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only the aggrieved party could approach the courts for justice. However. . the apex court decided to reach out to the people and hence it devised an innovative way wherein a person or a civil society group could approach the supreme court seeking legal remedies in cases where public interest is at stake.Prior to the 1980s. post 1980s and after the emergency era.
ignorant or in socially / economically disadvantaged position. in that it is not filed by one private person against another for the enforcement of a personal right. It has the effect of making judicial process little more democratic. The presence of 'public interest' is important to file a PIL. Public Interest Litigation (PIL) was started to protect the fundamental rights of people who are poor. . It is different from ordinary litigation.
A PIL can be filed when the following conditions are fulfilled: There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority. It must not be frivolous litigation by persons having vested interests. ignorant and whose fundamental and constitutional rights have been infringed. . It is for the enforcement of basic human rights of weaker sections of the community who are downtrodden.
He is not a mere busy body or a meddlesome interloper. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate.A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. Any person can file a PIL provided: He is a member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury. His action is not motivated by personal gain or any other oblique consideration .
SC has treated even letters addressed to the court as PIL. opposite party.e. five) sets of petition have to be filed. Procedure in High Court: A PIL is filed in a High court. and then two copies of the petition have to be filed.e. and this proof of service has to be affixed on the petition. Procedure In Supreme Court: If a PIL is filed in the Supreme Court. an advance copy of the petition has to be served on the each respondent.A PIL may be filed like a written petition. then (four + one) (i. i. The opposite party is served the copy only when notice is issued . Also.
C Mehta V.(1996)5 SCC281 . In the case of M. Union Of India . Union of India (1988)1 SCC 471 Council For Environment Legal Action V.
ecofriends.org .seacology. help protect the natural riches of our planet and promote balance within communities by helping those most in need. far from the public eye.environmentevents.All over the world. thousands of small NGOs.org/ SEACOLOGY http://www. Eco Friends http://www.org Indian Environmental Society (IES) http://www.
professional associations. environmental protection groups. research institutes dealing with international affairs and associations of parliamentarians are considered NGOs. foundations. development and human rights associations. Defining NGOs: What the UN Says • Thus. cooperative associations. religious organisations. trade unions. women’s and youth groups.• a non-profit citizens’ voluntary entity organized nationally or internationally. .
having a social purpose • Governments rely on authority to achieve outcomes . voluntary organizations serving a social purpose • The book primarily features NGO programs (though also some government and for-profit activities) • NGOs are formal organizations within the citizen sector (or civil society).NGOs are private.
or political development • NGOs are the equally important third leg of the stool on which development and poverty reduction rests • NGOs are steadily growing in prominence . civil society actors utilize independent voluntary efforts to promote their values and aspects of social. economic.• Private sector firms rely on market mechanisms to provide incentives for mutually beneficial exchange • In contrast.
Who Are They? Working Definition: • Non-profit organizations or associations of private citizens with any common interest • The common interest. for our purposes. is international humanitarian assistance activities (development and relief) • May be international or local 15 .
What do They Do? • Operational vs Advocacy • Willing to work in high risk areas. not constrained by sovereignty • Emphasis on sustainability • Full integration with local population • Good positioning for disaster response 16 .
Who Pays Them? • Funding Sources – Private Donations (citizens and foundations) – International Organizations (UN) – National Governments – Importance of Media 17 .
NGOs in Intergovernmental Processes 4 important functions: • Setting agendas • Negotiating outcomes • Conferring legitimacy • Implementing solutions .
They are defined by the UN as ‘non-profit citizens’ voluntary entities organized nationally or internationally. including: . Different agencies of the UN have their own accreditation arrangements (see Module Seven).’ • A range of other terms are used almost interchangeably. particularly ‘stakeholders’. • NGOs have been involved in the UN since its inception. new issues and expert advice to intergovernmental negotiations and can play different roles. the rate of involvement has grown exponentially.Summary • Terminology around NGOs varies. ‘civil society’ and ‘major groups’. • NGOs bring knowledge and information.