Subjects

Public Interest Litigation

Sampat Jain, Deep and Deep, 2020, Reprint, xvi, 556 p, ISBN : 9788176294152, $70.00 (Includes free airmail shipping)

Public Interest Litigation/Sampat Jain

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: 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. England : 1. Origin. 2. Development of public interest litigation in England. 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 television. 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: I : 1. Adoption of non-adversarial procedure. 2. Liberalisation of Locus Standi. 3. Preliminary objections regarding jurisdiction. II : 1. Invocation of jurisdiction of the court. 2. Regular writ petition. III : 1. Appointment of commissions. IV : 1. 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. Bibliography. Index.

"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." (jacket)

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