Community in American History Essay Example | Topics and Well Written Essays - 1000 words

Community in American History - Essay Example The popularity of slave trade was not only limited to North American colony, but also extended to Southern colonies as well as states (Daniels 54). Daniels asserts that slave trade was a fundamental mechanism through which immigrants were brought into the NEW World, especially The United States (Daniels 54). As they were transported from Africa into the New World, particularly the United States, African slaves carried with them their African culture. The African culture fused with others, both European immigrants and immigrants who were never considered part of immigration such as Asians and Indians. Despite not having been acknowledged as part of immigration, African slaves formed crucial part of the community, where they worked in sugar plantations. As time elapsed, African slaves multiplied through birth. â€Å"At the end of the colonial period, roughly every fifth American was either an African immigrant of the descendant of one† (Daniels 55). This swelling number significantly contributed to the diverse community that has become inherent in the history of the United States. Over 10 percent of American people can accurately trace their ancestry to immigrants of African origin. Unfortunately, most historians have simply ignored the or explicitly covered black history. Historical evidence that can reveal adequate information about the history of immigrants of African origin is not in existence. African immigrants basically had no literature that could be used to document their past. However, there are modern literatures about African slaves, written by the slave merchants together with other white participants in the slave trade as well as observers. These literatures are often exaggerations and largely miss the point ab out the background African slaves. For example, Alex Haley developed a falsified literature about African past, mainly founded on a novel

Division Between Public And Private Writing Media Essay

Division Between Public And Private Writing Media Essay Rettberg states that the spread of literacy, circulation of written materials and the common practice of silent reading saw the emergence of the private sphere and practice of private writing as early as the 1500s. The private sphere fostered a solitary and private relationship between reader and book and established a clear divide between the inner personal life and public life in the community. Rettberg (2008) believes this altered relation to the written word helped to create a new private place for individuals to seek refuge. According to Schement Curtis (1995) private writing can be described as a personal narrative and is typically written as a form of self-expression to be read only by the author. Early forms of private writing include personal journals and diaries where authors recorded personal experiences and reflections without an audience in mind. This clear division between private and public writing began to shift as authors began approaching publicly accessible platfo rms to record stories. This presented opportunities to reach broader audiences and invited dialogue within the community, effectively contributing to the public sphere. The public sphere is a concept introduced by JuÃÅ'ˆrgen Habermas that describes an ideal democratic space for rational debate among informed and engaged citizens and extends to include written public materials intended for mass audiences (cited in Kellner, 2000). Originally public writing was not a personal narrative but informative news that would attract audiences and stimulate community debate. Early forms of public writing included printed newspaper articles and community newsletters. Today, magazines, shopping catalogues, academic papers and online blogs are all widely acknowledged as forms of public writing. Boeder (2005) argues that the global public sphere of today is largely influenced by the technology that underpins it: The technological infrastructure of communication networks is influencing the social structure of society; its development is closely related to the development of social structures in a process of interchange and mutual dependence These technologies and the more recent emergence of social media networks have aided the breakdown of the boundaries between private and public that were clear in the mid- and late twentieth century. Social networks such as Facebook and Twitter are fostering new forms of engagement which encourage dialogue and collaboration in public forums, decreasing the clear detachment between public and private writing. The Internet has facilitated constant, instantaneous and global communications (Boyd Ellison, 2007). Social networking services are not just allowing Internet users access to immediate information, social media is serving us access to the lives of friends or colleagues and encouraging users to contribute to online discussions and share private information. Social media sites are transforming online user behaviour and in the process Barnes (2012) believes social media is actively changing users expectations of what constitutes private and public writing. Social media functions by relying on its users to share personal information and data, therefore users personal contributions are fuelling the growth in private sharing of information over the Internet in a new era of public participation. The chief characteristics of participatory and social media is the breakdown in the division between producers and audience (Barna, 2009). This division was particularly clear in traditional mass media and has been largely erased, fostering a new culture built