Public Interest Litigation (PIL), Lecture notes of Law

Download Public Interest Litigation (PIL) and more Lecture notes Law in PDF only on Docsity! COURSE 2 : UNIT 1: Public Interest Litigation (PIL) And Advocacy 1. INTRODUCTION This sub unit gives a detailed description about the evolution and development og Public Interest Litigation (PIL) in India. This sub unit covers the meaning and concept of PIL, followed by the evolution, growth and development of PIL, types of PIL and finally the overview of the landmark judgments which has led to the development of PIL. This sub unit gives a detailed description about the evolution and development og Public Interest Litigation (PIL) in India. This sub unit covers the meaning and concept of PIL, followed by the evolution, growth and development of PIL, types of PIL and finally the overview of the landmark judgments which has led to the development of PIL. Since amendment of the law is a time-consuming process, the burden falls on the judiciary to mould the law to ensure its relevance in a changing scenario. These days the judiciary is the deciding authority in various fronts. There are some who believe that the wide jurisdiction exercised by the courts in matters of public interest transgresses the traditional doctrine of separation of powers. They hold the view that the role of a judge is only to interpret and declare the law and not make it. One of the possible reasons why there is this conception about the role of the judiciary was highlighted by Justice Michel Kirby from Australia, thus: “Simply put, judicial activism depicts the pro-active role played by the judiciary in ensuring that rights and liberties of citizens are protected. Through judicial activism, the court moves beyond its normal role of a mere adjudicator of disputes and becomes a player in the system of the country, laying down principles and guidelines that the executive must carry out. In performing its activist role the court is required to display fine balancing skills. While protecting the fundamental human rights of the people, the judiciary must take care to ensure that its orders are capable of execution, for no amount of judicial activism is useful if its orders are incapable of execution; they then remain “paper tigers” only.” The concept of PIL which has been and is being fostered by judicial activism has been an increasingly important one setting up valuables and respectable records, especially in the erena of constitutional and legal treatment for “unrepresentative and under-represented” . judicial activism necessary to make the ideals enshrinedin the constitution meaningful and reality. 2. OBJECTIVES The main purpose of the sub unit is to highlight the importance of PIL in India in protecting and promoting the interests of the marginalized and weaker sections of the society. PIL is a legal weapon, a strong judicial tool by which the justice is administered in a quick and effective way. After going through this Unit you will be able to  understand the concept of judicial activism and its implications  study various landmark judgments pertaining to PIL  compare different views of courts in different judgments 3. CONTENTS 3.1 MEANING AND CONCEPT OF PIL  "Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest" (nebulous entity), such as pollution, Terrorism, Road safety, constructional hazards etc.  Article 32 of the Indian Constitution contains the tool which directly joins the public with the judiciary. Public Interest Litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. courts were pertaining to enforcement of fundamental rights of marginalized and deprived sections of the society. This can be termed as the first phase of the public interest litigation in India. The scenario gradually changed when the post emergency Supreme Court tackled the problem of access to justice by people through radical changes and alterations made in the requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N Bhagwati and Justice V R Krishna Iyer were instrumental of this juristic revolution of eighties to convert the Apex Court of India into a Supreme Court for all Indians. Justice V. R. Krishna Iyer and P. N. Bhagwati recognised the possibility of providing access to justice to the poor and the exploited people by relaxing the rules of standing. In the post-emergency period when the political situations had changed, investigative journalism also began to expose gory scenes of governmental lawlessness, repression, custodial violence, drawing attention of lawyers, judges, and social activists. PIL emerged as a result of an informal nexus of pro-active judges, media persons and social activists. This trend shows starke difference between the traditional justice delivery system and the modern informal justice system where the judiciary is performing administrative judicial role. PIL is necessary rejection of laissez faire notions of traditional jurisprudence. The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners. In HussainaraKhatoon v. State of Bihar, the PIL was filed by an