Computer Use in Legal Work Essay

Computers confirm been dominating the work go at a lower place these days. In this redbrick world, companies let render ultimately dependent on computers when it comes to continuous or automatic tasks where pieceitys ar no match with when it comes to process time. It effectly eliminates the factor of compassionate error and the inherent disadvantages of humans versus computers, overmuch than(prenominal) as the need to sleep or rest, the need for variety, and so forth Modern technology has enabled data to be sorted, collected and analyzed quickly and perhaps more cost-effectively when comp bed to hiring a number of people to work on them to collect and analyze the data and then paying them an appropriate level of plights and benefits. Artificial apprehension wholeows data extr go through, sorting and analysis to be tailored to the need of the client, wherein apprehensions that are identified using minus processes thunder mug be added to their features. These deve lopments are leading to rightfulness firms where the majority of staff will be extra to those operating the machines al matchless non to people doing the gathering, sorting and analyzing of the data.Computer logic has become very much intelligent and has become, at times, more than at par with how humans think. Computers are replacing workers at an awful pace in many corporations with the notable exception of tasks needing high levels of creativity. Automation has become both right(a) and bad for the economy. Automation progresses as technology progresses. Applications on computers are replacing the humans who utilise to do their jobs as computers do those jobs faster often doing double the work that would be done in 8 hours by a single human universe. Economics will be greatly impacted by the changes in technology. Although it whitethorn not directly create unemployment since people tend to get more and more imaginative in finding roughthing to do for work, the advancem ents in technology will continue to grow. E-disc all over, an application being used in the good world, uses both linguistic and sociological logic in order to come home cultivation when users search for information. A give way from language, the favorable aspects implied in the searches will be included in the results.Information-sifting has become so sophisticated that applications are al renty able to identify and deduce human interactions pertaining to events, telephone calls, emails, messages, etc. They are withal capable of decoding data used to cloak information being conveyed by these venues. Cataphora, a computer software that analyzes data, is capable of showing who leaked information, whos influential in the organization or when a sensitive document comparable an S.E.C. register is being edited an droll number of times, or an unusual number of ways, by an unusual type or number of people. It is also programmed to identify human emotions implied in spite of appe arance an e-mail or a call. Detection of shifts in human emotions can basal an alert implying mislabeled activities. Clearwell, a program from a company in Silicon Valley, analyzes documents by searching for fantasys, which simplifies material recapitulation in litigation. In an example given by the company, an analysis task that would normally produce an perfect work week could be cut down to 3 days using the software.Although computers whitethorn count to have advantages in sure types of analysis tasks, the human factor involved in identifying relevant information still remains in the hands of the person operating the computer. Taking for example the case of Enron, wherein over five million messages had to be processed for the prosecution, Andrew McCallum decided to purchase a copy of the database for $10,000 for the University of Massachusetts and do it available for research, which do a huge impact at bottom the efficacious community.Although technology has its own limitations as when data need to be audited by a person, it still makes a huge impact in terms of how fast the work is delivered. In terms of accuracy, humans commit errors hence the term human error. This is what Mr. Herr found when he back-tracked and did analysis on previous jobs to check the difference in results among humans and computers. The 40% difference in accuracy he found in favor of computers leads us to think ab come forth companies, corporations and the efficacious profession as a whole, and the savings from expenses it will have when software as such is usedPILIn Indian law, exoteric- fire litigation is litigation for the nurseion of the familiar interest. PIL may be introduced in a approach of law by the dally itself (sumoto), rather than the aggrieved party or an opposite third party. For the exercise of the speak tos jurisdiction, it is unnecessary for the victim of the violation of his or her rights to in person set about the salute. In PIL, the right to file suit is given to a member of the public by the courts through court-ordered activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual. The sovereign go on of India, rejecting the criticism of profound activism, has stated that the judiciary has stepped in to give direction receivable to executive inaction laws enacted by Parliament and the state legislatures for the poor since independence have not been kosherly implemented. in the public eye(predicate) Interest legal proceeding globe Interest judicial proceeding as exists todayPIL today offers such a paradigm which locates the content of informal justness without the formal reasoned scheme. Non Anglo-Saxon jurisdiction directs courts to devolve the conventional discriminative function of adjudication and provide remedies for social wrongs. PIL had already m elderlyed the state in to the striker of socio-economic change. Social justice is the byproduct of this transcends from the formal legal system.Evolution of public Interest LitigationThe Indian PIL is the improved version of PIL of U.S.A. According to Ford Foundation of U.S.A., Public interest law is the name that has tardily been given to efforts that provide legal representation to previously unrepresented groups and interests. such efforts have been undertaken in the recognition that cut-and-dried marketplace for legal service of processs fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others. The compulsion period (1975-1977) witnessed colonial constitution of the Indian legal system. During emergency state repression and governmental lawlessness was widespread. Thousands of innocent people including semi policy-making opponents were sent to jails and there was complete deprivation of civil and political rights. The post emergency period provided an occasion for the judges of the overbearing judiciary to openly disregard the impediments of Anglo-Saxon procedure in providing access to justice to the poor.Notably devil justices of the commanding appeal, 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 restful the incurs of stand. In the post-emergency period when the political situations had changed, investigatory journalism also began to expose gory scenes