Public Interest Litigation (W-5)

Public Interest Litigation (W-5)

Publication details

  • Friday | 01 Jan, 1993
  • Faqir Hussain
  • Working Papers
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Abstract

Legal/technical constraints, procedural restraints, costs and delays in litigation restrict access to courts and hampers downtrodden sections of the society in reaching the portals of justice.  Economic and social deprivations also operate as inhibiting factors in seeking relief and soccour.  Thus, injustice, discrimination and at times, blatant exploitation  seem to be the fate of such sections of society.  Notwithstanding the constitutional safegaurds of equality and social justice, these classes continue to suffer from injustice and inequality.  Caught between the devil and the deep sea, they are trapped in the mire and have nowhere to go. Public interest litigation is a new evolving concept with potential to rescue and solace the deprived sections, enabling them to seek redressal of their grievances and get their due rights and entitlements.  Viewing public interest litigation in this perspective, the author argues that it is no less than a revolution in judicial administration aimed at dismantling the unjust and exploitative dispensation and empowering the poor and lowly to get their due share in national wealth and power.