advocate on the basis of the news item published in the Indian Express, highlighting the plight of thousands of undertrial prisoners languishing in various jails in Bihar. These proceeding led to the release of more than 40,000 undertrial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases. B. DEVELOPMENT OF PIL A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta v. Union of India. In this case it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts or the Supreme Court seeking redressal against violation of a legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court. By this judgment PIL became a potent weapon for the enforcement of “public duties” where executed in action or misdeed resulted in public injury. And as a result any citizen of India or any consumer groups or social action groups can now approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of public are at stake. It can be evidently seen that the development of public interest litigation has been extremely significant development in the history of the Indian jurisprudence. The decisions of the Supreme Court in the 1970's loosened the strict locus standi requirements to permit filing of petitions on behalf of marginalized and deprived sections of the society by public spirited individuals, institutions and/or bodies. The higher Courts exercised wide powers given to them under Articles 32 and 226 of the Constitution. The sort of remedies sought from the courts in the public interest litigation goes beyond award of remedies to the affected individuals and groups. In suitable cases, the courts have also given guidelines and directions. The courts have monitored implementation of legislation and even formulated guidelines in absence of legislation. 3.3. TYPES OF PIL Subjects of Public Interest Litigation: Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the people who are poor, weak, ignorant of legal redressal system or otherwise in a disadvantageous position, due to their social or economic background. Such litigation can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature. It is necessary that the petition is not filed for personal gain or private motive or for other extraneous consideration and is filed bona fide in public interest. The following are the subjects which may be litigated under the head of Public Interest Litigation: The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure enforcement of such 3.4 MERITS & DE-MERITS Merits: 1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this. 2. 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. Demerits: 1. 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. 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 obtained in the so-called PILs. 2. The framers of Indian constitution did not incorporate a strict doctrine of separation of powers but envisaged a system of checks and balances. Policy making and implementation of policy are conventionally regarding as the exclusive domain of the executive and the legislature. Vishaka v State of Rajasthan which was a PIL concerning sexual harassment of women at work place. The court declared that till the legislature enacted a law consistent with the 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. 3. The flexibility of procedure that is a character of PIL has given rise to another set of problems. It gives an opportunity to opposite parties to ascertain the precise allegation and respond specific issues. 4. The credibility of PIL process is now adversely affected by the criticism that the judiciary is overstepping the boundaries pf its jurisdiction and that it is unable to supervise the effective implementation of its orders. 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. 3.5 HOW TO FILE A PIL? A "Public Interest Litigation", is filed in the same manner, as a writ petition is filed. In High Court: If a Public Interest Litigation is filed in a High court, then two (2) copies of the petition have to be filed. Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition. In Supreme Court: If a Public Interest Litigation is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of petition has to be filed opposite party is served, the copy only when notice is issued. Court Fees: A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS. 50)has to be affixed on the petition. Procedure  Proceedings, in the PUBLIC INTEREST LITIGATION commence and carry on in the same manner, as other cases.  However, in between the proceedings if the judge feels he may appoint a commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc.  After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision. 3.6 OVERVIEW OF LANDMARK JUDGMENTS 1. Peoples Union for Democratic Rights v. Union of India (A.I.R.. 1982, S C 1473). The court now permits Public Interest Litigation or Social Interest Litigation at the instance of “Public spirited citizens" for the enforcement of constitutional & legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach court for relief. Public interest litigation is a part of the process of participate justice and standing in civil litigation of that pattern must have liberal reception at the judicial door steps. 