Limitations of the current system :: Computer Science

Limitations of the current system The current system is slow in terms of processing tasks. When a lot of customers are present it is very time consuming to look for individual products because of the large stock room. This means fewer sales transactions are completed so overall there is less profit being made. The customer filing cabinet is taking up a lot id space which can be used for a lot of other things which is un-efficient. Also when a customer comes searching for the customer details is very time consuming and sometimes the details are overlooked so new ones are made causing reputation. If a staff report is created to see who has sold most products can be done by the current system, but it can be very time consuming to go through every invoice. This means that these types of reports are not done despite the ability to do them no one does. The advantage of doing such a report would be to see who doesn’t sell as much so more motivation can be given. The current system also limits the functions you can do because when stock runs out it is hard to find out until sales rep comes looking for the product. This means that they have automatically just lost out on a sale. These are the limitations which with my system shouldn’t occur. New system The new system will enable the users to process tasks quicker and with greater easy. Meaning the new system will have a whole new stock control database. This will definitely improve the time taken to search for a specific product which will mean more customers are attended too. With the aid of security different levels of system uses can be introduced which would mean company information like employee details can be stored on the database. This will also be a good feature because it will mean when a sales transaction is made it will be recorded so if errors arise in human error with sales transactions the system can check to see who carried out the sales transaction. Using the new system more better results and charts can be produced to give a better prospectus of the company finance and how much profit is being made. Also this can lead to queries being performed to see which items sell the most so a larger variety can be introduced or the items that don’t sell that well can be re checked to see why people are not buying them. With the new system it will be easier to do sales transactions because the sales rep doesn’t have to worry about saving the transaction,

Chose in Leadership Books :: essays research papers

So, you want to be a leader but don't know where to start? Well, after camping out in the self-help section at my local bookseller, I've got good news and bad news. The good news is that you've got lots of help to choose from. The bad news is that you've got lots of help to choose from. In my brief reconnaissance, I discovered a legion of writers who are just itching to let you in on their secrets. Don't believe it? Well, I'll save you a trip. I brought back proof. Don't expect a definitive list though. The cottage industry that's grown up around the subject of leadership easily keeps an army of loggers working overtime. So I just jotted down a representative sample -- enough I think to convince even the most skeptical that there's something for almost everyone. So, FOLLOW ME and read on. As you might have guessed, leadership books are all over the map. If you want your leadership hard-edged and bloody-minded, you can cuddle up with Attila the Hun or Niccolo Machiavelli (Leadership Secrets of Attila the Hun, by Wess Roberts; Machiavelli on Modern Leadership by Michael Ledeen). If you worry that Attila might be too old school, don't despair. There are ample contemporary choices. How about a couple of political celebrities like Rudy Giuliani (Leadership) and Colin Powell (Oren Harari, The Leadership Secrets of Colin Powell)? Sorry, Colin, but I'm guessing that they're not so secret any more. Finally, for the truly avant garde, there's Leadership for the Twenty-first Century, by Joseph C. Rost. Not to digress, but Colin got me thinking. I've read The Da Vinci Code and I've heard about conspiracies to keep the rest of us in the dark. I wonder if there's a cabal of leaders trying to hide their secrets from the hoi polloi. Well, maybe. Colin's not the only one who's decided to fess up. GE's former boss, Jack Welch is another insider who's finally talking (Robert Slater, 29 Leadership Secrets From Jack Welch). Even Santa Claus has decided to come clean (Eric Harvey, The Leadership Secrets of Santa Claus). Who knew that the teamsters kept secrets? There's also a heated debate over whether leadership is art or science. Max Depree says Leadership is an Art. And, he's got lots of company including retired General Barry McCaffrey, (Leadership: The Warrior's Art) and Ken Blanchard (Heart of a Leader: Insights on the Art of Influence).

