HIMACHAL PRADESH

NATIONAL LAW UNIVERSITY

SOCIOLOGY IV
STUDY OF DISTRICT COURTS

Submitted to:- Submitted by:-

Dr. AMIT CHATURVEDI KRISTEN SLEETH

ENR. No.:1020171854

B.A. LL.B (Hons)

FOURTH SEMESTER
TABLE OF CONTENT:

1. Abstract.

2. Daily Discourse of the District Courts

2.1.Subject 1: Saket District Court, New Delhi

2.2.Subject 2: Tis Hazari, New Delhi

3. Clerks and Clients: Paraprofessional Roles and Cultural Identities in District

Courts

4. Indian Lawyers and Political Modernization

5. Sociological Practice and Social Change

Abstract:

This paper attempts to study the social changes that are being faced by the Indian district courts
with respect to certain social elements which are acting as agents of this social change. The
notion in the mind of general public that the courts are still the same and the courts are still
having the same ignorant behavior is not entirely wrong but at the same place it is not entirely
correct because the presence of knowledge is much more present than previous times and now
the knowledge is not only limited to the elements controlling the system of administration of
justice rather now knowledge has become an integral part of the developing society. This paper
attempts to bring out the daily discourse of a district court, the presence and importance of the
clerks and clients and the role of lawyers in this course of social development. The government
has made various attempts to improve the structure as well as the infrastructure of the Indian
district courts and the paper demonstrates this aspect of development very clearly. This paper
studies two courts which are Saket District Complex and Tis Hazari which are both situated in
New Delhi. I confined myself to this topic because as I was doing an internship in Saket District
Court which gave me an opportunity to study the place very minutely and observe the social
elements very closely.

The Research is mixed in nature that is both doctrinal as well as non-doctrinal as this paper is
written on the basis of the observations made during the month of January while doing internship
and are connects to some government data procured through websites and further related with
some concepts from books and journals available.
DAILY DISCOURSE OF DISTRICT COURTS:

The daily discourse of a district court starts with a huge fuss of people struggling with the
delayed behavior of the Indian Legal System and lawyers rushing to procure clients. The paper
discusses the discourse of two district courts of New Delhi and both the district courts are
equally important because one of the court is the court of first instance of South Delhi which
constitutes people of higher class as well as rag-pickers and the other court is the oldest court and
is known for maximum rush.

Subject 1: Saket District Court, New Delhi.