2. In the Judges Transfer Case - AIR 1982, SC 149: Court held Public Interest Litigation can be filed by any member of public having sufficient interest for public injury arising from violation of legal rights so as to get judicial redress. This is absolutely necessary for maintaining Rule of law and accelerating the balance between law and justice. Consent forms not read out or explained. Only three of the 11 mandatory preliminary physical examinations were conducted on the women prior to the procedure.1/3 of insurance claims from sterilization failures came from Rajasthan – less than 1/3 of the claims had been paid. 9. Shyamsunder&Ors. Vs Govt of NCT of Delhi &Ors., WP (c) 6967/201311 NOVEMBER 2013, NEW DELHI In August 2013 the late Kamlesh went to Sanjay Gandhi Memorial Hospital (SGMH) for delivery. During her pregnancy, Kamlesh went for regular antenatal check-ups. However, she did not have the assistance of a field level health worker (ASHA) or access to government benefit schemes for pregnant women. Although Kamlesh had recorded mild to severe anemia during her pregnancy, health workers at SGMH never flagged this risk factor for dangerous deliveries. Kamlesh delivered a healthy baby boy on 6 th August 2013. After 2.5 hours of delivery the hospital staff told the family that Kamlesh had developed an infection that caused post-partum hemorrhage. The hospital had to perform a hysterectomy (uterus removal) to stop the bleeding. After her operation, the hospital staff refused to touch Kamlesh. They forced her family members to clean Kamlesh‟s body, to change her sanitary pads, and to dispose of the medical waste leaking from her wounds. 4 CHECK YOUR PROGRESS Q1 What are the four types of writs which can be invoked under Article 32 of the Constitution of India? ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………….. Q2. Name two landmark judgments and their relevance in development of PIL in India? ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………….. Q3. What do you understand by the term PIL and what section of the society does it majorly benefit? ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… …………………………………………………….. 5 SUMMARY Thus Public Interest Litigation is and effective tool which connects the judiciary with the public. By efficient and effective administration of justice to the public at large which has been of great assistance to the weaker and marginalised sections of the society facing hassles in the long and complicated process of litigation. Public interest litigation is a revolutionary stream which helps the common man to reach the remedy which is beneficial for public at large which was not earlier available to them even before actual damage is done. Public interest litigation has opened the new window of thought. We should thank our judiciary who have coined this new concept which is very useful for public at large because there are many examples present with us which shows that it really helped the common person in field of pollution, environment, bonded labour, scams corruption etc . By filing the Public Interest Litigation one can assure the justice to the aggrieved people. "The positive energy has to flow from all nations to each other. Only then, we can protect; we can preserve; we can think; we can be the same citizens. We can be a peaceful citizen of the world.":-From the Film The World is On Fire. 6 ANSWERS 7 REFERENCES determine. To ensure the fulfilment of this right, the Right to Children to Free and Compulsory Education (RTE) has been enacted. 3.3.2. The right guaranteed under RTE Act is the right:  Of every child between the ages of 6 to 14  To free and compulsory education  In a neighbourhood school  Till completion of elementary education 3.3.3. The government cannot deny any child‟s fundamental right of to education on the pretext of not having sufficient funds. The RTE Act lays down specific responsibilities of the central government, state government, local authority, schools and teachers in guaranteeing this right. 3.3.4 DUTIES OF THE APPROPRIATE GOVERNMENT, LOCAL AUTHORITIES AND PARENTS Central Government:  Prepare estimates of expenditure  Develop and enforce standards for training of teachers HIGHLIGHTING PROVISIONS OF RTE ACT  ADEQUATE UMBER OF SCHOOLS  SAFE AND SECURE ENVIRONMENT  FREEDOM FROM HARASSMENT IN SCHOOLS  NON-DISCRIMINATION IN SCHOOLS  NO DENIAL OF ADMISSION IN SCHOOL  GOOD QUALITY EDUCATION  REGULAR CLASSES TAKEN BY THE QUALIFIED TEACHERS  ACCESS TO TEXT BOOK AND UNIFORMS FREE OF COST  Prepare schemes for teacher training  Deciding a framework of national curriculum Central government and state government (depending upon who is the appropriate government) depending upon the location and are of control:  Ensure compulsory admission  Attendance and completion of elementary education by every child  Establish sufficient schools  Ensure that no child has to suffer discrimination or abuse  Provide infrastructure