PIL Journal
PIL Journal
PIL Journal
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One of the earliest and most significant PIL cases in India was
Hussainara Khatoon v. State of Bihar (1979). This case arose
from a series of articles published in The Indian Express
newspaper, which exposed the appalling conditions of undertrial
prisoners in the state of Bihar. Many prisoners had been
languishing in jail for periods longer than the maximum sentences
for the crimes they were accused of. The Supreme Court
intervened and recognized the right to a speedy trial as a
fundamental right under Article 21 of the Constitution. This case
set a precedent for the use of PIL to address human rights
violations and systemic failures in the criminal justice system.
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4. PIL as a Tool for Social Change
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Despite its many successes, PIL has also faced criticism for being
misused by individuals seeking to bypass normal legal
procedures or pursue personal interests under the guise of public
interest. The ease with which PILs can be filed, combined with the
lower court fees associated with them, has led to a proliferation of
frivolous petitions that clog the judicial system and divert attention
from genuine public interest cases.
Judicial activism and PIL are closely linked in India, with PIL
serving as a tool for the judiciary to actively intervene in matters of
public concern. Through PIL, the courts have expanded their role,
stepping beyond traditional disputes to address broader societal
issues such as environmental protection, human rights, and social
justice. This proactive stance allows the judiciary to enforce
constitutional rights, often stepping in where the government has
failed to act.
8. Conclusion
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### Eligibility for Free Legal Services under the Legal Services
Authorities Act, 1987
5. **Industrial Workmen**:
- Industrial workers who are involved in labor disputes, such as
disputes related to wages, employment conditions, or wrongful
termination, are eligible for free legal aid. This provision ensures
that workers can assert their rights without being hindered by
legal costs.
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### Conclusion
The National Legal Services Authority (NLSA) plays a pivotal role
in ensuring that justice is not limited to those with financial
resources but is accessible to all, particularly the poor and
vulnerable. Through a well-organized network of legal aid
services, Lok Adalats, and awareness campaigns, NLSA works
towards creating an inclusive legal system where marginalized
groups can exercise their rights. By providing free legal services,
the NLSA upholds the constitutional promise of equality and
access to justice for everyone, regardless of their socio-economic
status.
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------------------------------------------------------Q.4) Discuss the
provisions regarding Permanent Lok Adalat. What are the
criticisms raised against Permanent Lok Adalats?
2. **Jurisdiction of PLAs**:
- Under Section 22C, PLAs have jurisdiction over disputes
concerning public utility services, which broadly include essential
services necessary for the public at large, such as electricity,
transportation, banking, and postal services.
- PLAs can entertain cases where the value of the claim does
not exceed **Rs. 1 crore**, ensuring that small and medium
disputes are dealt with quickly and efficiently.
- Importantly, the PLA can take up cases **before** they are
filed in a formal court. Once a dispute is brought to the PLA, the
formal legal process is paused, and the parties are encouraged to
settle the matter through mediation.
3. **Conciliation Process**:
- A major feature of the PLA process is conciliation. Before
passing any award or decision, the PLA attempts to settle the
dispute amicably through mediation and conciliation between the
parties. This allows the parties to maintain control over the
outcome and avoids the adversarial nature of traditional litigation.
- If the parties reach an agreement, the PLA records the
settlement, which is then binding on the parties and enforceable
like a court decree.
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1. **Compulsory Adjudication**:
- One of the primary criticisms of PLAs is that if conciliation fails,
the PLA has the authority to adjudicate the matter and pass a
binding award, even if one party does not agree to the settlement
or outcome. Critics argue that this violates the voluntary nature of
dispute resolution, which is a key feature of traditional Lok
Adalats. In essence, PLAs can impose decisions on unwilling
parties, which makes the process more like traditional litigation
rather than an alternative dispute resolution (ADR) mechanism.
- This compulsory adjudication feature has been criticized for
being coercive, as it removes the voluntary aspect that is
supposed to define Lok Adalats, raising concerns about the
fairness of the process.
5. **Quality of Adjudication**:
- Some critics argue that the quality of adjudication in PLAs may
not always meet the standards of the regular judiciary. While
PLAs are staffed with experienced personnel, including retired
judges, there are concerns that the expedited nature of the
proceedings may result in decisions that are less thorough than
those in formal courts. This is especially problematic in complex
cases that require detailed examination of evidence and legal
arguments.
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### Conclusion
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Q.5) Discuss the role of the Bar Council of India in promoting
legal literacy in India. Suggest measures to improve legal literacy
in India.
4. **Lawyers as Educators**:
The BCI encourages lawyers to take on the role of **legal
educators** in society. Lawyers, being well-versed in the law, are
ideally positioned to teach others about their rights and the legal
system. The BCI organizes and supports programs that
encourage lawyers to hold legal literacy camps in villages, urban
slums, and other marginalized areas. Through direct engagement
with the community, lawyers help bridge the gap between the
legal system and the public.
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### Conclusion