The judicial districts of South and South East are functioning from Saket Courts Complex. The
areas falling under the jurisdiction of the judicial districts of district South and South East are
divided as per the police stations in each district. The Saket court complex is seven storyed
building on an area measuring 17 acre. Lawyers Chambers block is eight stroyed building
independent structure in the Complex. It consists of 81 Court rooms (37 courts are running under
South district and 35 courts are running under South East district) and various branches which
include one Library, Delhi Legal Aid Services (DLSA South and South-East) office, Mediation
Centre, copying agency, Record room, office of Bar Association, Nazarat branch, Conference
Hall, Administrative branch, Bail Section, RTI Cell, Computer Branch, CMM office, Account
Branch and various other branches.
If you are visiting the court for the first time and you have no idea where to go then instead of
going around and making inquiries, you must visit the facilitation centre located just opposite the
main entrance lobby. The window no. 04 can provide you answers to most of your queries
including the following:-
1. Where is the court relating to a particular police station located?
2. Where you can file fresh civil suit or a criminal complaint?
3. Where to go for applying for a certified copy?
4. What is the next date of hearing fixed in particular case?
A facilitation center is functional at Saket Courts Complex. The same is located on the ground
floor opposite the main entrance lobby. The facilitation center comprises of Centralized filing
counter and has a Public Relations officer deputed at the ground floor to help out litigants. All
inquiries by litigants can be made in the facilitation center.
If you are just curious and want to visit any of the Court of the Court complex, you are welcome
to do so. The courts are open to all. Entry to the court rooms is unrestricted. It is however,
expected that as the responsible citizen you would cause no interruption in Court proceedings
and if for any reason you have been asked to leave the court, you must comply with such
directions of the Court. You may, however, may not allowed to carry your phone inside or may
asked to switched off and not allowed to take pictures. If you are a visitor to the Family Courts
then you would find that the Family Courts have been designed keeping in mind the requirement
of the adults but also the children who sometime are also required to visit the Court for meeting
one or the separated parent. You would find that Family court of Saket Court is located adjacent
to the administrative side of Saket Courts Complex, consisting 02 floors and 02 courts. There is
children room on the ground floor.
There is a mediation center at first floor, Utility Block in Saket Courts Complex. You may know
that medication is an informal process where the parties resolve their disputes with the help of a
neutral independent mediator. The services of the Mediation center are available for everyone.
You can approach the mediation center to settle the disputes both in cases of litigants pending
before the court or where though the dispute is brewing but no litigant has been initiated as
yet. In case the settlement is arrived at through mediation pending before the Court you are even
entitled to refund of full court fee which you have filed at the time of initiating the litigation.
Once the matter has been settled through process of mediation you can save of time of going
through the process of appeals etc which generally followed in the cases which are decided by
the courts. The settlements arrived before the mediation are of binding nature and can be forced.
A Library is presently functional for Judicial Officers on fourth floor. Judicial Officers can access
all the reference Books, Journals, Bare Acts, Swamys’ Books, General books, law Journals, Law
Software etc. Maintenance and issuance of Books, Bar Acts, Swamys’ Books, General books,
law Journals, Law Software, Library Software and Binding of Law Journals, Purchasing of
Newspapers and Magazines for the Ld. District Judge, New Delhi District.
You will know that Saket Court Complex is one of the busiest court complex in the country
where every day thousands of peoples visit and, therefore, it is expected that when you visit the
Court complex you would follow the necessary guidelines given for providing the necessary
services. You may also note that the courts require a peaceful atmosphere to discharge its work
and, therefore, it is expected that when you move around in the court premises you will not
create noise and move about in orderly fashion. If you happen to enter any of the court rooms
you will maintain the decorum of the court and do nothing which may cause disturbance in the
working of the Court.
There are some photos which show the morning view of the court with empty blocks and some
lawyers struggling to procure clients.