such as school building Local Authorities:  Ensure availability of neighbourhood schools  Ensure non-discrimination of children  Provide infrastructure (eg: school building, teacher staff, learning material)  Ensure admission to children from migrated families  Monitor completion of elementary education by every child residing within its jurisdiction 3.3.5 RESPONSIBILITY OF SCHOOLS AND TEACHERS SCHOOLS:  No taking of capitation fees  Cannot refuse admission for lack of proof of age  Form a school management committee (SMC)  Make all record available for inspection by the government and SMC TEACHERS:  Attend school regularly and on time  Complete the course within the specified time  Assess the learning ability of each child and give extra classes to children who need help  Not discriminate against any child  Not give private tuition or indulge in any private teaching activity 3.4 NATIONAL FOOD SECURITY ACT-AN OVERVIEW 3.4.1 INTRODUCTION  The Indian National Food Security Act, 2013 was signed into law September 12, 2013, retroactive to July 5, 2013. This law aims to provide subsidized food grains to approximately two thirds of India's 1.2 billion people. Under the provisions of the bill, beneficiaries are to be able to purchase 5 kilograms per eligible person per month of cereals at the following prices: 1. rice at ₹3 (5.0¢ US) per kg 2. wheat at ₹2 (3.3¢ US) per kg 3. coarse grains (millet) at ₹1 (1.7¢ US) per kg.  Pregnant women, lactating mothers, and certain categories of children are eligible for daily free meals. The bill has been highly controversial. It was introduced into India's parliament in December 2012, promulgated as a presidential ordinance on July 5, 2013, and enacted into law in August 2013. 3.4.2 SALIENT FEATURES o 75% rural and 50% of the urban population are entitled for three years from enactment to five kg food grains per month at ₹3 (5.0¢ US), ₹2 (3.3¢ US), ₹1 (1.7¢ US) per kg for rice, wheat and coarse grains (millet), respectively; o The states are responsible for determining eligibility; o Pregnant women and lactating mothers are entitled to a nutritious "take home ration" of 600 Calories and a maternity benefit of at least Rs 6,000 for six months; o Children 6 months to 14 years of age are to receive free hot meals or "take home rations"; o The central government will provide funds to states in case of short supplies of food grains; (a) The Sale of Goods Act, 1930 (b) The Agriculture Produce (Grading and Marketing) Act, 1937 (c) The Drugs and Cosmetics Act, 1948 (d) The Drugs Control Act, 1950 (e) The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1953 (f) The Prevention of Food Adulteration Act, 1954 (g) The Essential Commodities Act, 1953 (h) The Standard of Weights and Measures Act, 1956 (i) The Trade and Merchandise Marks Act, 1958 (j) The Monopolies and Restrictive Trade Practices Act, 1969 (k) The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodi-ties Act, 1980. (l) The Consumer Protection Act, 1986 (m) The Indian Patents and Designs Act (n) The Household Electrical Appliances (Quality control) Order, 1976. 3.6 REDRESSAL MECHANISMS FOR CONSUMER PROTECTION ACT 3.6.1 INTRODUCTION  This chapter comprises four sections i.e. National Commission, State Commission, District Forum and Consumer Protection Councils. Dispute Redressal Agencies have been established under Consumer Protection Act-1986  Their composition, jurisdiction, procedure of redressal, power, sitting, and orders including penalties have been discussed separately. 3.6.2 CONSUMER DISPUTE REDRESSAL AGENCIES  Consumer Forums have been established across country at the different levels with view to provide speedy, less expensive and simple (hassle-free) dispute redressal to the consumers.  For achieving the objectives, section 9 of the Consumer Protection Act provides three tier dispute redressal agencies. All these following agencies are quasi- judicial in terms of nature and power:  A „National Consumer Dispute Redressal Commission‟ established by Central Government by the notification. This Court is known as “National Commission”.  A „State Consumer Dispute Redressal Commission‟ established by State Government with prior approval of the Central Government, by notification. And this Court is known as “State Commission”.  A Consumer Dispute Redressal Forum established by the State Government in each district of the State by notification. And this Court is known is „District Forum‟. I. NATIONAL COMMISSION: The National Commission was established at the top of the hierarchy of three redressal Forums, it is considered as an apex court; because it oversees the functioning of State Commissions and District Forums also. II. STATE COMMISSION: According to section 16 of CPA, State Commission has been established at the State level and State Commission is next, after District Forum in the hierarchy of Consumer Dispute Redressal Forums under the Act. There are 35 State Commissions at present in India. III. DITRICT FORUM: A District forum is a place in a district where Complainant can lodge a complaint if he or she is cheated or misguided or deceived by any service provider or trader. District Forum is the lowest Consumer Court in the hierarchy of three redressal Forums and under section 10 of CPA, there is a provision to constitute at least a District Forum in each and every district of the country. At present, there are 629 District Forums across the country. 