Military Psychology

Military Psychology Military psychology is a broad market of psychology in which virtually any and all subfields of psychology where the lessons of personality, organizational and abnormal psychology among others are applied to the needs or desires of military planners and strategists. Reasons for their application may be immediate or sustained. The application of psychological research or theory to the military can be used to analyze either enemy or friendly forces, exemplified by perfecting an attack on an enemy or strengthening the weakness of an ally.By extension, military psychology could be used to examine the differences in attitude to the battlefield in terms of philosophy and execution of operations. The field has developed its greatest recognition through the variably sustained or ineffective post-combat programs for troubled veterans. Conditions like â€Å"shell shock† and â€Å"post-traumatic stress disorder† (PTSD) have figured prominently in the developmen t of military therapy programs.Strategically, intelligence and personality testing have been applied to placement exams for prospective military recruits. The events of World War I had a formative effect on the application of psychology to the realities of the battlefield, giving the nascent field crucial legitimacy. Co-founder of the British Psychological Society and the National Institute of Industrial Psychology, Dr. Charles Myers, was selected as the primary advisor on psychological matters to the British armies in France during the war.His work is considered foundational and he himself describes in statements that it was a frustrating endeavor to have British military elite recognize the legitimacy of his claims that soldiers deserved psychological consideration for their inability and perceived unwillingness to perform in battle. Coining the term â€Å"shell shock,† he engraved an enduring term into historical consciousness that defines the apparent psychological damage inflicted by war. The term today is the most recognizable in defining so-called â€Å"combat stress reactions† (CSRs) which entail extreme battle fatigue and subsequent poor performance in war.Simultaneously, American psychologist Robert Yerkes initiated widespread intelligence and aptitude testing in the American military by devising standard intelligence tests for literate and illiterate recruits, given the names Army Alpha and Army Beta tests respectively. The tests analyzed recruits' ability to draw analogies, recognize patterns and perform arithmetic, among other tests, in order to judge their intelligence regardless of their formal educational backgrounds. The dramatic rise in recruits with World War II provoked a massive effort to streamline draftees.Based on the experiences beginning with World War I testing, several committees and divisions were created devoted to evaluation and placement on a psychological basis. The massive effort analyzed roughly 800,000 new sold iers every year during World War II, having a tremendous influence on the development of organizational and industrial psychology. The systemic methodology played well into the 1950s as veterans returned to the workforce or advanced their own businesses on a similarly organized recruitment and placement model.The tests, developed in conjunction with the Committee on Classification of Military Personnel, constituted the next stage in the evolution of American military aptitude tests. They replaced the earlier Alpha and Beta tests, and laid the foundations for the standard ASVAB test used by the American armed forces as of 2011. The uncertainty and anxiety of the Vietnamese theater gave rise to new levels of battle-induced psychological problems, most prominently in post-traumatic stress disorder.The support system for American veterans, particularly sufferers of this condition, is notorious in American culture and often criticized. Many argue the American military has demonstrated it has learned the appropriate lessons from the mismanagement of the PTSD outbreak after the Vietnam War. A stronger cultural support structure for returning American veterans from Iraq and Afghanistan is thought to have displaced cultural hostility, and advances in clinical psychology have been referenced. The use of psychology to intimidate or analyze the weaknesses of an enemy has been called â€Å"psychological warfare. Additionally, practical applications like individual profiling and organizational psychology techniques have devised studies on enemy commanders, even their methodology, and guided philosophy in making decisions about war. This application has been applied with equal vigor to perceived allies, such as comparative analyses between American and NATO military commands. Hesitation and ambiguity have been pointed to as crucial weaknesses in European military culture, whereas American commanders have been cited as quicker and less reluctant to use force to accomplish a mission.Simultaneously, American commanders have been criticized for institutionalizing a tendency to diminish the importance of the aftermath of military operations and the threat the resulting social conditions may constitute against consolidating military gains. Military psychology is a broad area of psychology where the lessons of personality, organizational and abnormal psychology among others are applied to the needs or desires of military planners and strategists. Reasons for their application may be immediate or sustained.The application of psychological research or theory to the military can be used to analyze either enemy or friendly forces, exemplified by perfecting an attack on an enemy or strengthening the weakness of an ally. By extension, military psychology could be used to examine the differences in attitudes to the battlefield in terms of philosophy and execution of operations. The field has developed its greatest recognition through the variably sustained or ineff ective post-combat programs for troubled veterans.Conditions like â€Å"shell shock† and â€Å"post-traumatic stress disorder† (PTSD) have figured prominently in the development of military therapy programs. Strategically, intelligence and personality testing have been applied to placement exams for perspective military recruits. The events of World War I had a formative effect on the application of psychology to the realities of the battlefield, giving the nascent field crucial legitimacy. Cofounder of the British Psychological Society and the National Institute of Industrial Psychology, Dr.Charles Myers, was selected as the primary advisor on psychological matters to the British armies in France during the war. His work is considered foundational and he himself describes in statements that it was a frustrating endeavor to have British military elite recognize the legitimacy of his claims that soldiers deserved psychological consideration for their inability and perce ived unwillingness to perform in battle. Coining the term â€Å"shell shock,† he engraved an enduring term into historical consciousness that defines the apparent psychological damage inflicted by war.The term today is the most recognizable in defining so-called â€Å"combat stress reactions† (CSRs) which entail extreme battle fatigue and subsequent poor performance in war. Simultaneously, American psychologist Robert Yerkes initiated widespread intelligence and aptitude testing in the American military by devising standard intelligence tests for literate and illiterate recruits, given the renown Army Alpha and Army Beta tests respectively. The tests analyzed recruits' ability to draw nalogies, recognize patterns and perform arithmetic among other tests in a way to judge one's intelligence regardless of their formal educational backgrounds. The dramatic rise in recruits with World War II provoked a massive effort to streamline draftees. Based on the experiences beginni ng with World War I testing, several committees and divisions were created devoted to evaluation and placement on a psychological basis. The massive effort analyzed roughly 800,000 new soldiers every year during World War II, having a tremendous influence on the development of organizational and industrial psychology.The systemic methodology played well into the 1950s as veterans returned to the workforce or advanced their own businesses on a similarly organized recruitment and placement model. The tests, developed in conjunction with the Committee on Classification of Military Personnel, constituted the next stage in the evolution of American military aptitude tests. They replaced the earlier Alpha and Beta tests, plus laid the foundations for the standard ASVAB test used by the American armed forces as of 2011.The uncertainty and anxiety of the Vietnamese theater gave rise to new levels of battle-induced psychological problems, most prominently in post-traumatic stress disorder. T he support system for American veterans, particularly sufferers of this condition, is notorious in American culture and often criticized. Many argue the American military has demonstrated it has learned the appropriate lessons from the mismanagement of the PTSD outbreak after the Vietnam War.A stronger cultural support structure for returning American veterans from Iraq and Afghanistan is thought to have displaced cultural hostility, plus advances in clinical psychology have been referenced. The use of psychology to intimidate or analyze the weaknesses of an enemy has been called â€Å"psychological warfare. † Additionally, practical applications like individual profiling and organizational psychology techniques have devised studies on enemy commanders, even their methodology and guiding philosophy in making decisions about war.This application has been applied with equal vigor to perceived allies, such as comparative analyses between American and NATO military commands. Hesi tation and ambiguity have been pointed to as crucial weaknesses in European military culture, whereas American commanders have been cited as quicker and less reluctant to use force to accomplish a mission. Simultaneously, American commanders have been criticized for institutionalizing a tendency to diminish the importance of the aftermath of military operations and the threat the resulting social conditions may constitute against consolidating military gains.

