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Prof. (Dr.) Purvi Pokhariyal Mr. Rohit Moonka
39
Nirma University Institute of Law B.A.LL.B. (Hons.) Programme Semester – VIII Public Interest Lawyering, Legal Aid and Para-Legal Services Teaching : 60 Hours
Objectives of the course: Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. This course have aim to give the knowledge Public interest lawyering and public interest litigation. It is true that, a poor citizen is not able to approach the court, due to his incapacity; therefore he may be denied justice in the financial compulsion. To do justice with him, we have constituted four tires legal service authorities (al National, State, District, and Taluka level). Along with free legal service they have also work on the legal awareness. Speedy trial is next issues to be cover in the course with the introduction of evening court and the Gram Nyayalya. Being a clinical course students have to go for clinical work. The following syllabus prepared with this perspective will comprise about 84 (56 Hrs lectures + 28 Hrs clinical and Project) units of one hour duration.
SECTION-I - Public Interest Lawyering 1.
2.
Public Interest Lawyering 1.1
Meaning, Nature and Scope
1.2
A Carrier in Public Interest Lawyering
1.3
Jurisdiction to file PIL
1.4
Grounds for filling 'Public Interest Litigation'
1.5
Withdrawal of PIL
1.6
PIL is strategic arm of the legal aid movement.
1.7
Public interest litigation v. Publicity interest litigation
Public Interest Litigation 2.1
Concept of Public Interest Litigation (Pro bono publico)
2.2
Origin and development in India 40
3.
2.3
PIL and Rule of Locus Standi
2.4
Role of Court as Inquisitorial Court
2.5
Nature of Public Interest Litigation
2.6
Scope and limitation of the Public Interest Litigation
2.7
Contribution of Mr. M.C. Mehta in development of Public Interest Litigation
Various facets of PIL 3.1
PIL against Public Policy
3.2
PIL protecting Rights of Children
3.3
PIL protecting Human Rights
3.4
Role of PIL in Environment Protection
3.5
Protecting labour class from exploitation
3.6
PIL and custodial violence
3.7
Rights of the accused persons and prisoners protected by PIL
3.8
PIL a tool to prevent politicians from abusing their powers
SECTION-II - Legal Aid and Legal Services Authorities 4.
5.
Legal Aid 4.1
Meaning, Need and Significance of legal aid
4.2
Legal Aid- Origin and Development in India
4.3
The Constitution directions for free legal aid
4.4
Provisions for Legal Aid under the Code of Criminal Procedure
4.5
Provisions for Legal Aid under the Code of Civil Procedure
4.6
Relationship between PIL and Legal Aid
4.7
Criteria for giving legal services
4.8
Entitlement to Legal Services
Legal Services Authorities 5.1
5.2
5.3
The National Legal Services Authority 5.1.1
Constitution of the National Legal Services Authority
5.1.2
Supreme Court Legal Services Committee
5.1.3
Functions of the Central Authority
5.1.4
National Legal Aid Fund
State Legal Services Authority 5.2.1
Constitution of State Legal Services Authority
5.2.2
Functions of the State Authority
5.2.3
High Court Legal Services Committee
5.2.4
State Legal Aid Fund
District Legal Services Authority 41
5.4
5.3.1
Functions of District Authority
5.3.2
District Legal Aid Fund.
Taluk Legal Services Committee 5.4,1
6.
7.
8.
Functions of Taluk Legal Services Committee
Lok Adalat 6.1
Lok Adalat- Meaning and Significance as an ADR
6.2
Organisation of Lok adalats
6.3
Constitution of Lok Adalat
6.4
Jurisdiction of Lok Adalat
6.5
Cognizance of case by Lok Adalat
6.6
Award of Lok Adalat
Speedy Trials 7.1
Right to Speedy Trial
7.2
Justice delay is Justice Denial
7.3
Magnitude of pending cases
7.4
Possibility of fixing duration for trial
7.5
Introduction of evening court
7.6
Introduction of Gram Nayayalaya
Legal Aid Clinic 8.1
Survey of Legislative Enactments, Leading Case, Law Reports, Manuals, Digests Law
8.2
Journals, Periodicals and other Legal Documents.
8.3
Use of Computers and Audio-visual means in Legal work.