upon public participation. According to Barna (2009), advances in technology have allowed anyone with access to the Internet to be a producer of content. Participatory culture encourages people to share experiences and information for the purpose of news intended for mass audiences (public writing) or as a form of self-expression (traditionally termed private writing). Despite users still writing for both public and private outcomes, the division becomes blurred on the Internet given its public, indexed and network infrastructure. The uptake of social media paired with the emergence of a participatory culture means it is now virtually impossible to differentiate public and private writing (Là ¼ders, 2008). Debatin (2006) belie ves we are witnessing the dawn of a tightly woven global infosphere, a digitized networked panoptic sphere that leaves little space for unmonitored privacy. In the early modern era, the public sphere was a constitutive corollary of the private sphere. In the era of the info sphere, the public and private spheres become amalgamated, which results in public exploitation of private lives, increasing invasion of privacy, and continual diminishment of unmonitored privacy (Debatin (2006). The explosion of the info sphere can be seen through the sheer volume of uncensored and unmonitored content available today on any given topic. Similar to the paramount importance of print and literacy in the development and understanding of a public and private sphere as highlighted by Rettberg (2008), the development of an info sphere is underpinned by participatory media and networked technologies. The development of online social networks for traditional private writing such as a diary or journal, have facilitated a phenomenon known as blogging. Blogging is an activity that requires both reading and writing to an extent not present in earlier forms of writing (Rettberg, 2008). Rettberg (2008) states that blogging is evidence of the possibility of a form of literacy that is both private and public simultaneously: Bloggers read and write in the same space. You read other blogs and write comments. You write in your own blog, and read comments to your posts. The immediacy is even more apparent in instant messaging and micro media formats like Twitter. (Rettberg, 2008). The motivations of users writing a blog today may differ dramatically with blogs being used by businesses, organisations as well as individuals for a variety of purposes and audiences (McCullagh, 2008). According to Technorati (cited on Lomborg, 2009), blogs evolved as a platform for individuals writing for self-expression, sharing expertise and experiences and connecting with likeminded people, challenging the notion of traditional communities. Brake (cited in Lomborg, 2009), identified several key themes of weblogs communication: one-to-one, one-to-many, many-to-many and a communicative. The last pattern of communication (a communicative) is the type of blog Brake (cited in Lomborg, 2009) categorised as personal/lifeblog. In this instance, the intention of bloggers is purely for their own enjoyment and therapy not intended for audiences. However when personal writing is published on a blog platform it is instantly accessible to a global audience, essentially resulting in non-delibe rate public writing. The private versus public boundaries of social media spaces are unclear for users raising privacy and safety concerns for current and future generations. Vià ©gas (2005) research on teenagers on social media suggests there is a disconnect between the way users say they feel about the privacy settings of their blogs and how they react once they experience unanticipated consequences from a breach of privacy (section 4, para.15 ). Lenhart (2005) reports that 81 percent of parents and 79 percent of online teens report that teens are not cautious enough when giving out their personal information online. Some of the confusion about the public versus private space nature of social networks is associated with the sign-up and registration procedure. Sullivan (2005) believes sites such as Facebook who ask for personal details and set up requirements for membership tend to make young adopters of these technologies think it is safe to reveal private information online to a public networked audi ence. Boeder (2005) reiterates that social networking sites are creating new forms of social behaviour that blur the distinctions between public and private interactions and writing, causing confusion. Consequently users may use the update function on Facebook to write a very private update, as a form of self expression purely for their own intent and perhaps for that of close friends, without considering the far reaching global accessibility of their update. The update is then visible online not only to their network, but to the network of those who may comment or interact with the status, and indexed online infinitely. Facebook also quietens the reality during the sign up process that they offer the platform as a free tool for users by selling users personal information to advertisers (Horton, 2012). The future of writing in web based communications will ultimately result in the near total collapse of the division between private and public writing. The publicised aims of leading social media companies coupled with an increasing spread of network literacy globally will aid in the continued breakdown of this once well asserted division. Participatory media reposition, writing and reading will become more and more a social activity pursued in collaborative environments rather than solitary endeavours (Rheingold, 2007). This can already be seen in areas such as online education, with students collaborating