Lake: Ocean and Lakes

A lake is a body of relatively still water of considerable size, localized in a basin, that is surrounded by land apart from a river, stream, or other form of moving water that serves to feed or drain the lake. Lakes are inland and not part of the ocean and therefore are distinct from lagoons, and are larger and deeper thanponds. [1][2] Lakes can be contrasted with rivers or streams, which are usually flowing. However most lakes are fed and drained by rivers and streams. Natural lakes are generally found in mountainous areas, rift zones, and areas with ongoing glaciation.Other lakes are found in endorheic basins or along the courses of mature rivers. In some parts of the world there are many lakes because of chaotic drainage patterns left over from the last Ice Age. All lakes are temporary over geologic time scales, as they will slowly fill in with sediments or spill out of the basin containing them. Many lakes are artificial and are constructed for industrial or agricultural use, fo r hydro-electric power generation or domestic water supply, or for aesthetic or recreational purposes. Lake, large, inland body of fresh or salty standing water.Lakes are distinguished from bodies of water such as bays and gulfs, and some seas, that have an interchange with the ocean and are subject to tides. Lake basins are formed by many geologic processes, such as buckling of stratified rock into large folds, displacement of large masses of rock by faults (see Fault), and blocking of valleys by landslides. Lakes also form by glaciation. Glaciers carve out large basins by scooping up bedrock and redistributing loose material. Many of the lakes of North America formed this way, including the Great Lakes and New York's Finger Lakes.The source of lake water is atmospheric precipitation that reaches the lake directly and by means of springs, brooks, and rivers. Lakes form and disappear over the course of varying lengths of geologic time (see Chronology). They may evaporate, as the cli mate becomes more arid, or they may fill up with sediment, leaving a bog or swamp in their place. In arid regions where precipitation is slight and evaporation great, lake levels rise and fall with the seasons and sometimes dry up for long periods. In lakes where evaporation prevents the water from overflowing the basin rims, substances dissolved in the water become concentrated.The dissolved matter, brought by tributary streams, varies in composition with the nature of the rocks in the local drainage system. The primary mineral constituent of salt lakes is common salt; bitter lakes contain sulfates; alkali lakes contain carbonates; borax lakes contain borates; and some lakes contain combinations of these substances. Lakes form at all altitudes and are distributed throughout the world. Almost one-half of the world's lakes are in Canada. Lakes are abundant in high latitudes, particularly in mountain regions subjected to glacial action.Many lakes are important commercially as sources of minerals and fish, as shipping arteries, and as vacation resorts. The largest lakes in the world include the Caspian Sea, Lake Superior, and Lake Victoria. The Dead Sea is the world's lowest lake, 408 m (1,340 ft) below sea level. The Caspian, the world's largest lake, covers an area of 370,998 sq km (143,243 sq mi). Lake Baikal is the deepest freshwater lake in the world, with a maximum OCEAN An ocean (from Ancient Greek (Okeanos); the World Ocean of classical antiquity[1]) is a body of saline water that composes much of a planet'shydrosphere.On Earth, an ocean is one or all of the major divisions of the planet's World Ocean – which are, in descending order of area, the Pacific,Atlantic, Indian, Southern (Antarctic), and Arctic Oceans. [3][4] The word sea is often used interchangeably with â€Å"ocean† in American English but, strictly speaking, a sea is a body of saline water (generally a division of the World Ocean) that land partly or fully encloses. [5] Earth is the only planet that is known to have an ocean (or any large amounts of open liquid water).Saline water covers approximately 72% of the planet's surface (~3.  6Ãâ€"108 km2) and is customarily divided into several principal oceans and smaller seas, with the ocean covering approximately 71% of the Earth's surface. [6]The ocean contains 97% of the Earth's water, and oceanographers have stated that only 5% of the World Ocean has been explored. [6] The total volume is approximately 1. 