3.7 HUMAN RIGHTS 3.7.1 INTRODUCTION Human rights are those rights, which are inherent in individual‟s nature and without which one cannot live as human being. Human rights in India is an issue complicated by the country's large  You should mention the name, age, gender, religion, address of the victim and the name of the district and state where the incident took place, other details and the date of the incident.  You may file an online complaint at http://164.100.51.57/HRComplaint/pub/NewHRComplaint.aspx 3.8 PCPNDT ACT: THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) ACT, 1994 3.8.1 INTRODUCTION An act to provide for the prohibition of sex selection, before or after conception and for regulation of prenatal diagnostic techniques for the purpose of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex- linked disorders and for the prevention of their misuse for sex determination leading to female feticide and for matters connected therewith or incidental. 3.8.2 ENACTMENT Passed in the Parliament in the Forty-fifth Year of the Republic of INDIA now it stands as THE PRE-CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994 (57 of 1994). 3.8.3 PURPOSE Misuse of modern diagnostic facilities like ulta-sonography, amniocentesis, chorionic villi examination etc for the purpose of female feticide which is against the female sex and affects the dignity and status of women, dowry, Men Dominated Society, Son preference, Pind-Daan etc related matters were raised by the organizations working for the welfare and uplift of women therefore it was necessary to bring a legislation to regulate use of diagnostic techniques and to provided punishment to stop the misuse of diagnostic techniques. It also prohibits advertisement of PNDT for detection & determination of sex. Permission & regulation of the use of PNDT for the purpose of detection of specific genetic abnormalities or disorders etc. Only to registered centre under this act. 3.8.4 SALIENT FEATURES Offences under this act include conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection on a man or woman, conducting PND test for any purpose other than the one mentioned in the act, sale, distribution, supply, renting etc. of any ultra sound machine or any other equipment capable of detecting sex of the foetus. Main provisions in the act are 1. The Act provides for the prohibition of sex selection, before or after conception. 2. It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect :  genetic abnormalities  metabolic disorders  chromosomal abnormalities  certain congenital malformations  haemoglobinopathies  sex linked disorders. 3. No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus. 4. No person, including the one who is conducting the procedure as per the law, will communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method. 5. Any person who puts an advertisement for pre-natal and pre-conception sex determination facilities in the form of a notice, circular, label, wrapper or any document, or advertises through interior or other media in electronic or print form or engages in any visible representation made by means of hoarding, wall painting, signal, light, sound,smoke or gas, can be imprisoned for up to three years and fined Rs. 10,000. 3.9 PREVENTION OF DOMESTIV VIOLENCE ACT 2005 3.9.1 OVERVIEW The annals of history for time without number, expressed that India Women are the most controversial demigod in the Society. In India this Domestic Violence, happened to be a great concern, which is present in one form or other across India in every strata of the society especially within the family. The criminal administration system has been found to be not sufficient to cater to the vacuum created by such Domestic Violence. In this backdrop the Parliament enacted this act keeping in view the rights guaranteed under Article 14,15& 21 of the Constitution. 3.9.2 ACT COVERS WHOM  Those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household  Those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under this Act 3.9.3 WHAT AMOUNTS TO DOMESTIC VIOLENCE As per Section 3 of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it: 2. Commission of offences only by specified persons (atrocities can be committed only by non-SCs and non-STs on members of the SC or ST communities. Crimes among SCs and STs or between STs and SCs do not come under the purview of this Act). 3. Defines various types of atrocities against SCs/STs (Section 3(1)i to xv and 3(2)i to vii). 4. Prescribes stringent punishment for such atrocities (Section 3(1)i to xv and 3(2)i to vii). 5. Enhanced punishment for some offences (Section 3(2)i to vii, 5). 6. Enhanced minimum punishment for public servants (Section 3(2)vii). 