What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...

Important Features of PIL(Public Interest Litigation)

Through the mechanism of PIL, the courts seek to protect human rights in the following ways :-

1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty :-

In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activete the courts for their enforcement through PIL.

2) By democratization of access of justice :-

This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or socila action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary Jurisdiction.

3) By fashioning new kinds of reliefs under the court's writ Jurisdiction :-

For example, the court can award interim compensation to the victims of governmental laelessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decesion. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims.

4) By judicial monitoring of state institutions such as jails, woman's protective homes, juvenile homes, mental asylums, and the like :-

Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights.

5) By devising new techniques of fact-finding :-

In most of the cases the court has appointed its own socio-legal commission of inquiry or has deputed its own official for investigation. Sometimes it have taken the help of National Human Rights Commission or Central Bureau of Investigations(CBI) or experts to inquire into human rights violation. This may be called investigative litigation. 

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