through virtual communities and social networks, and education facilitators using platforms such as blogs and wikis for students to publish their work publicly on instead of lodging an assignment privately to the instructor only. Leading social networks which have facilitated many communicative shifts such as Facebook and Google have already taken steps to further diminish the pri vacy of their networks. During an interview with TechCrunch, Facebook CEO Zuckerberg revealed that he had taken an about face on privacy and argued that privacy was no longer a social norm (cited in Bosker, para.7). People have really gotten comfortable not only sharing more information and different kinds, but more openly and with more people, Zuckerberg said (cited in Bosker, para.7, 2010). That social norm is just something that has evolved over time (cited in Bosker, para. 8, 2010). Despite Zuckerbergs claims, others predict that social medias lack of respect for privacy boundaries may result in a backlash where users will disable their accounts to look for a more closed platform to connect with people they care about (Smith, 2012). In a recent school survey in the US (cited in Smith, 2012), it emerged that some students are opting out of Facebook of their own volition as a reaction against what they see as Face books privacy invasion and the problems Facebook use can cause for themselves and their peers (cited in Smith, 2012).Despite talks of a mass Facebook exodus, participation on social networks continues to grow and shows no signs of slowing. The future will be characterised by the continuing bridging between private and public, which as discussed, is currently visible in journalism, traditional mass produced media, blogs and other forms of participatory and social media. In conclusion, we are living through a second wave of literacy which is globally networked and largely underpinned by digital technologies. Todays blogging and other participatory media requires readers to be writers and writers to be readers simultaneously. This paper has examined both the emergence and almost complete collapse of private and public writing facilitated through the emergence of the Internet and social media coupled with a significant shift in user behaviour. While there is still a large element of solitude in reading and writing online, this paper has demonstrated the conversational and social aspects of this literacy increasing steadily and the implications for current and future generations. This is evident not only in online media such as blogging and social media, it is evident in all media and can also be seen in the way the general public participates in traditional media. This paper has highlighted writing on blogs and social media as particularly palpable sym ptoms of larger changes and discussed the risks involved with unclear boundaries around privacy on these platforms. Finally this paper has looked towards the future of web communications and the private and public sphere and suggested that whilst the collapse is most visible in online mainstream and social media, it will eventually occur across more and more channels as networked literacy spreads globally.

Essay on Loss of Faith in Hawthornes Young Goodman Brown

Young Goodman Brown: Loss of Faith Faith can be defined, as a firm belief in something for which there is no proof. "Young Goodman Brown" is about a man who leaves his wife, Faith, at home alone for a night while he takes a walk down the road of temptation with the devil. Along the road he sees many people that he would never expect to see on this road, his wife included. He returns to his life in Salem a changed man. In "Young Goodman Brown" Nathaniel Hawthorne uses symbolism and characterization to imply that when individuals lose their faith in the goodness of mankind, they may begin to imagine that their peers have yielded to temptation. Hawthorne uses symbolism to imply that when individuals lose their faith in the goodness of mankind, they may begin to imagine that their peers have yielded to temptation. The character of Faith is Goodman Brown's spouse, but she is also a symbol of his faith in mankind. Brown's relationship with Faith changes as the story progresses, from tender and caring love to judgmental scorn. Brown's thoughts about Faith as he leaves on his journey are: "Poor little Faith...she's a blessed angel on earth; and after this one night, I'll cling to her skirts and follow her to Heaven"(212). This statement shows that the protagonist has a deep love for his faith and knows that it can be his salvation. Later in the journey Brown offers his faith as the last reason to abort his walk with the devil: "Well, then, to end the matter at once,... there is my wife, Faith. It would break her dear little heart; and I'd rather break my own!" (214). At this point his faith is still more important to him than his own life. Later, just... ...e wizard pray to?" (220). The experience in the woods causes Brown to imagine that even his wife has yielded to temptation: "He spied the head of Faith ... gazing anxiously forth, and bursting into such joy at sight of him ... But, Goodman Brown looked sternly and sadly into her face, and passed on without a greeting." (220). Brown's once steadfast faith in mankind is damaged to the point that he is suspicious of all his peers. Hawthorne uses symbolism and characterization to show how easy it is to imagine that our peers have yielded to temptation when faith in the goodness of mankind is lost. Brown loses faith in humanity and starts imagining that all his peers are guilty of sin. Is mankind unworthy of our faith? No. Faith in the goodness of mankind is a belief in something for which there is proof.