of governmental lawlessness, repression, custodial violence, drawing circumspection 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 front shows starke difference mingled with the traditional justice delivery system and the modern informal justice system where the judiciary is performing administrative legal role. PIL is neces sary rejection of laissez faire notions of traditional economy.The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners. In Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1360, the PIL was filed by an advocate on the basis of the news item published in the Indian Express, highlighting the engross 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 said(prenominal) set pattern was adopted in subsequent cases. In 1981 the case of Anil Yadav v. State of Bihar, AIR 1982 SC 1008, exposed the brutalities of the Police.News musical composition report revealed that about 33 suspected criminals were blinded by the police in Bihar by displace the acid into their eyes. Through interim orders S. C. directed the State government to spiel the blinded men to Delhi for checkup treatment. It also ordered speedy prosecution of the guilty policemen. The court also read right to drop legal aid as a fundamental right of all(prenominal) accused. Anil Yadav signalled the branch of social activism and investigative litigation. In (Citizen for Democracy v. State of Assam, (1995) 3SCC 743), the S. C. declared that the handcuffs and other fetters shall not be squeeze upon a prisoner while lodged in jail or while in transport or transit from one jail to another or to the court or back.Concept of PILAccording to the jurisprudence of hold 32 of the war paint of India, The right to move the autonomous Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed. Ordinarily, only the aggrieved party has the right to seek redress under Article 32.In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, 1981 (Supp) SCC 87, articulated the concept of PIL as follows, W here a legal wrong or a legal injury is caused to a person or to a determinate gradation of persons by reason of violation of any ingrained or legal right or any angle is imposed in contravention of any extreme or legal provision or without warrant of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, failing or disability or socially or economically disadvantaged position unable to approach the court for relaxation, any member of public can respect an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any bump of fundamental rights of such persons or determinate class of persons, in this court under Article 32 want juridical redress for the legal wrong or legal injury caused to such person or determinate class of persons.The swayer of locus standi have been relaxed and a person playing bonafide and having fitting interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and true(a) rape of statutory provisions, but not for personal gain or surreptitious profit or political motive or any oblique con facial expressionration (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). Supreme Court in Indian Banks Association, Bombay and ors v. M/s Devkala Consultancy Service and Ors., J. T. 2004 (4) SC 587, held that In an appropriate case, where the demander king have moved a court in her private interest and for redressal of the personal grievance, the court in progress of Public Interest may treat it a necessity to enquire into the state of affairs of the unfastened of litigation in the interest of justice. Thus a private interest case can also be treated as public interest case.In Guruvayur Devaswom Managing Commit. And Anr. Vs. C.K. Rajan and Ors, J.T. 2003 (7) S.C. 312, S.C. held, The Courts exercising their power of judicial review found to its dismay that the poorest of the poor, depraved, the illiterate, the urban and rural unorganized labour sector, women, children, handicapped by ignorance, poverty and illiteracy and other down trodden have severally no access to justice or had been denied justice. A new branch of proceedings known as Social Interest Litigation or Public Interest Litigation was evolved with a view to render complete justice to the aforementioned classes of persona. It expanded its go in course of time. The Courts in pro bono publico granted relief to the inmates of the prisons, provided legal aid, directed speedy trial, victuals of human dignity and covered several other areas.Representative actions, pro bono publico and test litigations were entertained in keeping with the current accent on justice to the common man and a necessary intimidation to those who wish to by pass the, real issues on the merits by suspect reliance on fringy adj ectival shortcomings Pro bono publico constituted a significant state in the present day judicial system. They, however, provided the dockets with much greater responsibility for rendering the concept of justice available to the disadvantaged sections of the society. Public interest litigation has come to stay and its necessity cannot be overemphasized. The courts evolved a jurisprudence of compassion. Procedural propriety was to move over giving place to substantive concerns of the deprivation of rights. The harness of locus standi was diluted. The Court in place of disinterested and dispassionate adjudicator became active participant in the dispensation of justice.Aspects of PIL(a) curative in reputationRemedial reputation of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary.(b) Representative StandingRepresentative standing can be seen as a creative blowup of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action.(c) Citizen standingThe doctrine of citizen standing hence marks a significant expansion of the courts rule, from protector of individual rights to shielder of the rule of law wherever threatened by official lawlessness.(d) Non-adversarial LitigationIn the words of S. C. in spates Union for Democratic Rights v. Union of India, AIR 1982 S.C. 1473, We wish to point out with all the emphasis at our command that public interest litigationis a totally dissimilar winning of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief. Non-adversarial litigation has two aspects.1. collaborative litigation and2. inquiring LitigationCollaborative Litigation In collaborative litigation the effort is from all the sides. The claimant, the court and the presidential term or the public official, all are in collaboration here to see that basic human rights become important for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three line of creditive functions other than that from traditional determination and issuance of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most importan t ones to the attention of accountable government officials. (ii) assemblage The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator The court comes up with possible compromises. inquiring Litigation It is investigative litigation because it works on the reports of the Registrar, Di rigid Magistrate, comments of experts, newspapers etc.