Subject 2: Tis Hazari, New Delhi:
The Tis Hazari court is considered as the busiest court of Delhi and it is also known for the
young and struggling lawyer, who approaches Tis Hazari court in a hope to get an acceleration in
their practicing career. The areas falling under the jurisdiction of the judicial districts of district
North and North West are divided as per the police stations in each district. Tis Hazari Court
Complex is conveniently located on the main road connecting Inter State Bus Terminal (new
name - Maharana Pratap Inter State Bus Terminus) popularly in short referred to as 'ISBT' and
Burf Khana, old Subzi Mandi Delhi.
The Tis Hazari Court Complex is built in the area measuring 75000 sq. yards up to 5th storey. It
consists of 62 courts and various branches which include one Library, Delhi Legal Aid Services
office of North and North-West District separately, Mediation Centre, One copying agency,
Record Room, Office of Bar Association, Nazarat Branch of North and North-West District
separately, Conference Hall, Administration Branch, Bail Section, RTI Cell, Computer Branch,
CMM Office, Account Branch, ACJ Office and various other branches and Lawyers Chambers.
If you are visiting the court for the first time and you have no idea where to go then instead of
going around and making inquiries, you must visit the Facilitation Cum Information Centre
located just opposite the Gate no. 2 close to the Central Hall of Tis Hazari Court Complex. The
window no. 1 and 20 can provide you answers to all most all your queries including the
following :-
1. Where is the court relating to a particular Police Station located?
2. Where can I file my fresh civil suit or a criminal complainant?
3. Where to go for applying for a certified copy?
4. What is the next date of hearing fixed in a particular case?
If your are a visitor to the Court with some special needs you may note that though the Tis
Hazari Court complex is an old structure but wherever it was possible the ramps have been made
in order to facilitate the entry of the person who may have such disability finding it difficult to
get into the Court rooms. There is also a wheel chair facility for all such visitors #. You can
approach the Facilitation Centre for being provided with a wheel chair to move around in the
Court complex. In case you happen to be a litigant and you feel that it is difficult for you to go to
the upper floors then you can approach the concerned District Judge / Sessions Judge for the
transfer of your case to a Court, which may be located on the ground floor and may be easily
accessible to you and you can be assured of that your request would be considered
sympathetically.
A witness is considered a privileged visitor to the Court. You are entitled to be reimbursed of the
expenses you may have incurred in coming to the Court both in Criminal and Civil cases. In
Criminal Cases in general the expenses are borne by the State if you are State witness. In Civil
Case generally party summoning would pay you. The payment is not made in cash in Court but
by a Voucher signed by a Presiding Officer. You carry this voucher to cashier in the Cash Branch,
at present located in room no.4 on the Ground Floor; he would give you the cash as against the
voucher. The process is rather simple and in case you still have any difficult you can ask for
guidance from the Court staff. You may note the reimbursements made are realistic and are
guided by rules framed for the purpose.
There are two Legal Services Authorities functioning for providing legal aid free of cost, in Tis
Hazari Court Complex, one is for the Central District at Room No. 287 and the other for West
District at Room No. 295. The District Legal Services Authority is also running a active program
for counseling and in proper cases paying the compensation to the rape victims upto Rs. 3 lacs.
There is a vibrant Mediation Centre in Tis Hazari Court Complex at Room No. 325. You may
know that medication is an informal process where the parties resolve their disputes with the
help of a neutral independent mediator. The services of the Mediation Centre are available for
everyone. You can approach the Mediation Centre to settle the disputes both in the cases of
litigations pending before the Court or where though the dispute is brewing but no litigation has
been initiated as yet. In case the settlement is arrived at through mediation pending before the
Court you are even entitled to refund of full court fee which you have filed at the time of
initiating the litigation. Once the matter has been settled through process of mediation you are
saved of the time of going through the process of appeals etc. which generally followed in the
cases which are decided by the Courts The settlements arrived before the mediation are of
binding nature and can be enforced.
Clerks and Clients: Paraprofessional Roles and Cultural Identities in District Courts:
The average Indian lawyer's office is far simpler than that of the humblest of his Western
counterparts nowadays; his need for personal clerical assistance is correspondingly modest. A
lone clerk (munshi) and a part-time typist are the usual staff. The munshi is frequently either a
youth or an old man and typically he has had little more than a year or two of secondary
education. He is a low-level generalist whose duties include domestic errand-running and
message-carrying, besides the more obviously clerical tasks of record-keeping. Like domestic
peons in India, munshis tend to be transient. They move from lawyer to lawyer after a year or
two's service for each master. And they drift in and out of the occupation, between it and others
of equally marginal nature. The insecurity of the job is related both to the tensions that go with
its ambiguous definition and to the less pronounced transience or mobility of the lawyers
themselves. Law training in India, as else- where in Asia, is usually viewed as a step in the
direction of government service. Actual private legal practice is regarded by many (younger
lawyers particularly) as merely incidental and temporary, a form of disguised unemployment.
The leaders of the local bar are, by definition, men with bustling practices. They demand more
clerical or even outright legal competence of their munshis, but they offer them in turn greater
prestige and security. Consequently, the occupational style of the leading munshis is somewhat
more formal than that of the majority of clerks. The leading munshis I knew were too busy and
too discreet to be found very often engaged in casual gossip with clients. I would judge they
performed fewer ancillary or peripheral services for clients than did the munshis of most
lawyers. They come in contact with far more clients, how- ever, so what they did of a
paraprofessional nature may in the long run have been of greater significance. Lawyers often told
me that they refused to handle the payment of the munshiana for their clients. This refusal
seemed to be part of a common attitude about clients' money. Many lawyers say they will not
handle a client's money during a case (other than direct fees), fearing later accusation of
misappropriation. There are, of course, practical as well as moral factors involved: government
office and public banking procedures in the developing nations are usually immensely time-
consuming. From the lawyers' point of view, it makes sense for the client to do much of his own
legwork. The actual settlement of the lawyer's fee is the subject of subtle bargaining (and
sometimes open argument). If the lawyer has kept the munshi ignorant of the fee finally settled
with the client, there may be disagreement be- tween the latter and the munshi over the basis of
the munshi- ana. Munshis also say that lawyers often defraud their clerks of the fee by claiming
that a particular client is a kinsman or from the same village and that no fee is being charged.
Then, the munshis say, the lawyer takes the munshiana. Even when it is known that a reduced fee
has been arranged, the munshi may argue that he is nevertheless entitled to a larger payment.
Conversely, kinsmen and affines, friends and neighbors, do num- ber among those to whom a
lawyer gives free "legal aid." But he does not always feel he should honor the claim made on him
by a client who asserts such a tie. The munshi may then be used informally by the lawyer to put
pressure on someone who really is a kinsman and whom, for that reason, the lawyer feels
diffident about approaching directly concerning fees or necessary expenses in connection with a
case. When seen as part of the legal system, munshis and muk- adma baz are perhaps well
enough characterized as "paraprofessionals" (if this term is taken in the somewhat expanded
sense I have given it here). And a study of these paraprofessionals is of interest for the light it
throws on the profession in whose shadow they occur. Lawyers are sometimes depicted by
sociologists as beneficial intermediaries, working in the interstices of society between the
informal needs of the client and the formal demands of the state bureaucracy (Parsons, 1954).
The paraprofessional functions of the munshi and the mukadma baz serve to expand that
intermediary activity.