3 billion cubic kilometres (310 million cu mi)[7] with an average depth of 3,682 metres (12,080 ft). [8] The ocean principally comprises Earth's hydrosphere and therefore is integral toall known life, forms part of the carbon cycle, and influences climate and weatherpatterns.It is the habitat of 230,000 known species, although much of the ocean's depths remain unexplored, and over two million marine species are estimated to exist. [9] The origin of Earth's oceans remains unknown; oceans are believed t o have formed in the Hadean period and may have been the impetus for theemergence of life. Extraterrestrial oceans may be composed of water or other elements andcompounds. The only confirmed large stable bodies of extraterrestrial surface liquids are the lakes of Titan, although there is evidence for the existence of oceans elsewhere in the Solar System.Early in their geologic histories, Mars andVenus are theorized to have had large water oceans. The Mars ocean hypothesissuggests that nearly a third of the surface of Mars was once covered by water, and a runaway greenhouse effect may have boiled away the global ocean of Venus. Compounds such as salts and ammonia dissolved in water lower its freezing point, so that water might exist in large quantities in extraterrestrial environments as brine or convecting ice.Unconfirmed oceans are speculated beneath the surface of many dwarf planets and natural satellites; notably, the ocean of Europa is believed to have over twice the water volum e of Earth. The Solar System's gas giant planets are also believed to possess liquid atmosphericlayers of yet to be confirmed compositions. Oceans may also exist on exoplanetsand exomoons, including surface oceans of liquid water within a circumstellar habitable zone. Ocean planets are a hypothetical type of planet with a surface completely covered with liquid.Ocean and Oceanography, great body of salt water comprising all the oceans and seas that cover nearly three-fourths of the surface of the earth, and the scientific study of the physical, chemical, and biological aspects of the so-called world ocean. The major goals of oceanography are to understand the geologic and geochemical processes involved in the evolution and alteration of the ocean and its basin, to evaluate the interaction of the ocean and the atmosphere so that greater knowledge of climatic variations can be attained, and to describe how the biological productivity in the sea is controlled.The world ocean covers 71 p ercent of the earth’s surface, or about 361 million sq km (140 million sq mi). Its average depth is 5,000 m (16,000 ft), and its total volume is about 1,347,000,000 cu km (322,300,000 cu mi). The three major subdivisions of the world ocean are the Atlantic Ocean, the Pacific Ocean, and the Indian Ocean, which are conventionally bounded by the continental masses (see Continent). The two minor subdivisions of the world ocean are the Southern Ocean, bounded by the Antarctic Circumpolar Current to the north and Antarctica to the south, and the Arctic Ocean, almost landlocked except between Greenland and Europe.From the shorelines of the continents a submerged part of the continental mass, called the continental shelf, extends sea ward an average distance of 75 km (43 mi); it varies in width from nearly zero to 1,500 km (930 mi). The shelf gives way abruptly at a depth of about 200 m (660 ft) to a steeper zone known as the continental slope, which descends about 3,500 m (12,000 ft ). The continental rise, a gradually sloping zone of sediment that is considered part of the ocean bottom, extends about 600 km (370 mi) from the base of the continental slope to the flat abyssal plains of the deep-ocean floor.In the central parts of the oceans are the midocean ridges, which are extensive mountain chains with inner troughs that are heavily intersected by cracks, called fracture zones. The ridges are sections of a continuous system that winds for 60,000 km (40,000 mi) through all the oceans. The Mid-Atlantic Ridge extends from the Norwegian Sea through the volcanic islands of Iceland and the Azores to the South Atlantic, where it is equidistant from the African and South American coasts.The ridge continues into the Indian Ocean, with a branch that reaches into the Gulf of Aden and the Red Sea, then passes between Australia and Antarctica and into the eastern South Pacific. The East Pacific Rise extends north to the Gulf of California; Easter Island and the Galapagos are volcanic islands that are part of this submarine mountain chain. The ridge system seems to merge into the continents in several areas, such as the Red Sea and the Gulf of California, and such areas are regions of great geologic activity, characterized by volcanoes, or earthquakes and faults (see Earthquake; Fault; Volcano).

