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Topic: Public interest litigation


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 [No title]
First, public interest litigation draws from an anti-positivist perspective that questions the inevitable legitimacy of majoritarian outcomes. Judicial intervention in this view may be justified by process-defects in the enactment process that structurally work to exclude or dilute the interests of affected groups.
Public interest litigation does not inevitably bridge the gap: court decrees may go unenforced because of political decision; failure of will; or a kind of slippage between text and action different from that found in the legislative arena.
Public law litigation as a political practice Public interest litigation is not only a form of legal practice; it also constitutes a political practice that affords marginalized groups and interests an entry point into contested issues.
www1.worldbank.org /publicsector/legal/PublicInterestLitigation.doc   (3633 words)

  
 Online edition of Daily News - Features   (Site not responding. Last check: 2007-10-13)
It is a first requirement of public interest litigation that the action must be commenced not for the enforcement of an individual grievance of the petitioner but for a grievance of a group that comprises the public.
The way in which public interest litigation is conducted is in a spirit of corporation and collaboration between the courts and the State.
In all these matters through a series of public interest litigation the Indian Supreme Court assumed a supervisory role and have made directives to be carried out by the several bodies that are statutorily responsible for the welfare and well-being of the child.
www.dailynews.lk /2003/12/03/fea01.html   (2223 words)

  
 Public Interest Litigation (PIL) A Boon or Bane - V.S.VADIVEL
Of late, many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.
The abuse of PIL has become more rampant than its use and genuine causes either receded to the background or began to be viewed with the suspicion generated by spurious causes mooted by privately motivated interests in the disguise of the so-called public interests.
There may be cases where the PIL may affect the right of persons not before the court, and therefore in shaping the relief the court must invariably take into account its impact on those interests and the court must exercise greatest caution and adopt procedure ensuring sufficient notice to all interests likely to be affected.
www.legalserviceindia.com /articles/pil.htm   (1387 words)

  
 Public Interest Litigation
The SCI allowed any bona fide public spirited individual or body to move the Court on behalf of those who were unable to approach the Court directly, due to their inherent constraints, one or the other.
This may appear to be an over—simplification of the conflict of interest that usually exist in Public Law disputes, but the fact remains that in many matters of PIL the Court is able to derive enough materials and assistance from the Government and its officers, including the Law Officers, to achieve justice.
The public spirited person who might write a letter to the Court to initiate an action could not be expected to produce the evidence or the necessary materials which would enable the Court to decide the matter.
www.jurist.law.pitt.edu /world/indiacor2.htm   (1690 words)

  
 Online edition of Daily News - Features   (Site not responding. Last check: 2007-10-13)
Litigation in the traditional sense is limited to assertion of one's private rights and not public rights.
Citing PIL in India, Kanag Iswaran, PC went on to state that the Supreme Court in India devised mechanism to get over the Anglo Saxon jurisprudential hangover of grieved persons and locus standi and made a breakthrough to liberate the rigours of the rules of locus standi.
It is therefore important that public interest litigation be promoted as absolutely essential in a legal system in order to enable groups of marginalised people and communities to raise their voices and advance their claims for rights.
www.dailynews.lk /2003/10/22/fea05.html   (1218 words)

  
 Manas: History and Politics, Social and Political Movements
PUDR asked the Court to recognize that "begar" was far more than compelling someone to work against his or her will, and that work under exploitative and grotesquely humiliating conditions, or work that was not even compensated by prescribed minimum wages, was violative of fundamental rights.
The rule of law does not mean that the protection of the aw must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights.
Thus the court was willing to acknowledge that it had a mandate to advance the rights of the disadvantaged and poor, though this might be at the behest of individuals or groups who themselves claimed no disability.
www.sscnet.ucla.edu /southasia/History/SocialPol/spmove.html   (470 words)

