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Prior to the 1980s, only the aggrieved party could approach
the courts for justice. However, post 1980s and after the
emergency era, the apex court decided to reach out to thepeople 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.
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Public Interest Litigation (PIL) was started toprotect the fundamental rights of people whoare poor, ignorant or in socially / economicallydisadvantaged position.
It is different from ordinary litigation, in that it isnot filed by one private person against anotherfor the enforcement of a personal right. The
presence of 'public interest' is important to file aPIL.
It has the effect of making judicial process littlemore democratic.
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A PIL can be filed when the followingconditions are fulfilled:
There must be a public injury and public wrongcaused by the wrongful act or omission of thestate or public authority.
It is for the enforcement of basic human rights
of weaker sections of the community who aredowntrodden, ignorant and whose fundamentaland constitutional rights have been infringed.
It must not be frivolous litigation by personshaving vested interests.
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A Public Interest Litigation (PIL) can be filed in any HighCourt or directly in the Supreme Court.
It is not necessary that the petitioner has suffered some
injury of his own or has had personal grievance to litigate.
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 ofpublic wrong or public injury.
He is not a mere busy body or a meddlesome interloper.
His action is not motivated by personal gain or any other
oblique consideration
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A PIL may be filed like a written petition.SC has treated even letters addressed to the courtas PIL.
Procedure in High Court:A PIL is filed in a High court, and then two copies ofthe petition have to be filed. Also, an advance copyof the petition has to be served on the eachrespondent, i.e. opposite party, 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, then (four + one) (i.e. five) sets ofpetition have to be filed. The opposite party isserved the copy only when notice is issued
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In the case of M.C Mehta V. Union of India
(1988)1 SCC 471
Council For Environment Legal Action V.
Union Of India - (1996)5 SCC281
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All over the world, far from the public eye,thousands of small NGOs, help protect thenatural riches of our planet and promote
balance within communities by helping thosemost in need.
Eco Friends
http://www.ecofriends.org
Indian Environmental Society (IES)http://www.environmentevents.org/
SEACOLOGY
http://www.seacology.org
http://www.ecofriends.org/http://www.environmentevents.org/http://www.seacology.org/http://www.seacology.org/http://www.environmentevents.org/http://www.ecofriends.org/7/28/2019 Laxmikant _NGO FINAL (2)
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Defining NGOs: What the UN
Says a non-profit citizens voluntary entity
organized nationally or internationally.
Thus, professional associations, foundations,trade unions, religious organisations,womens and youth groups, cooperativeassociations, development and humanrights associations, environmental protectiongroups, research institutes dealing withinternational affairs and associations ofparliamentarians are considered NGOs.
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NGOs are private, 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 thecitizen sector (or civil society), having asocial purpose
Governments rely on authority to achieveoutcomes
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Private sector firms rely on marketmechanisms to provide incentives for
mutually beneficial exchange
In contrast, civil society actors utilizeindependent voluntary efforts to
promote their values and aspects ofsocial, economic, or politicaldevelopment
NGOs are the equally important thirdleg of the stool on which developmentand poverty reduction rests
NGOs are steadily growing in
prominence
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Who Are They?
Working Definition:
Non-profit organizations or
associations of private citizens withany common interest
The common interest, for our
purposes, is internationalhumanitarian assistance activities(development and relief)
May be international or local
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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
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Who Pays Them?
Funding Sources
Private Donations (citizens andfoundations)
International Organizations (UN)
National Governments
Importance of Media
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NGOs in Intergovernmental
Processes
4 important functions:
Setting agendas
Negotiating outcomes
Conferring legitimacy
Implementing solutions
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Summary
Terminology around NGOs varies. They are definedby the UN as non-profit citizens voluntary entitiesorganized nationally or internationally.
A range of other terms are used almostinterchangeably, particularly stakeholders, civilsociety and major groups.
NGOs have been involved in the UN since itsinception; the rate of involvement has grownexponentially. Different agencies of the UN have
their own accreditation arrangements (see ModuleSeven).
NGOs bring knowledge and information, new issuesand expert advice to intergovernmentalnegotiations and can play different roles, including:
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