जनहित याचिका (Janhit Yachika). by अँड. वि. पु. शिंत्रे (Adv. V. P. Shintre). ISBN: Tags from this library: No tags from this library for this. Title, Meri Janhit Yachika Evam Anya Kahaniyan. Author, Pradeep Shrivastav. Language, Hindi. Year, Binding, PB. Pages, p. ISBN, , Bharat Main Janhit Yachika Aur Manav Adhikar by Aruna Rai, , available at Book Depository with free delivery worldwide.
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Naina Kapoor decided to initiate a PIL to challenge sexual harassment at work place, in this supreme court. Any citizen can file a public case by filing a petition:. Article 32 of the constitution of India is known as ” Right to Constitutional Remedies “. PIL is a rule of law declared by the courts of record. Retrieved from ” yahika The court must be satisfied that the Writ petition fulfils some basic needs for PIL as the letter is addressed by the aggrieved person, public spirited individual and a social action group for the enforcement of legal or Constitutional rights to any person who are not able to approach the court for redress.
This petition was filed by the name of the prisoner, Hussainara Khatoon, hence the yaxhika came to be known as Hussainara Khatoon Vs Janiht of Bihar.
A PIL may be filed against state government, central government, municipal authority not any private party. Government Of India Act The court declared that till the legislature enacted a law consistent with yacbika convention on the Elimination of All Forms of Discrimination Against Women which India was a signatory, the guidelines set out by the court would be enforceable.
The high court dismissed the petition, stating that it was filed at the behest of rival industrial gachika who wanted to promote their products as asbestos substitutes.
The Supreme Court found that the high court decided against the accused with little information about Reddy himself. The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation. Labels Acts Anti Corruption B. Krishna Iyerwas also part of it till his death on 4 December It is a new legal horizon in which court of law can initiate and enforce action to serve and secure significant Public Interest Litigation.
On behalf Of group Of affected peoples. The flexibility of procedure that is a character of PIL has given rise to another set of problems. In such a situation, the court directly accepts the public interest litigation.
Public Interest Litigation (PIL) – “Janhit Yachika”
She faced numerous problems when she attempted to seek justice. Courts may also proceed on the basis of letters written to them, or newspaper reports.
The bench has issued a set yaachika guidelines it wanted all courts in the country to observe when entertaining PILs. Join Us on Facebook. The court shut down numerous industries and allowing them to reopen only after controlled pollution.
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It has also been increasingly felt that PIL is being misused by the people agitating for private grievance in the grab of public interest and seeking publicity rather than espousing public cause. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous litigation by a busy body ” Who Can File Public Interest Litigation?
Article 32 1 says that “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed”.
A writ petition was filed in the Gujarat High Court seeking the closure of asbestos units, stating that the material was harmful to humans.
Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment. Whose rights are effected.
A Public Interest Litigation Janhit Yachika means litigation for the protection of the public interest matters. Bhagwati and Justice V. Such cases may be filed in the public interest when victims lack the capability to commence litigation, or their freedom to petition the court has been encroached. All articles with unsourced statements Articles with unsourced statements from June However, the person or entity filing the petition must prove to the satisfaction of the court that the petition is being filed for the public interest and not as a frivolous litigation for pecuniary gain.
The framers of Indian constitution did not incorporate a strict doctrine of yaxhika of powers but envisaged a system of checks and balances.
The court may proceed suo motuor cases can proceed on the petition of an individual or group. The judgement of the case recognized sexual harassment as a violation of the fundamental constitutional rights of Article 14Article 15 and Article In Miss Veena Sethi v. Join Us on Facebook Powered By gktimes. The credentials, the motive and the objective of the petitioner have to be apparently and patently aboveboard.
In Citizens for Democracy through its President v. A definite attempt was made by it to secure a ban on these janhhit with the ultimate intention of increasing the demand of cast and ductile iron products as they are kanhit of the suitable substitute for asbestos.
It was felt that their interests are undermined by the government. Understanding the Right to Constitutional Remedies: Since the Amar Singh petition was vague, not in conformance with the rules of procedure and contained inconsistencies, the court did not explore his primary grievance infringement of privacy.
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 yachoka in the so-called PILs. In this case, the court passed three landmark judgements and several orders against polluting industries which were more than 50, in the Ganga basin.