There are three levels of courts in India:
The decisions made by the Supreme Court are binding on all courts across the country, forming a crucial part of the judicial system.
In addition to criminal law, the legal system also deals with civil law cases.
Following table signifies the differences between criminal and civil law.
NO | Criminal Law | Civil Law |
1 | Deals with conduct or acts that the law defines as offences. For example. theft; harassing a woman to bring more dowry; murder, | Deals with any harm or injury to rights of individuals, For example; disputes relatinq to sale of land purchase of goods; rent matters; divorce cases. |
2 | It usually begins with the lodging of a First Information Report (FIR) with the police who investigate the crime after which a case is filed in the court. | A petition has to be filed before the relevant court by the affected party only, In a rent matter; either the landlord or tenant can file a case. |
3. | If found guilty; the accused can be sent to jail and also fined | The court gives the specific relief asked for, For instance; in a case between a landlord and a tenant; the court can order the flat to be vacated and pending rent to be paid. |
In theory, all citizens of India can access the courts, meaning everyone has a right to seek justice. The courts are essential for protecting our Fundamental Rights. If someone feels their rights are being infringed, they can take their case to court.
To address this issue, the Supreme Court introduced Public Interest Litigation (PIL) in the early 1980s, aiming to improve access to justice for the general public.
The courts play a vital role in interpreting the Fundamental Rights of citizens.
Nonetheless, there are court decisions that some believe do not favour the average person. For instance, activists focusing on housing rights for the poor argue that recent rulings concerning evictions conflict with earlier decisions. Recent rulings tend to regard slum dwellers as encroachers, while earlier cases, like the 1985 Olga Tellis vs. Bombay Municipal Corporation, aimed to protect the livelihoods of these individuals.
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