Impacts of Student Retention Essay

1. 0 Introduction This report will explore the concepts of existing education policies in a developed country – Singapore. The Minister of Education of Singapore commissioned this report to account for the impacts of student retention to its advantages, disadvantages and impacts. This report is constructed with at least 6 credible scholarly articles and the MOE’s official website. Although the idea of retention in Singapore is not unfamiliar, this report will distinguish the ramifications of retention and describes the implications of retention in a developed country like Singapore. 2. 0Purpose of Grade Retention 2. 1Goals of Retention. The practice of holding back ostensibly weaker students for one more year on the grounds of failed academic prowess is common in Singapore. Retention policy calls for requiring students who have failed to achieve satisfactorily to repeat their current grade the following year. â€Å"Promotional Gates in certain grades found that 20 to 40 percent of the students did not qualify for promotion† (Brophy 2006, 13). This is motivated by a conservative belief that retaining students provides another opportunity to master content which students failed to master and consequently leave students better equipped to succeed in the following year. â€Å"Most grade repetition in developed countries is imposed by schools on low-achieving students who have made poor progress despite regular attendance† (Brophy 2006, 12). 2. 2Does Retention Satisfy Original Goals â€Å"Sixth grade students rated grade retention as the single most stressful life event† (Riggert et al 2006, 71). Repetition is principally made up of two forms, voluntary and involuntary. Voluntary happens when students whom are considered â€Å"at risk† drop out of school before attempting the final exams â€Å"Repetition is associated with low achievement and early dropout† (Brophy 2006, 9). Voluntarily means forfeiting the chance of progress. Familial background, financial conditions or past stigmas all play a major part in the decision but grade retention policy makers believe that it is for schools to maintain high standards therefore retention does satisfy the goals of the school but not the goals of the student. 3. 0Factors & Conditions Leading to Failing a Student 3. 1Academic Achievement Grade repetition is decided on the academic achievement of the student, decision is made by the authoritative body, normally a minimal grade of 50 percentage achieved in all subjects will suffice in passing. â€Å"At risk† students make up the notable percentage in this category, commands a higher probability despite regular attendance and class performances. This supports Diederich’s statement of schools superfluously weighs subjects through the final examinations as a criterion to pass students. â€Å"These patterns indicate that prior academic achievement and expectations were related to retention† (Diederich 1978, 10). 3. 2Disciplinary Problems Social influences play a huge part in the development of the student’s mentality towards education. Attributing to the student’s behavior, students from lower income families work while attending  school and evidently the student is unable to give their full-time attention to their academic endeavors. â€Å"Staff typically see student failure or success as essentially the results the students achieved, obviously student effort, ability and motivation are powerful factors in the equation†(Wimshurst, Bates and Wortley 2002, 12). Students are often misunderstood because enthusiasm in a student is often miscomprehended. This attributes to the student’s interest towards education and forms the outline of his or hers behavior. â€Å"School-imposed grade repetition has negative effects on achievement and is associated with social adjustment problems  and increased likelihood of dropping out† (Brophy 2006, 4) 4. 0Advantages & Disadvantages of Student Repetition and Failure 4. 1 Effects on Academic Achievement Retention does not assist with the student’s academic achievements. â€Å"Grade retention was not found to be a beneficial intervention, overall, in the studies examined† (Sterns et al 2007, 220). Developing a lack of interest in education, this contradicts to the fantasy that repeating is beneficial. Students have a greater probability to drop out when forced to repeat. â€Å"Grade retention has been identified as the single most powerful predictor of dropping  out† (Swail 2004, 9). On the other hand, a very small minority showed the tenacity to hold on to their education careers and displayed a slight improvement in their academic achievements. 4. 