  
 Public interest litigation - Wikipedia, the free encyclopedia
Public interest litigation means litigation for the protection of public interest.
Public interest litigation described on Helplinelaw - The site has detailed pages explaining various aspects of PILs in Indian law.
Right to Food Campaign in India - The site has information about one of the most the most significant PILs on right to food in the world.
en.wikipedia.org /wiki/Public_interest_litigation   (92 words)

  
 PUBLIC INTEREST LITIGATION IN A COMPARATIVE CONTEXT
Being an interest group that exists in Israel is one thing; being a group that affects public policy, however, is quite another.
I specifically focus on three types of Israeli public interest groups: women's groups focusing on gender equality; environmental groups focusing on pollution-prevention; and civil liberties/civil rights groups focusing on the issue of separation of religion and state.
For the sake of scope and manageability, the public interest groups I examine are national (rather than purely local) organizations; they pursue their respective causes at the national levels of power.
wings.buffalo.edu /law/jlsa/resources/public_interest_israel.htm   (8464 words)

  
 Public Interest Litigation   (Site not responding. Last check: 2007-10-13)
The National Consumer Law Center is expanding its litigation capacity and is seeking to hire an attorney with significant experience in class action and/or impact litigation cases.
Litigation is used by the Center to promote the welfare of consumers and to provide relief for poor and distressed consumers.
Litigation is intended to expand the ability of low income consumers to gain access to the justice system and to help meet the chronic and vast unmet legal needs of low income Americans.
www.consumerlaw.org /jobs/litigation.shtml   (305 words)

  
 PIB Press Releases
The guidelines provide, the PIL should not be merely a cloak for attaining private ends of a third party or of the party bringing the petition.
Even when public interest litigation is entertained, the court must be careful to weigh conflicting public interests before intervening.
If the PIL fails, the public must be compensated for the delay in implementation of the project and the cost escalation resulting from such delay on account of the interim order.
pib.nic.in /archieve/lreleng/lyr2002/roct2002/24102002/r241020021.html   (422 words)

  
 EPIC Jobs / IPIOP
IPIOP seeks outstanding law students interested in public interest issues related to the Internet to spend a summer or a semester at the EPIC office in Washington.
Clerks learn about the legislative process, which is the critical opportunity for public interest organizations to make a case directly to lawmakers, to engage in discussion about the details of proposed legislation, and to establish connections with critical committees and decision makers.
If you are generally interested in work in the public interest, visit idealist.org for available job opportunities.
www.epic.org /epic/jobs.html   (941 words)

  
 what is public interest litigation,public interest litigation,public interest litigation in india,public interest ...
Public Interest Litigation (PIL) is a popular term for the cases that are filed before the High Courts and the Supreme Court to enforce not just the right of the person filing the case but -
of the general public, such as environmental issues OR of some person/s who are unable to approach the courts directly, such as bonded labourers, prisoners, children etc.
PIL is generally initiated by filing “writ petitions” (petitions filed directly before the Supreme Court/High Courts to enforce fundamental rights).
www.india4world.com /indian-law/Public-Interest-Litigation.shtml   (114 words)

  
 Powell's Books - Public interest environmental litigation in India, Pakistan, and Bangladesh by Jona. Razzaque
This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan.
In response to the rapid degradation of the environment and the need for efficient environmental management in the three South Asian countries, Razzaque examines the growth and expansion of public interest environmental litigation in India and analyzes the changes that are influencing its development in Bangladesh and Pakistan.
She examines the existing rights and remedies available for environmental protection in the legal systems of the three countries to determine whether such litigation can be developed there and if so whether it should be developed as a tool to protect the environment.
www.powells.com /cgi-bin/biblio?inkey=64-9041122141-0   (277 words)