(e) Crucial AspectsThe flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P.,(1985) 2 SCC 431, court rejected the vindication of Res Judicta. Court refused to withdraw the PIL and ordered wages too. In R.C. Narain v. State of Bihar, court legislated the rules for the welfare of the persons documentation in the mental asylum. To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible.(f) Relaxation of strict rule of Locus StandiThe strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, AIR 1987 SC 579, S.C. held that a petitioner, a professor of political science who had done veridical research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without acquiring the favourable reception of the legislature. The court held that the petitioner as a member of public has able interest to maintain a petition under Article 32.The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infringement of statutory provisions, but not for personal gain or private profit or political motive or any oblique considerationcourt has to strike balance between two conflicting interests (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others and (ii) scheme of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349).It is depressing to throwaway that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time differently could have been spent for the disposal of cases of genuine litigants. Though the Supreme Court spares no efforts in promote and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the free whose fundamental rights a re infringed and violated and whose grievances go unnoticed, unrepresented and unheard (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). (g) Epistolary JurisdictionThe judicial activism gets its highest bonus when its orders wipe few tears from some eyes. This jurisdiction is somehow different from collective action. issue of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society.Features of PILThrough the mechanics of PIL, the courts seek to protect human rights in the following ways 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual curse, nongregarious confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public mealy citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or displace a telegram. This has been called epistolary jurisdiction.3) By fashioning new kinds of reliefs under the courts writ jurisdiction. For example, the court can award interim fee to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, womens protective homes, juvenile homes, mental asylums, and the like.Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of national Human Rights Commission or primal Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation.PIL as an Instrument of Social ChangePIL is working as an important means of social change. It is working for the welfare of every section of society. Its the sword of every one used only for taking the justice. The innovation of this authorized instrument proved beneficia l for the developing hoidenish like India. PIL has been used as a schema to combat the atrocities prevailing in society. Its an institutional scuttle towards the welfare of the needy class of the society. In Bandhu Mukti Morcha v. Union of India, S.C. ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, court taboo smoking in public places. In a landmark judgement of Delhi Domestic works Womens Forum v. Union of India, (1995) 1 SCC 14, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work.ConclusionIt would be appropriate to conclude by quoting Cunningham, Indian PIL might rather be a Phoenix a whole new creative arising out of the ashes of the old order. PIL represents the first take on by a developing common law country to break outside(a) from lega l imperialism perpetuated for centuries. It contests the guess that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under develop men. The shift from legal centralism to legal pluralism was prompted by the disenchantment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL.The change as we have seen, are both substantial and structural. It has radically adapted the traditional judicial role so as to enable the court to bring justice within the r from each one of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling the kind of litigation are likely to come on the front. and these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the acco untability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, The judicial activism gets its highest bonus when its orders wipe some tears from some eyes.1.Public Interest LitigationJudiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursual for the vindication of private vested interests.Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. even out this was greatly limited by the resources available with those individuals. There was very little organized efforts or attempts to take up wider issues that affected classes of consumers or the general public at large. However, all these scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consum er groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.Public Interest Litigation has been defined in the Blacks Law Dictionary (6th Edition) as under-Public Interest Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question.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 harmful 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 t he 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 (I) The matters of public interest Generally they include(i) bonded labour matters(ii) matters of neglected children(iii) exploitation of casual labourers and non-payment of wages to them (except in individual cases) (iv) matters of harassment or torture of persons belonging to Scheduled Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police (v) matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of inheritance and culture, antiques, forests and wild life, (vi) petitions from riot victims and (vii) other matters of public importance.(II) The matters of private nature They include (i) threat to or harassment of the petitioner by private perso ns, (ii) seeking enquiry by an agency other than local police, (iii) seeking police protection, (iv) land lordtenant dispute (v) service matters, (vi) admission to medical or engineering colleges, (vii) early earshot of matters pending in High Court and subordinate courts and are not considered matters of public interest. (III) Letter Petitions Petitions stock by post even though not in public interest can be treated as writ petitions if so directed by the Honble Judge nominated for this purpose.Individual petitions plain harassment or torture or death in jail or by police, complaints of atrocities on women such as harassment for dowry, bride burning, rape, murder and kidnapping, complaints relating to family pensions and complaints of refusal by police to register the case can be registered as writ petitions, if so approved by the concerned Honble Judge. If deemed expedient, a report from the concerned chest of drawers is called before placing the matter before the Honble Judge f or directions. If so directed by the Honble Judge, the letter is registered as a writ petition and is thereafter listed before the Court for hearing.Procedure for file Public Interest Litigation.