2Social Effects & Psychological on Students â€Å"Involuntary grade repetition has negative effects on social, emotional and behavioral aspects† (Brophy 2006, 16). Grade repetition does not improve academic achievement but the contrary; it carries harmful effects on social, emotional and behavioral characteristics. Displaying poorer social adjustments and negative attitudes, Students have difficulty in adjusting, self-esteem is reduced drastically. â€Å"Drug use, teenage pregnancy, gangs, school dropouts, suicide, violence, political apathy, casual sex and more recently depression†(McInerney 2006, 12) the synthesis of these factors will optimize the likelihood of these students dropping out. Grade repetition is affiliated with long-term effects such as – the probability of a poorer education, limiting their employment opportunities. 5. 0Conclusion Cumulative evidence from research clearly demonstrates that there are no distinct advantages to repetition, and negative impacts outweigh the positive. â€Å"They (teachers) see the temporary  advantages appear during retention year† (Brophy 2006, 28). It is imperative for policy makers to analyze the societal and psychological consequences. Current policies must be revised at an arms length with schools that are beneficial to students and schools. â€Å"It appears that many, if not most politicians, administrators and teachers remain unaware of the evidence against school-imposed retention or they are misled by false claims that support it† (Brophy 2006, 27) 6. 0Recommendations Retention is mandated in a developed country such as – Singapore. A conservative education system with policies that  requires students to repeat without achieving minimal requirements, Singapore’s education system can benefit by administering or implementing a change in her existing educational policies. â€Å"Denmark, Japan, Korea, Norway and Sweden’s emphasizes on automatic promotion and this should put to rest any concerns that automatic promotion policies will lead to mediocre schooling† (Brophy 2006, 23). They are as follows: – Adopt smaller classes in primary and secondary schools ranging from ten to twenty students per teacher ratio. – Prioritize and provide at-risk students with additional learning opportunities and methods. Teachers and parents must be collaborating to prevent the lack of interest in students. – Suspend the streaming of students. Students whom are subjected to streaming undergo intense stress to exhibit good grades. Not possessing the maturity to handle the pressure and carrying the stigma of this unnecessary rite of passage, the probability of dropping out will increase significantly. – Evaluate Students not only through a single high stakes test but track continuous progress through participation and performance. – Develop a progressive learning system as an assessment, either for teachers to act upon rather than just report failure  and move on. Number of Words: 1095 Reference list – Swail, Scott Watson. 2004. The Art of Student Retention. Texas Higher Education Coordinating Board. – Roderick, Melissa and Jenny Nagaoka. Retention under Chicago’s High-Stakes Testing Program: Helpful, Harmful or Harmless? Source: Educational Evaluation and Policy Analysis, Vol. 27, No. 4 (Winter, 2005), pp. 309-340. American Educational Research Association. – McInerney, Peter. 2006. ‘Blame the student, blame the school or blame thesystem? ’: Educational policy and the dilemmas of student engagementand school retention—a Freirean perspective. University of Ballarat. – Stearns, Elizabeth, Stephanie Moller, Judith Blau and Stephanie Potochnick. 2007. Staying Back and Dropping out: The Relationship betweenGradeRetention and School Dropout. Source: Sociology of Education,Vol. 80, No. 3 (Jul. ,2007), pp. 210-240. American SociologicalAssociation. – Riggert, Steven C, Mike Boyle, Joseph M. Petrosko, Daniel Ash and CarolynRudeParkins. 2006. Student Employment and Higher Education:Empiricism andContradiction. Source: Review of EducationalResearch, Vol. 76, No. 1(Spring, 2006), pp. 63-92. AmericanEducational Research Association. – Diederich Ott, Mary. 1978. Retention of Men and Women EngineeringStudents. Source: Research in Higher Education, Vol. 9, No. 2 (1978),pp. 137-150. Springer. – Bosshardt, William. 2004. Student Drops and Failure in Principles Courses. Source: The Journal of Economic Education, Vol. 35, No. 2 (Spring,2004), pp. 111- 128. Taylor and Francis Ltd. – Tinto, Vincent. 2001. Taking Student Retention Seriously. SyracuseUniversity. – A. Bali, Valentina, Dorothea Anagnostopoulos, Reginald Roberts. 2005. Source: Educational Evaluation and Policy Analysis, Vol. 27, No. 2(Summer, 2005), pp. 133-155. American Educational ResearchAssociation.

