4.4. What are the Different Branches of the Legal System?

The above case of the dowry death falls within what is considered a ‘crime against society’ and is a violation of criminal law. In addition to criminal law, the legal system also deals with civil law cases. You read in Chapter 4 of how a new civil law was passed in 2006 to protect women against domestic violence.

This chunk introduces the two primary branches of law: criminal law and civil law. Criminal law deals with actions that society prohibits, defining offenses like theft or murder. Civil law, on the other hand, manages disputes between individuals regarding rights and obligations, such as property disputes or divorce cases. The example of domestic violence legislation reflects how civil law can evolve to protect individuals.

Imagine a community where a person steals someone else's bicycle. This act would be prosecuted under criminal law to punish the offender and deter future thefts. Conversely, if two neighbors disagree over a property boundary, the issue falls under civil law, where they would seek a resolution through the courts to clarify their rights.

Here, the chunk outlines three significant differences between criminal and civil law. Firstly, criminal law addresses offenses deemed harmful to society, starting with an FIR and involving police investigations. In contrast, civil law is initiated by the affected party filing a petition. Secondly, consequences differ in that criminal convictions may lead to imprisonment or fines, whereas civil law outcomes typically involve compensations or enforcement of rights.

Consider a situation where someone is accused of theft. The police will investigate and possibly arrest the suspect, leading to criminal court proceedings. However, if someone feels wronged by a broken contract, like a contractor failing to complete a home renovation on time, they would file a civil suit seeking compensation without the involvement of police.

In principle, all citizens of India can access the courts in this country. This implies that every citizen has a right to justice through the courts. [...] The Supreme Court in the early 1980s devised a mechanism of Public Interest Litigation or PIL to increase access to justice.

This section discusses the theoretical access that all citizens have to the judiciary in India. While everyone should be able to seek justice, practical barriers exist for marginalized populations. Public Interest Litigation (PIL) emerged to allow individuals or groups to file petitions on behalf of those unable to access the courts, simplifying legal processes to advocate for broader social issues such as workers' rights and the right to food.

Imagine a community where workers are being exploited by their employer, but they cannot afford legal representation. With PIL, a non-profit organization or an activist can approach the court, acting on behalf of the workers to seek justice. This system raises awareness and challenges injustices, ensuring that more voices are heard in the legal system.

However, there are also court judgments that people believe work against the best interests of the common person. For example, activists who work on issues concerning the right to shelter and housing for the poor believe that the recent judgments on evictions are a far cry from earlier judgments.

This chunk highlights the challenges faced by individuals when seeking justice. Despite mechanisms like PIL, inequities persist in how laws are interpreted and adjudicated. Some recent judgments have favored property rights over the rights of the vulnerable, raising concerns about the judiciary's role in protecting the poorest community members and ensuring equitable access to justice.

Picture a family living in a slum for many years. If a developer wants to build luxury apartments and the government issues an eviction notice, the family's plea for shelter may not be heard. This situation illustrates the struggle many poor individuals face when the law prioritizes commercial interests over their basic rights, leaving them vulnerable.

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