  
 UNSW Handbook Course - LAWS2185 - Public Interest Litigation - LAWS2185
Public Interest Litigation: Origins and Strategies will examine how to realise human rights and advance social justice through the practice of law.
The course will trace the emergence of the public interest litigation (PIL) movement by reference to the use of law in shaping social policy in America, India and South Africa.
A critical aim of the course is to encourage students to recognise both the value and limitations of public interest litigation and to demonstrate a capacity to devise legal strategies, with reference to case and statute law, to promote issues of social importance.
www.handbook.unsw.edu.au /undergraduate/courses/2005/LAWS2185.html   (264 words)

  
 [No title]   (Site not responding. Last check: 2007-10-13)
From this, public interest litigation provides citizens the opportunity to stand for the public interest and challenge structures of power from within the constitutional framework.
Our adjectival branch of jurisprudence, by in large, deals not with sophisticated litigants but the rural poor, the urban lay and the weaker societal segments for whom law will be an added terror if technical mis-descriptions and deficiencies in drafting pleadings and setting out the cause -title create a secret weapon to non-suit a part.
In public interest litigation the issue of standing is relaxed to allow citizens to approach the court.
www.auburn.edu /~alleykd/envirolitigators/pilorigin.htm   (430 words)

  
 India PIL Indian Public Interest Litigation Law Court
PIL, public law, brahmo samaj of delhi, m.
Colin Gonsalves is a prolific Public Interest litigator and has organised a vast network of grassroots legal activists into "Socio-Legal Documentation Centres" across the countryside for "combat law".
In the greater public interest certain copyrighted material has been used without the permission of the original copyright holder(s) after giving due credit / byline.
www.geocities.com /india_pil   (2096 words)

  
 Indiainfo.com -> News -> India -> PIL is not 'private interest litigation', warns SC   (Site not responding. Last check: 2007-10-13)
New Delhi: Resolving to weed out those who use "attractive brand name of PIL (Public Interest Litigation) "for personal vendetta, the Supreme Court imposed a cost of Rs 10,000 on a petitioner who had questioned the appointment of a judge to the Punjab and Haryana High Court through a PIL without any material.
The PIL, which has now come to occupy an important field in the administration of law should not be "publicity interest litigation" or "private interest litigation" or "politics interest litigation" or the latest trend "praise income litigation", Justice Pasayat, writing for the bench, said.
Realising the devastating effect of "misconceived" PILs in the hands of unscrupulous elements, the Bench said if such petitions were not properly and strictly regulated, it would "deter reasonable or sensible and prudent people even to accept highly sensitive and responsible offices for fear of being brought into disrepute with baseless allegations."
news.indiainfo.com /2004/03/14/1403pil.html   (321 words)

  
 PUBLIC INTEREST LITIGATION
"Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.
PUBLIC INTEREST LITIGATION is not defined in any statute or in any act.
Although, the main and only focus of such litigation is only "Public Interest" there are various areas where a PUBLIC INTEREST LITIGATION can be filed.
www.helplinelaw.com /docs/pub-i-litigation/index.php   (438 words)

  
 how to file a PIL public interest litigation india supreme court
It is also relevant to state here that as the body of this petition includes matters of contempt directly relating to your most Hon’ble Court and, also as a measure of abundant caution, the Petitioner is unsure of the judicial proprieties involved of approaching any subordinate court with such matter.
That The Petitioner after a bare reading of the litigation - Section 124A of the IPC alongwith the explanations thereunto, comprehends "sedition" to essentially be the act or attempt of creating disaffection or hatred or contempt etc. against the lawful Government of India by words or gestures etc. as specified in the section.
It is the personal opinion of the Petitioner herein submitted, that the case of the innocent victims of the Narmada project may have been damaged by the association of these 2 ladies with their cause, probably given the vast chasm in their public statements and their pleadings in court.
geocities.com /bharat_x_law/how2pil.htm   (2323 words)

  
 Newletter Details
In such questions of public, interest, the judges, the government and the advocates themselves become parties to the issue, and it is their bounden duty to assist the court in arriving at the truth.
The judges by and large accept theat we are acting bona fide and have sufficient interest to move the courts for redressing public injury, enforcing public duty, protecting social and collective rights and interests, and vindicating public interest.
In conclusion, we find that PIL transforms the apathetic, selfish, and ignorant citizen from the frog that is slowly boiled to death in a pan of water, to the frog who immediately jumps out of the hot water because he realizes it is hazardous to his life.
www.shehri.org /subpages/newsdetails.htm   (3233 words)

  
 BCLRC Report on Civil Litigation in the Public Interest
This role was extended to cover the funds of public bodies which were deemed to be impressed with a charitable trust so that illegal expenditures of borough funds came to be checked by the Attorney-General.
Div.), where a person who had injured her knee as a result of a public nuisance was held to have sufficient interest to sue for damages.
Smith (1971) 20 D.L.R. (3d) 598 (N.S.S.C.), where because a public road was obstructed, one plaintiff was unable to arrive at his own property and the other lost prospective purchasers of her property and it was held that both had suffered a particular damage distinct from the general inconvenience caused to the public.
www.bcli.org /pages/publications/lrcreports/reports(html)/Lrc46endnotes.html   (5339 words)

  
 Civil Justice Inc. -- Public Interest Litigation
Typically this litigation may be class actions in which the resolution of the dispute in the general public interest.
On occasion the litigation may also involve suits for injunctive action by the government or private interests broadly affecting the public or test suits where the immediate private interest may be small but potential impact is larger for the general public.
Most of the public interest litigation undertaken by Civil Justice has been on behalf of Maryland consumers with legal issues involving mortgage servicing, predatory lending practices, RESPA violations, and other related subject areas.
www.civiljusticenetwork.org /pages/pub_interest.html   (181 words)

  
 rediff.com: Two young men versus the BCCI
Their actions have not only been against the interest of cricket but also against public interest.
It's a paramount necessity to rescue the game of cricket from the hands of persons and organisations which have come to control it and who are misusing their control over the game for self-interest and self-propagation and perpetuation rather than for the development of the game in this country.
The manner in which BCCI and its Member Associations are organized and their process of election of the Office Bearers have enabled businessmen, traders, politicians and lawyers (who have little or no experience or interest in Cricket) to assume control of them and perpetuate their control.
www.rediff.com /sports/2000/apr/25pil.htm   (1512 words)

  
 Public interest litigation
· Litigation conducted by MDAC aims to change the law or how it is applied, in order to remedy and prevent rights abuses against people with mental disability.
Strategic litigation directly challenges the lack of implementation of existing laws.
Further, strategic litigation can challenge legal provisions that do not comply with international law, with the aim of reforming legal norms and practices.
www.mdac.info /priority_areas/public_litigation.htm   (402 words)

  
 Indiainfo.com -> News -> India -> Political ads: SC notice on misuse of public fund   (Site not responding. Last check: 2007-10-13)
New Delhi: The Supreme Court on February 3 issued notice to the Union government on a public interest litigation (PIL) accusing the Centre and state governments of spending Rs 2,000 crore every year on projecting photographs of political leadership in newspapers in the guise of big advertisements for certain ceremonies.
It brought to the court's notice the recent spate of full-page advertisements placed in newspapers by different ministries of the Central as well as state governments with big photographs of politicians in the guise of functions relating to foundation stone laying, inauguration of bridges, railway links and encouraging rural handicrafts.
It said if public participation for an event was to be solicited by any government, the same could be done by announcements through radio and television channels.
news.indiainfo.com /2003/02/03/03adsc.html   (254 words)

  
 public interest litigation,public interest litigation in india,public interest litigation india
public interest litigation,public interest litigation in india,public interest litigation india
Public Interest litigation is a tool that has been devised by the Supreme Court to allow for a speedy and effective implementation of the Fundamental Rights guaranteed by the constitution.
Through PIL's the courts have relaxed rules of procedure allowing individuals and organizations to file cases “In Public Interest” on behalf of
www.india4world.com /indian-law/PIL.shtml   (118 words)

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