Computer Use in Legal Work Essay

Computers have been dominating the workplace these days. In this modern world, companies have become ultimately dependent on computers when it comes to continuous or automatic tasks where humans are no match with when it comes to process time. It completely eliminates the factor of â€Å"human error† and the inherent disadvantages of humans versus computers, such as the need to sleep or rest, the need for variety, etc. Modern technology has enabled data to be sorted, collected and analyzed quickly and perhaps more cost-effectively when compared to hiring a number of people to work on them to collect and analyze the data and then paying them an appropriate level of wages and benefits. Artificial intelligence allows data extraction, sorting and analysis to be tailored to the need of the client, wherein concepts that are identified using deduction processes can be added to their features. These developments are leading to law firms where the majority of staff will be limited to t hose operating the machines alone – not 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 alarming pace in many corporations – with the notable exception of tasks needing high levels of creativity. Automation has become both good and bad for the economy. Automation progresses as technology progresses. Applications on computers are replacing the humans who used 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 being. Economics will be greatly impacted by the changes in technology. Although it may not directly create unemployment since people tend to get more and more creative in finding something to do for work, the advancements in technology will continue to grow. E-discover, an application being used in the legal world, uses both linguistic and sociological logic in order to filter information when users search for information. Ap art from language, the social aspects implied in the searches will be included in the results. Information-sifting has become so sophisticated that applications are already able to identify and deduce human interactions pertaining to events, telephone calls, emails, messages, etc. They are also capable of decoding data used to cloak information being conveyed through these venues. Cataphora, a software that analyzes data, is capable of â€Å"†¦showing who leaked information, who’s influential in the organization or when a sensitive document like an S.E.C. filing is being edited an unusual 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 within an e-mail or a call. Detection of shifts in human emotions can mean an alert implying illegal activities. Clearwell, a program from a company in Silicon Valley, analyzes documents by searching for concepts, which simplifies material review in litigation. In an example given by the company, an analysis task that would normall y take an entire work week could be cut down to 3 days using the software. Although computers may seem to have advantages in certain types of analysis tasks, the â€Å"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 made it available for research, which made a huge impact within the legal 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 â€Å"human error†. This is what Mr. Herr found when he back-tracked and did analysis on previous jobs to check the difference in results between humans and computers. The 40% difference in accuracy he found in favor of computers leads us to think about companies, corporations and the legal profession as a whole, and the savings from expenses it will have when software as such is used PIL In Indian law, public-interest litigation is litigation for the protection of the public interest. PIL may be introduced in a court of law by the court itself (sumoto), rather than the aggrieved party or another third party. For the exercise of the court’s jurisdiction, it is unnecessary for the victim of the violation of his or her rights to personally approach the court. In PIL, the right to file suit is given to a member of the public by the courts through judicial activism. The member of the public may be a non-governmental organization (NGO), an institution or an individual. The Supreme Court of India, rejecting the criticism of judicial activism, has stated that the judiciary has stepped in to give direction due to executive inaction; laws enacted by Parliament and the state legislatures for the poor since independence have not been properly implemented. Public Interest Litigation Public Interest Litigation as exists today PIL today offers such a paradigm which locates the content of informal justice without the formal legal system. Non Anglo-Saxon jurisdiction directs courts to transcend the traditional judicial function of adjudication and provide remedies for social wrongs. PIL had already molded the state in to the instrument of socio-economic change. Social justice is the byproduct of this transcends from the formal legal system. Evolution of Public Interest Litigation The Indian PIL is the improved version of PIL of U.S.A. According to â€Å"Ford Foundation† of U.S.A., â€Å"Public interest law is the name that has recently been given to efforts that provide legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services 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 emergency period (1975-1977) witnessed colonial nature of the Indian legal system. During emergency state repression and governmental lawlessness was widespread. Thousands of innocent people including political 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 Supreme Court to openl y disregard the impediments of Anglo-Saxon procedure in providing access to justice to the poor. Notably two justices of the Supreme Court, 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 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 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. In 1981 the case of Anil Yadav v. State of Bihar, AIR 1982 SC 1008, exposed the brutalities of the Police. News paper report revealed that about 33 suspected criminals were blinded by the police in Bihar by putting the acid into their eyes. Through interim orders S. C. directed the State government to bring the blinded men to Delhi for medical treatment. It also ordered speedy prosecution of the guilty policemen. The court also read right to free legal aid as a fundamental right of every accused. Anil Yadav signalled the growth 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 forced 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 PIL According to the jurisprudence of Article 32 of the Constitution of India, â€Å"The right to move the Supreme 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, â€Å"Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority 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, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such pe rson or determinate class of persons.