8.4
Participation in Lok Adalat and Legal Aid Camps
8.5
Writing of case Comments and Dissemination of Legal Literacy
8.6
Participation in moot court - Compulsory
Suggested Reading: Ajay Gulati & Jasmeet Gulati; Public Interest Lawyering, Legal Aid and Para Legal Services, Central Law Publications, Allahabad. Sangeeta Monika Ahuja, Public Interest Litigation in India, Oxford University Press, 1996 S.S. Sharma, Legal Aid to the Poor. Suajn Singh, Legal Aid-Human Right to Equality , Deep & Deep Publications, 1996 Cases and Materials on Legal Aid and Para legal Services Edited by V. Nagraj, National Law School of Indian University, Bangalore, 1996 P.C. Juneja, Equal Access to Justice, The Bright Law House, Rohtak, 1993 42
Mamta Rao, Public Interest Litigation, Legal Aid and Lok Adalat, 3rd Ed. 2010, Eastern Book Co., Lucknow Dr. Kailash Rai. Public Interest Lawyering, Legal Aid and Para Legal Services, Central Law Publications Shukla V.N, The Constitution of India, Eastern Book Company, Lukhnow Dr. Krishna Pal Malik, Gram Nayayalya Act, 2008, 1st Ed. 2008, Allahabad Law Agency, Faridabad Mamta Rao : Public Interest Litigation, Legal Aid and Para Legal Services, II Ed. (2003), Eastern Book Co. Lucknow Justice PS Narayana, Law Relating to Lok Adalat, Asia Law House Sirohi JPS : Public Interest Lawyering, Legal Aid and Para Legal Services, Allahabad Law Agency
43
Lesson Planning Date
Topic
Reference
Name of the faculty
3/2
Meaning,
Notes,
PP
Nature and
notified Text
Scope of
Book
Lecture Serial No.
1.
Public Interest Lawyering 3/2
Discussion of
RM
2-5
PP
6
RM
7-10
PP
11
RM
12-15
PP
16
various clinical exercises, preparation of questionnaire, suggestions 10/2
10/2
Concept, origin and development of PIL
Notes, notified Text Book
Legal Literacy Camp (visit to a village by all the students)
17/2
17/2
PIL and Rule
Notes,
of Locus
notified Text
Standi
Book
Legal Literacy Camp (visit to a village by all the students)
24/2
Contribution
Notes,
of Mr. M.C.
notified Text
Mehta in
Book 44
development of Public Interest Litigation 24/2
Legal Literacy
RM
17-20
PP
21
RM
22-25
PP
26
RM
27-30
Camp (visit to a village by all the students) 3/3
Various facets
Notes,
of PIL
notified Text Book
3/3
Legal Literacy Camp (visit to a village by all the students)
10/3
Meaning,
Notes,
Need and
notified Text
Significance of
Book
legal aid 10/3
Police Station visit by all the students
17/3
Provisions for Notes, Legal Aid notified Text under the Cr. P.C and C.P.C Book
PP
31
17/3
PIL drafting
RM
32-35
24/3
Criteria and Notes, Entitlement to notified Text legal services Book
PP
36
24/3
Lok Adalat
RM
37-40
31/3
Legal Services
Notes,
PP
38-41
Authorities
notified Text 45
Book 31/3
Jail visit by all
RM
42-45
the students 7/4
Lok Adalat- Notes, Meaning and notified Text Significance as Book an ADR
PP
46
7/4
Research
RM
47-51
PP
52
RM
53-56
Report on PIL in High Court of Gujarat 14/4
Right to Notes, Speedy Trial notified Text Book
14/4
Research Report on PIL in High Court of Gujarat
26/5
Internship
---
Introduction
57
of evening court And Gram Nayayalaya
46
MSE (Component weightage 0.10) SEE (Component weightage 0.10) Term Assignment (Component weightage 0.20)
Clinical component (Component weightage 0.60) Sr. No. 1. 2. 3. 4. 5. 6.
Nature of Clinical Exercise Jail visit Police Station visit Legal Literacy Camp PIL Drafting Lok Adalat Research report on PIL in High Court of Gujarat
Weightage 0.10 0.10 0.10 0.10 0.10 0.10
Detail of the clinical exercise is given in the Clinical Diary
47
