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Showing posts with the label Public Interest Litigation (PIL)

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...
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Procedure to File A PIL(Public Interest Litigation)

Procedure to File A PIL(Public Interest Litigation)- PILs can be files either in High Courts or the Supreme Courts of India. One needs to do intensive research before filing a PIL. If there should be an occurrence of filing a PIL concerning several people, it is important and the best course for the petitioner to consult all affected groups. When one choose to file a PIL, he must gather all relevant data and documents to back his case. One can argue in person or appoint an advocate to fight the case. If a person wants to file a PIL in a High Court he can file under Article 226 of the Indian Constitution and if any person wants to file a PIL in Supreme Court he can do it under Article 32 of Indian Constitution yet Article 226 is something recognized from Article 32 of Indian Constitution. Under Article 32 that individual can go to Supreme Court whose only fundamental rights are infringed. One can also approach Supreme Court for infringement of a constitutional right and ...
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Judicial Activism

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There are three organs of the Government this are Legislature, Executive and Judiciary. Judiciary always play a vital role in the matter of several social or any other critical issues. The activeness of judiciary creates confidence and as well as trust among the common people on over all system because there is a thought that the law is controlled by mostly influencial or rich people. Judicial activism is new line light of the present society. Constitutional obligation and as well as social responsibility are prime factor. So correct creativity vizilance and proper vision are extremely necessity. When there is a failure of Government administration or over all system then Learned Supreme Court or High Court make a cognizance of any serious matter (Suo Moto). It may be through the media reports or any other sources. It is like a safeguard. Several problems are checked by this judicial activism like, ban or prohibition of smoking in public places similarly protection against inh...
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When Can a PIL be Filed

PIL (Public Interest Litigation) can be filed only where any "public interest" is affected at large. Because if just a single individual is affected then that is not a ground for filing PIL(Public Interest Litigation). These are a portion of the conceivable areas where a PIL can be filed. 1) Where a manufacturing plant/industry is causing air pollution and individuals nearby are getting affected. 2) Where, in an area/road there are no street lights, causing inconvenience to people. 3) Where some "Banquet Hall" plays a boisterous music, in night causing noise pollution. 4) Where some development organization construction organization is chopping down trees, causing environmental pollution. 5) Where poor individuals, are influenced, in light of Government's arbitrary decision to impose heavy "tax". 6) For guiding the police/jail authorities to take suitable choices concerning jail reforms, for example, isolation of convicts, delay in the trial, p...
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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 ki...
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Public Interest Litigation (PIL)

ORIGIN :-  Roman law,"Actio popularis" which permits anyone in society to initiate an action for public in the court of law.                                       GENERAL MEANING: - PIL is a litigation which a selfless citizen and an organisation having no personal motive of any kind except either compassion for the weak and disabled or deep concern for stopping serious public injury approaches the court either for-----                              1)Enforcement of fundamental rights of those who genuinely do not have adequate means of access to the judicial system. or                       ...
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