† 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 personal gain or private profit or political motive or any oblique consideration (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 â€Å"In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject 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, â€Å"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, indigence and illiteracy’ and other down trodden have either 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 wings in course of time. The Courts in pro bono publico granted relief to the inmates of the prisons, provided legal aid, directed speedy trial, maintenance 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 disincentive to those who wish to by pass the, real issues on the merits by suspect reliance on peripheral procedural 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 rule 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) Remedial in Nature Remedial nature 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 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 court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness. (d) Non-adversarial Litigation In the words of S. C. in People’s Union for Democratic Rights v. Union of India, AIR 1982 S.C. 1473, â€Å"We wish to point out with all the emphasis at our command that public interest litigation†¦is 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; and 2. Investigative Litigation 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 receives 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. 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.,(1985) 2 SCC 431, court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too. In R.C. Narain v. State of Bihar, court legislated the rules for the welfare of the persons living 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 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, AIR 1987 SC 579, S.C. 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 personal gain or private profit or political motive or any oblique consideration†¦court 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 (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). 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 (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349) . (g) Epistolary Jurisdiction The judicial activism gets its highest bonus when 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. Features 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 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 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 relief’s under the court’s 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 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, women’s 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. PIL as an Instrument of Social Change PIL is working as an important instrument of social change. It is working for the welfare of every section of society. It’s 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. It’s an institutional initiative 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 banned smoking in public places. In a landmark judgement of Delhi Domestic Working Women’s 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. Conclusion It would be appropriate to conclude by quoting Cunningham, â€Å"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 develop 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 handling 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, â€Å"The judicial activism gets its highest bonus when its orders wipe some tears from some eyes†. 1.Public Interest Litigation Judiciary, 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 pursuit 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 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 consumer 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 Black’s Law Dictionary (6th Edition) as under:- â€Å"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 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: (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 heritage 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 persons, (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 hearing of matters pending in High Court and subordinate courts and are not considered matters of public interest. (III) Letter Petitions: Petitions received by post even though not in public interest can be treated as writ petitions if so directed by the Hon’ble Judge nominated for this purpose. Individual petitions complaining 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 Hon’ble Judge. If deemed expedient, a report from the concerned authority is called before placing the matter before the Hon’ble Judge for directions. If so directed by the Hon’ble Judge, the letter is registered as a writ petition and is thereafter listed before the Court for hearing. Procedure for Filing Public Interest Litigation. (a) Filing Public 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 respondent, i.e. opposite party, and this proof of service has to be affixed on the petition. (b) The Procedure A 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 filed A 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 Governmental and Parliament of India and the Government and the Legislature 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 â€Å"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 Government 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 â€Å"other authorities would include all authorities created by the Constitution of India or Statute on whom powers are conferred by law†. However, â€Å"Private party† can be included in the PIL as â€Å"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 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 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 th e court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness. (d) Non-adversarial Litigation: In the words of Supreme Court in People’s Union for Democratic Rights v. Union of India, â€Å"We wish to point out with all the emphasis at our command that public interest litigation†¦is 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 dete rmination and issuance of a decree. (i). Ombudsman- The court receives 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 personal gain or private profit or political motive or any oblique consideration†¦court 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 when 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 written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating 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 liberal 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 â€Å"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, freedom 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 treat every case of forced labor as a case of bonded labor unless proven 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 voluminous 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 PIL Features 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 relief’s under the court’s 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 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, women’s 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. Conclusion Public Interest Litigation is working as an important instrument of social change. It is working for the welfare of every section of society. It’s 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. It’s 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 Women’s 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 wome n in place of their work It would be appropriate to conclude by quoting Cunningham, â€Å"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 handling 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, â€Å"The judicial activism gets its highest bonus when its orders wipe some tears from some eyes†