7. Punishment for neglect of duties by a public servant(Section 4). 8. Attachment and forfeiture of property (Section 7). 9. Externment of potential offenders (Section 10(1), 10(3), 10(3)). 10. Creation of Special Courts (Section 14). 11. Appointment of Special Public Prosecutors (Section 15). 12. Empowers the government to impose collective fines (Section 16). 13. Cancellation of arms licences in the areas identified where an atrocity may take place or has taken place (Rule 3iii) and seize all illegal fire arms (Rule 3iv). 14. Grant arms licences to SCs and STs (Rule 3v). 15. Denial of anticipatory bail (Section 18). 16. Denial of probation to convict (Section 19). 17. Provides compensation, relief and rehabilitation for victims of atrocities or their legal heirs (Section 17(3), 21(2)iii, Rule 11, 12(4)). 18. Identification of atrocity prone areas (Section 17(1), 21(2)vii, Rule 3(1)). 19. Setting up deterrents to avoid committing of atrocities on the SCs amongst others (Rule 3i to 3xi). 20. Setting up a mandatory, periodic monitoring system at different levels (Section 21(2)v): 4. CHECK YOUR PROGRESS Q1 Write any three DUTIES of the state government under RTE? …………………………………………………………………………. ……………………………………………………………………………… ……………………………………………………………………… Q2 Rubina is about 10 years old and lives in a slum in Indore with her parents and baby brother. Her father is a carpenter and her mother a domestic worker. Rubina has never been to school. Does she has a Right to Education? …………………………………………………………………………………. Q3 Name the three agencies of Redressal mechanisms for consumer protection? .......................................................................... .............................................................................. ............................................................................... Q4. List three salient features of National Food Security Act: .................................................................................... .................................................................................... ..................................................................................... 6. SUMMARY Henceforth, the Acts above are a strong legislative tool, which provides a practical regime for ensuring free and compulsory education by laying provisions for responsibilities with the state government, central government, local authorities, schools, teachers and parents to fulfil the fundamental right. 7. ANSWERS 8. REFERENCES/FURTHER READINGS COURSE 2 : UNIT 3: Statutory Commission 1. INTRODUCTION  This sub unit covers the establishment and role of various statutory bodies in the form of commissions by the Government for the protection and promotion of rights certain sections of the society such as children, scheduled castes, scheduled tribes, minorities, backward castes.  A commission is a special group delegated to consider some matter, for instance, a commission of inquiry. Or A duty or task committed to a person or group to perform 2. OBJECTIVE The objective of the sub unit is to ensure that the students acquire the role of these commissions in the protection and promotion of the rights of the sections which they particularly serve. Henceforth, this sub unit hereby explains the establishment, functioning, powers, salient features and procedure of filing a complaint by the aggrieved persons in that commission. 3. CONTENTS 3.1 National Commission for Child Rights and Procedure of filing Child Rights Complaints 3.1.1 OVERVIEW  Constituted as a Statutory Body in March 2007 by the Government of India under Section 3 of the Commissions for Protection of Child Rights Act, 2005 (CPCR Act)  Performs the functions assigned to it under Section 13 and to exercise the powers as vested with it under Section 14 and 15 of the said Act for protection of child rights and to deal with related matters. 3.1.2 LEGAL FRAMEWORK NATIONAL Complaints may be addressed to: Chairperson National Commission for Protection of Child Rights, New Delhi 3.2 NATIONAL COMMISSION FOR WOMEN AND PROCEDURE FOR FILING COMPLAINTS 3.2.1 INTRODUCTION The National Commission for Women (NCW) is a statutory body for women, set up in 1992, by Government of India, under specific provisions, National Commission for Women Act, 1990, of the view to protect, promote and safeguard the interests and rights of women. The present head of the Commission is Girija Vyas. 3.2.2 FUNCTIONS OF THE COMMISSION The functions of the Commission as enumerated under Section 10 of the National Commission for Women Act, 1990 are as follows: 1) Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws; 2) Present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; 3) Make in such reports& recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any State; 4) Review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations; 5) Take up the cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities; 3.2.3 ACTIVITIES OF THE COMMISSION 1. THE COMPLAINTS AND INVESTIGATION CELL: It is the core unit of the Commission. It processes complaints received by the Commission orally, in writing or suomoto on the basis of newspaper reports under Section 10 of the NCW Act.During the period April, 2003 to March, 2004 the Commission processed 5462 complaints relating to domestic violence, dowry, torture, rape, sexual harassment at work place etc.  