Indian Lawyers and Political Modernization:

The small-town advocate, practicing a modem profession in a semi- traditional setting, straddles
two cultures. The values which he shares with all middle-class Indians are neither entirely
modern nor traditional, but are certainly distinct from those of the Indian peasant. The advocate's
social status and style of life are determined by his family back- ground and economic position
as well as by his membership in a distinctive professional group. He is at once a member of
national functional elite and urbanized local elite. To varying degrees lawyers live partly in a
traditional caste society and partly in a Westernized setting of social class. This situation creates
the opportunity for and the limitation on the lawyer as a cultural broker. The majority of
advocates now practicing in the district towns surveyed were from middle-class families and
from middle and higher castes. Perhaps a third of the fathers and brothers were divided among
the categories of lawyers, government officials, or businessmen. Cultivation was the means of
livelihood for a majority of the advocates' fathers, and family income was still often derived
partly from land ownership.

The advocates nearly all had earned B.A. degrees from colleges within the state where they
presently practiced and had their LL.B.'s from the same or another local university. In a few
cases, lawyers also held an M.A. in economics or philosophy and had taught secondary school
before getting the law degree. Two of those interviewed were part-time lecturers in the local law
college. Most advocates had, or expected to, put their sons through college, but not with the aim
of their becoming lawyers. More often medicine, engineering or some scientific-technical subject
leading to a business career was preferred futures for offspring. The cost of education was cited
as a major reason for limiting the size of the family. (Younger men had two to four children,
while older lawyers tended to have much larger families.) Most of the advocates interviewed
were happy to be lawyers and thought they had a bent for this kind of work. A few were
disappointed not to be in another profession. There were generational differences among lawyers
regarding their interpretations of the status and prestige of the law profession, which will be
discussed later. The advocate's day was fairly full. In the hours of the early morning and again in
the evening, he saw clients at an office in his home, often on a veranda, or less frequently at an
office in town which was not in the court buildings. From mid-morning until three or four
o'clock in the afternoon the courts were in session and the advocate remained there keeping track
of the progress of his cases and continuing consultations with his clients. There was time,
however, for talk, the news- paper, cups of tea and cards in the "bar room" attached to every
court house. Here, amidst a disarray of furniture, were the small library and the records of the
local bar council. The atmosphere here was one of geniality, even camaraderie, despite privately
expressed complaints about the keen competition for clients and the sometimes sharp political
differences among lawyers. Outside the bar room it was my impression that advocates associated
mostly with their own families and then with other professionals-advocates, civil servants (but
usually not with judicial officers), doctors, and the more prosperous businessmen of the town.
Even where management of land was a serious, if part-time, occupation, and the advocate
maintained his residence in town.

District lawyers had given little or no thought to the relationship of the law to the social and
economic goals of contemporary India.24 Most accepted as given that the present legal order
was brought to India by the British as an instrument of modern society, and since that is what
India was, or was becoming, no other legal system was imaginable. That court procedures should
be simplified and speeded up, and that court fees should be lower. That the requirements of proof
under the Evidence Act needed modification to suits Indian conditions. But that there could be
some distinctively Hindu legal order closer to the values of Indian culture was nonsense. In his
professional role as well as in his private life, the man who is engaged in the private practice of
law at the district level is not likely to be an active agent of social and political change. By and
large, district advocates are members of India's small but growing middle class and are,
therefore, likely to be the beneficiaries of the present social and economic order. They are a
politically and ideologically heterogeneous group, but the great majorities are not seeking radical
change in their society.

Sociological Practice and Social Change: