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Public Interest Litigation

Public Interest Litigation

          
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About the Book

This is a pioneering work in the field of Public Interest Litigation (PIL). The initiation of judicial activism by some active judges of the Supreme Court in the early eighties has opened new frontiers in the field of human rights. The Supreme Court and High Courts have started giving remedies to the suffering masses by relaxing the rules so as to provide justice to all. In sharp contrast to USA and UK public interest litigation emerged in India for the sake of teaching millions so as to provide easy access to justice. The judiciary is now not indifferent to the deprived and poor people. The judicial activism through PIL helped not only the prisoners, widows and destitutes and children but had encouraged the legislators to make laws in the field of legal aid. The dowry victims and persons belonging to SC and ST also received social justice through PIL. All these topics have been covered in this book. The book also contains an in-depth study of the reforms made through PIL in the areas of administrative inaction and executive defiance so as to protect the helpless masses. It is an extremely researched work and would prove a milestone in the development of PIL through judicial activism. The book also deals with social action litigation and social justice as well as PIL against state. The book has specially covered the aspects of PIL as a means by which justice percolates down to the masses and victims of injustice.

Table of Contents:
Foreword/L.M. Singhvi Preface I. INTRODUCTION : 1. The Cause 2. The Challenge 3. The Movement II. ORIGIN AND DEVELOPMENT OF PUBLIC INTEREST LITIGATION : a. U.S.A. : 1. Origin 2. Development of Public Interest Law in U.S.A 3. The Future of Public Interest Law in U.S.A b. England : 1. Origin 2. Development of Public Interest Litigation in England c. India : 1. Origin of Public Interest Litigation in India 2. Development of Public Interest Litigation in India 3. Institutionalized Machinery for PIL in Supreme Court : Creation of a PIL Cell III. DEVELOPMENT OF CONCEPT AND AREAS OF PUBLIC INTEREST LITIGATION : 1. Development of the Concept 2. Multi-Dimensional Areas Covered by Public Interest Litigation 3. Right to Life : Includes Right to Have Usable Roads 4. Protection of Environment and Ecology 5. Abuse of Political Power 6. Health Hazards 7. Tribal Welfare 8. Child Welfare 9. Rights and Interest of Workmen 10. Custodian Brutalities 11. To Prevent Custodial Violence and Deaths 12. Against Ordinance Rule 13. National Anthem and Religious Freedom 14. Civic Amenities 15. Inhuman Bondage 16. Against Intentional Mud-Slinging on Advocates, Supreme Court and Other Constitutional Institutions 17. Against Exhibition of Films Spreading Superstition, Communal Tension and Violence on Velevision 18. Students' Welfare 19. Preventing Liquor Tragedy 20. Judicial Intervention in Crime Detection and Punishment of Criminals 21. Preservation of Cultural Heritage and Art 22. Starvation Deaths 23. Pension IV. CONCEPT OF JUDICIAL ACTIVISM : 1. The Perspective : Changing Face of Indian Judiciary 2. Judicial Activism : A Potent Instrument for Development of Law 3. Social Justice : Backbone of Our Constitution 4. Emergence of New Rights : Sole Creation of Judicial Activism 5. Protection of Other Rights 6. Limitation of Judicial System V. PROCEDURE IN PUBLIC INTEREST LITIGATION : 1. i. Adoption of Non-Adversarial Procedure ii. Liberalisation of Locus Standi iii. Preliminary Objections Regarding Jurisdiction 2. i. Invocation of Jurisdiction of the Court ii. Regular Writ Petition 3. i. Appointment of Commissions 4. i. Directions of the court VI. PUBLIC INTEREST LITIGATION AND JUDICIAL ACTIVISM : REMEDIES AND RELIEFS : 1. What is the Remedy? 2. Limitation of PIL and Judicial Activism 3. PIL a Revolutionary Development or Reforming One? VII. SOCIAL ACTION LITIGATION AND SOCIAL JUSTICE : 1. Social Justice 2. Social Action Litigation 3. Areas of Social Justice Through Social Action Litigation VIII. PUBLIC INTEREST LITIGATION AGAINST THE STATE : 1. New Dimensions of State Liability 2. Different Dimensions of PIL against Governmental Lawlessness, Executive Inaction, Administrative Defiance and State Oppression 3. Divergent Duties of the State 4. Remedies Provided Against State IX. CONCLUSIONS AND SUGGESTIONS


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Product Details
  • ISBN-13: 9788176294157
  • Publisher: Deep & Deep Publications
  • Publisher Imprint: Regal Publications
  • Edition: 1
  • No of Pages: 570
  • ISBN-10: 8176294152
  • Publisher Date: 2003
  • Binding: Hardcover
  • Language: English

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