classically Democracy is government 'of the people, by the people, for the people'. The connotation 'by the people' denotes governance by the people itself. It can be indirect through elected representatives vide universal franchise, but direct governance by the people implies active participation in governance, decision making and development, which in turn prerequisites informed citizenry who can make informed choices on various issues pertaining to governance. It is here where we, as a society, are failing despite having the largest written Constitution and huge body of laws & rules. Maybe we have not empowered the general masses by way of spreading awareness and functional knowledge to actively take part in governance. No doubt India is having one of the most elaborate Justice Delivery System consisting of Police, Investigation, Prosecution and Courts but there has been hardly any programme or scheme for educating and empowering the general masses regarding various entitlements, procedures and forums to access the Justice Delivery System, as a result whereof the general public is mostly trapped in the cobweb of police, legal practitioners and courts consuming considerable energy and resources, which otherwise would have been invested in productive activities. The recent trend of Rights Based Entitlements Approach and Initiatives by Government of India and State Governments have made it all the more necessary to spread awareness and empower the general public about various processes, procedures and forums to avail those entitlements. Things are even worse for the marginalized sections of the society – Scheduled Castes, Scheduled Tribes, Forest Dwellers, female and certain sections of minorities, because of comparatively lesser spread of formal education, poverty and socio-cultural legacies among those groups. The fall-out is almost a daily phenomenon of atrocities, exploitation, sexual abuse and domestic violence widely reported in media. The walls of secrecy and lack of awareness regarding entitlements and procedures is resulting in denial and corruption to these vulnerable sections of society. It is in this background that the Department of Justice, Ministry of Law & Justice, Government of India and the UNDP, commissioned a Pilot Project of Legal Literacy in District Barabanki of Uttar Pradesh. In order to design the strategy & methodology of the legal literacy campaign, the SIRDUP initiated a Base-line Survey (BLS) through Awadh Research Foundation (ARF) – a renowned organization involved in rendering professional services to international agencies and government departments across various development sectors. Baseline Survey for Pilot Project of Legal Literacy in Barabanki {2} {under UNDP Assisted ‘Access to Justice (A2J) Project’} Final Report The objective of the Base-line Survey was to gauge the levels of awareness among general public across all socio-demographic groups and women and on the basis of the outcome of BLS to identify gaps, fix Bench Marks, design strategy & methodology of the campaign and design & develop various IEC tools and materials. The survey has been completed and Bench Marks have been fixed in the instant volume. The results of BLS are both eye opening and astonishing. All most zero level of awareness regarding provisions and procedures of free legal aid, maintenance of old parents, domestic violence against women and its legal consequences, legal consequence of employing child labour & child marriage, protection of consumer rights etc are speaking too loudly to ignore if we want to avoid the blame of failing the Constitution. The thoughtful and onerous task of designing and developing the strategy & methodology of mass awareness and different IEC tools, modules and materials based on the BLS findings is under process. SIRDUP is thankful to the DOJ, Ministry of Law & Justice, GOI and UNDP & its representatives for providing the opportunity and financial support to undertake this unique Pilot Project. I am thankful to the entire team of Awadh Research Foundation (ARF) for accomplishing a thorough and comprehensive Base-line Survey while maintaining quality standards right from conceptualization to preparation of the Survey Report. I would also like to express my gratitude to Dr. O.P. Pandey, Joint Director and Director Centre for People's Participation, Transparency and Accountability (CPTA) and his entire team for their relentless and untiring efforts in this entire process. N. S. Ravi Date: 01.06.2015 IAS Director General DDU, State Institute of Rural Development Lucknow Baseline Survey for Pilot Project of Legal Literacy in Barabanki {3} {under UNDP Assisted ‘Access to Justice (A2J) Project’} Final Report CONTENTS List of Baseline Indicators (Combined) List of Baseline Indicators (Gender-wise) List of Baseline Indicators (Social Category-wise) Page Chapter Particulars No. Chapter-1 Introduction ………………………………………………………….... 1 Chapter-2 Respondent Profile ……………………………………………………. 6 Chapter-3 Constitutional & Legal Safeguards …………………………………… 8 Chapter-4 Protection, Prevention, Prohibition & Rights ………………………… 21 Chapter-5 Protection of Vulnerable Groups, Weaker Sections Marginalized …. 31 Chapter-6 Labor Security, Welfare & Maintenance ……………………………... 35 Chapter-7 Good Governance …………………………………………………….. 38 Chapter-8 Social Security, Insurance and Financial Inclusion …………………... 42 Chapter-9 Voices from the Community ………………………………………….. 45 Chapter-10 Identification of Critical Gaps ………………………………………… 51 Chapter-11 Summary Findings & Recommendations …………………………….. 55 Chapter-12 Benchmarks for Critical Area ………………………………………… 58 Baseline Survey for Pilot Project of Legal Literacy in Barabanki {4} {under UNDP Assisted ‘Access to Justice (A2J) Project’} Final Report COMBINED LIST OF INDICATORS Baseline Survey for Pilot Project of Legal Literacy in Barabanki {5} {under UNDP Assisted ‘Access to Justice (A2J) Project’} Final Report LIST OF BASELINE INDICATORS - OVERALL Sl. Parameters/Variables Baseline No. Value CONSTITUTIONAL AND LEGAL SAFEGUARDS 1. Heard About the Indian Constitution? (%) 18.00 Fundamental Rights [Article 14 – 32] 2. Equality before Law [Article 14] (%) 43.00 3. Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or Place of Birth [Article 15] (%) 2.00 4. Equality of Opportunity in Matters of Public Employment [Article 16] (%) 13.00 5. Prohibition to Practice Untouchability [Article 17] (%) 5.00 6. Freedom of Speech and Expression [Article 19] (%) 56.00 7. Protection of Life & Personal Liberty [Article 21] (%) 67.00 8. Right to Education [Article 21-A] (%) 39.00 9. Prohibition of Traffic in Human Beings & Forced Labour [Article 23] (%) 3.00 10. Prohibition of Employment of Children in Any Hazardous Employment [Article 24] (%) 2.00 11. Freedom of Conscience and Free Profession, Practice and Propagation of Religion [Article 25 to 28] (%) 34.00 12. Right of Minorities to Establish and Administer Educational Institutions [Article 30] (%) 21.00 Fundamental Duties [Article 51-A] 13. To abide by the Constitution & respect its ideals & institution, the National Flag and the National Anthem (%) 68.00 14. To cherish & follow the noble ideals which inspired our national struggle for freedom (%) 0.00 15. To uphold and protect the sovereignty, unity and integrity of India (%) 6.00 16. To defend the country & render national service when called upon to do so (%) 56.00 17. To promote harmony and spirit of common brotherhood; to renounce practices derogatory to the dignity of women (%) 0.00 18. To value & preserve the rich heritage of our composite culture (%) 11.00 19. To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures (%) 7.00 20. To develop the scientific temper, humanism & spirit of inquiry & reform (%) 0.00 21. To safeguard public property and to abjure violence (%) 29.00 22. To strive towards excellence in all spheres of individual & collective activity (%) 0.00 23. To provide opportunities for education to his child/ward between the age of six and fourteen years (86th Amendment Act, 2002) [%] 30.00 Baseline Survey for Pilot Project of Legal Literacy in Barabanki {6} {under UNDP Assisted ‘Access to Justice (A2J) Project’} Final Report Sl. Parameters/Variables Baseline No. Value FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? (%) 88.00 25. Awareness of Rights when Faced with Arrest (%) 31.00 26. Awareness
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