Search

This article explores one aspect of India's attempts to address its access to justice dilemma through the establishment of district-level consumer fora. Data points are extracted from 1,400 cases nationwide to piece together a portrait of the input and output of these institutions. The data collected include: win/loss rates; time from filing to decision; presence of attorneys (and their effects on win/loss rates and time from filing to decision); amounts of damages and costs awarded; and types of cases filed. In the end, this sampling of cases, combined with observations and interviews, led to several broad conclusions—that access to justice is increased but not for the marginalized or poor; that the consumer fora are severely underused; and that they are highly localized institutions leaving significant discretion in the hands of forum Presidents to drive the process which greatly varies the effects on access to justice among districts. [ABSTRACT FROM AUTHOR]

This article examines the opportunities and constraints related to legal empowerment of informal construction workers in Tamil Nadu in South India. The article demonstrates that while state-provided welfare schemes are important as an organizing tool for the trade unions, they also contribute to fragmentation of the union movement. Moreover, the article reveals the important role played by trade unions as intermediaries of social protection and consequently their role in the realization of survival and security rights. It is argued that the legal empowerment agenda is vague when it comes to how a balance between flexibility and security in the informal economy can be achieved, and challenges related to the present case are highlighted. The article concludes that changes in the legislative framework, enforcement of legal provisions and an extension of social protection measures are required to achieve substantial legal empowerment of informal construction workers in Tamil Nadu. [ABSTRACT FROM AUTHOR]