(a) FilingPublic Interest Litigation petition is filed in the same manner, as a writ petition is filed. If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be served on the each answering, i.e. opposite party, and this proof of service has to be affixed on the petition.(b) The ProcedureA Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to be affixed on the petition. Proceedings, in the PIL commence and carry on in the same manner, as other cases. However, in between the proceedings if the Judge feels that he may appoint the commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc. After filing of replies, by opposite party, or rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.Against whom Public Interest Litigation can be filedA Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. The definition of State is the same as given under Article 12 of the Constitution and this includes the administrational and Parliament of India and the governing body and the legislative body of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. According to Art.12, the term State includes the Government and Parliament of India and the Government and the Legislatures of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Thus the authorities and instrumentalities specified under Art.12 are The Govern ment and Parliament of India The Government and Legislature of each of the States All local authorities Other authorities within the territory of India or under the Government of India. In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that other authorities would include all authorities created by the Constitution of India or Statute on whom powers are conferred by law. However, Private party can be included in the PIL as Respondent, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alone.Aspects of Public Interest Litigation(a) Remedial in Nature Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part I V of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary. (b) Representative Standing Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action. (c) Citizen standing The doctrine of citizen standing thus marks a significant expansion of the courts rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness.(d) Non-adversarial Litigation I n the words of Supreme Court in Peoples Union for Democratic Rights v. Union of India, We wish to point out with all the emphasis at our command that public interest litigationis a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief. Non-adversarial litigation has two aspects 1. Collaborative litigation In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional determination and issuance of a decree.(i). Ombudsman- The court re ceives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator The court comes up with possible compromises. 2. Investigative Litigation It is investigative litigation because it works on the reports of the Registrar, District Magistrate, comments of experts, newspapers etc. (e) Crucial Aspects The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P., Supreme Court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too.To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible. (f) Relaxation of strict rule of Locus Standi The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, Supreme Court held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has sufficient interest to maintain a petition under Article 32.The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for pe rsonal gain or private profit or political motive or any oblique considerationcourt has to strike balance between two conflicting interests (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature. It is depressing to note that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants.Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard. (g) Epistolary Jurisdiction The judicial activism gets its highest bonus whe n its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society. Factors that have contributed to growth of PIL.Among, the numerous factors that have contributed to the growth of PIL in this country, the following deserve special mention The character of the Indian Constitution. Unlike Britain, India has a indite constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for set relations between the state and its citizens and between citizens inter-se. India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land. The grownup interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received. Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance the right to life in Article 21 has been expanded to include right to free legal aid, right to live with dignity, right to education, right to work, liberty from torture, bar fetters and hand cuffing in prisons, etc. Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating it would tre at every case of forced labor as a case of bonded labor unless turn out otherwise by the employer. Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labor commissioner and lower courts In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is plentiful or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench.Mechanism for protection of Human Rights through PILFeatures of PIL through the mechanism of PIL, the courts seek to protect human rights in the following ways 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new re-conceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram.This has been called epistolary jurisdiction. 3) By fashioning new kinds of reliefs under the courts writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL mat ters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, womens protective homes, juvenile homes, mental asylums, and the like.Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation.ConclusionPublic Interest Litigation is working as an important ins trument of social change. It is working for the welfare of every section of society. Its the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. Its an institutional initiative towards the welfare of the needy class of the society. In Bandhua Mukti Morcha v. Union of India, Supreme Court ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, the Supreme Court banned smoking in public places. In a landmark judgment of Delhi Domestic Working Womens Forum v. Union of India, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan, Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work It would be appropriate to conclude by quoting Cunningh am, Indian PIL might rather be a Phoenix a whole new creative arising out of the ashes of the old order.PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under developed men. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL. The change as we have seen, are both substantial and structural.It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handli ng the kind of litigation are likely to come on the front. But these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, The judicial activism gets its highest bonus when its orders wipe some tears from some eyes