Specific cases of police apathy were taken up with senior police authorities for investigations and the progress of the investigation were monitored at periodic intervals;  Family disputes were resolved through counselling ;  For serious cases, Inquiry Committees were set up by the Commission, and their recommendations monitored for their implementation on a regular basis  The Recommendations of the Inquiry Committees covered disciplinary action against erring government personnel, payment of compensation, counselling of victims, action against management of hospitals, etc. 2. PUBLIC HEARINGS OF THE COMMISSION  Impact of Globalisation, Mechanisation and Liberalizations on women workers in the informal sector;  Women Bamboo Workers in Malyatorr, Kerala;  Problems of Share Croppers and rope makers at Patna;  Crimes against women in Uttar Pradesh, West Bengal, Kerala, Orissa, Tamilnadu and Jharkhand ;  Problems of Muslim Women in Maharashtra and Rajasthan;  Problems of Beedi and Cigar Workers at Ahmedabad, Thirunalvela and Sagar;  Problems of Construction Workers at Jaipur, Delhi, Mumbai, Patna and Bangalore 3. PUBLICATIONS:  The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.  They have actively published about and campaigned regarding dowry equal representation for women in jobs, politics, religion and the exploitation of women for labour.  They have also talked about police abuses against women. The commission regularly brings out a monthly newsletter, "RashtraMahila" in Hindi and English. CASE: JAYASHREE MANE CASE Colleague for using RTI, continues to be in limbo as the department has yet to admit the FIR. Taking a serious note of the incident the National Commission for Women has ordered an enquiry into the matter. It is distressing and agonising to note that even when a member of the law enforcing outfit, in this case, Jayashree Mane – a constable working in Pune Police not only finds it difficult to lodge a first information report (FIR) but even the Pune Police Commissioner, who is the law enforcing authority, does not seems to take the matter seriously. IMPORTANT COURT INTERVENTIONS The National Commission for Women can and it has intervened in some important court matters. 1.BHATERI GANG RAPE CASE ( RAJASTHAN ) 6. to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Castes as the President may, subject to the provisions of any law made by Parliament, by the rule specify.  Clause (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may by rule, determine;  Clause (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Castes. 3.3.3 FILING A COMPLAINT A. Inquiry into specific complaints The Commission is required to inquire into specific complaints with respect to the deprivation of rights and safeguards of Scheduled Tribes. In order to enable the Commission to perform this function effectively and efficiently, the Commission would like the members of Scheduled Tribes to know that it will be helpful to inquire into their grievances if they substantiate their complaints with supporting documents and quote the relevant provisions of the Act or Rules directions which have been violated. B. The following aspects are required to be kept in mind while filing complaints before the Commission.  The complaint should be directly addressed to the Chairperson/Vice- Chairperson/Secretary, National Commission for Scheduled Tribes, New Delhi or the heads of its State Offices.  The complaints should disclose his full identity and give his full address and should sign the representation.  Complaints should be legibly written or typed and, where necessary, supported by authenticated documents.  No action will be taken on matters which are subjudice. Hence subjudice matter need not be referred to the Commission as complaint(s).  Cases pending in courts or cases in which a court has already given its final verdict need not be taken up afresh with the Commission. 3.4 National Commission for Minorities 3.4.1 OVERVIEW The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified as minority communities by the Union Government. 3.4.2 FUNCTIONS The following are the functions of the commission:  To investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;  To inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;  To participate and advise in the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;  To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;  To make in such reports, recommendations as to the measures that should be taken by the Union or any State for effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes, and  To discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify. states. The notification mentions that Muslim Jats in Gujarat are also included in the central list, but in other states of Haryana, Himachal Pradesh, Madhya Pradesh, Uttarakhand, Uttar Pradesh, Bihar and Delhi, there is no mention of communal identity.  The poll eve sop extended to Jat community has also run into controversy, with the statutory National Commission of Backward Classes (NCBC) rubbishing the government's claim that the Cabinet decision was based on the advice of the commission. On December 19, the Cabinet had approached the Commission to seek its advice on extending reservation to Jats. The NCBC has put its 138-page report on its website <ncbc.nic.in> to clarify that it did not advice any such reservation and in fact "rejected" the Jats' case "as they are not socially and educationally backward communities." 3.6 National Commission for Scheduled Tribes 3.6.1 INTRODUCTION The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004. 3.6.2 BACKGROUND A. Certain Communities suffering from Extreme Social & Economic Backwardness- like Untouchability Primitive Agri-Practices, Lack of Infrastructural facilities, Geographical Isolation- needed special consideration for safeguarding their interests; B. These communities were notified as Scheduled Castes and Scheduled Tribes as per provisions of Art. 341(1) and 342(1) of the Constitution respectively; C. Under the original provisions of Art.338 of the Constitution, Special Officer (Commissioner) for SC&ST appointed was assigned the duty to investigate all matters relating to the Safeguards for SCs and STs in various Statutes and to report to the President upon the working of these Safeguards; 3.6.3 APPROACH AND METHODOLOGY  Keeping in view its Constitutional obligations and the issues that are now critical, after almost half a century of independence, for the overall development and mainstreaming of the Scheduled Tribes, the present Commission, constituted in February, 2004 has adopted a more vigorous approach in its functioning. The meetings of the Commission are held regularly and the implementation of decisions taken is monitored keenly.  In order to monitor and evaluate the impact of development schemes, the Commission has decided to interact with the State/UT Governments more actively by holding State level review meetings with the Chief Secretaries and other senior officers and conducting field level visits. The Commission feels that as a result of these visits and meetings, the State/UT Governments will become more conscious of the genuine problems of the Scheduled Tribes and would take the necessary initiative in working out remedial measures and adopting appropriate strategies. 3.6.4 FUNCTIONS OF THE COMMISSION 1. To investigate & Monitor matters relating to Safeguards provided for STs under the Constitution or under other laws or under Govt. Order, to evaluate the working of such Safeguards. 2. To inquire into specific complaints relating to Rights & Safeguards of STs; 3. To participate and Advise in the Planning Process relating to Socio- economic development of STs, and to Evaluate the progress of their development under the Union and any State; 4. To submit report to the President annually and at such other times as the Commission may deem fit, upon/ working of Safeguards, Measures required for effective implementation of Programmers/ Schemes relating to Welfare and Socio-economic development of STs; 5. To discharge such other functions in relation to STs as the President may, subject to the provisions of any law made by Parliament, by rule specify; 3.6.5 POWERS OF THE COMMISSION 1. For Investigation and Inquiry, the Commission is vested with powers of a civil court having authority to: a. Summon and enforce attendance of any person and examine on oath; b. Discovery & production of any documents; c. Receive evidence on affidavits; d. Requisition any public record or copy thereof from any court or office; ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………… Q2The powers of the National Commission of Scheduled Tribes is similar to which judicial body? List 4 such powers of this commission? ……………………………………………………………………………………… …………… ……………………………………………………………………………………… …………….. ………………………………………………………………… ………………………………………………………………….. …………………………………………………………………… ………………………………………………………………….. Q3What are the aspects which should be kept in mind while filing a complaint in National Commission for Scheduled Castes? ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………… Q4 Name two leading cases under media coverage related to child rights? ……………………………………………………………………………………… ……………… ……………………………………………………………………………………… ……………... ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………… Q5 List five functions of Commission for women? ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………… 5. SUMMARY Therefore, it is evident that the government of India has made various attempt to protect and promote the rights of its citizens and addressing specific sections of the society of establishing these aforementioned commissions with immense powers to solve and functions to perform against the complaints of the aggrieved persons. 6. ANSWERS 7. REFERENCES