Convergence of the Twain Analysis Essay

The Convergence of the Twain Rewrite Intimated in Hardy’s pindaric ode entitled â€Å"The Convergence of the Twain† is an attitude of melancholy. While this poem is sad, it appears that Hardy also employs his work to revisit a common theme in his works and a strong belief in his life: marriage. The poem seems to carry the metaphor of marriage and the metonymy of the Titanic. Then later demonstrating the sundering of this idea. It is no secret that Hardy does not agree with marriage. In another piece of his work, Jude the Obscure, he states â€Å"Marriage is marriage†, and getting out of it is both extremely difficult and also immoral. In stanza seven Hardy describes the ship as â€Å"her† and that a â€Å"sinister mate† was being prepared for her. Illustrating both sides of a marriage. Sinister seems the perfect way to describe Hardy’s attitude to the work and the idea as a whole. The stanzas appear to represent boats or ships at the start of the poem. As the reader continues to each stanza, he can see that each stanza becomes a little more deshevelled. Until the stanzas become completely disjointed. This represents the ship hitting the iceberg and cracking, and eventually splitting. Throughout the work Hardy alludes to fate. Listing key words such as, † thread†, â€Å"fashioning†, â€Å"Immanent Will†, and most importantly, â€Å"Till the Spinner.† â€Å"The Spinner† is referring to the third fate: Clotho. This fate spins the thread of life. â€Å"Till the Spinner of the Years Said â€Å"Now!† And each one hers, And consummation comes, and jars two hemispheres† This quote coming from the last stanza of the poem demonstrates Hardy’s lack of optimism for marriage. It also establishes when the Titanic struck the iceberg that it devestated two hemispheres and will stand as a depressing

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†

Free philosophy Essay

In philosophy, the â€Å"self† is used to refer to the ultimate locus of personal identity, the agent and the knower involved in each person’s actions and cognitions. The notion of the self has traditionally raised several philosophical questions. First, there are questions about the nature and very existence of the self. Is the self a material or immaterial thing? Is the self even a real thing or rather a merely nominal object? Second, is the self the object of a peculiar form of introspective knowledge, and if so, what does this tell about its ultimate nature? Third, what is the relation between the nature of the self and the linguistic phenomena of self-reference, such as the use of the first-person pronoun ‘I’? In this course, we will investigate these and related questions with a special focus on the issue of the unity of the self. In the first half of the course, particular attention will be devoted to recent works on the relation between the nature of the self, the unity of agency and the process of self-constitution by authors such as Korsgaard, Velleman, Dennett†¦ In the second half of the course, we will discuss some of the peculiar features of self-knowledge and consider whether the idea of self-constitution can shed light on them. The self does not really exist as something truly real because: it is not available to introspection (Hume); it is not a thing (Existentialists); it is a soluble fish in a sea of general meanings or representations (postmodernists); and/or it cannot be found in the brain or its activity (neurophilosophers). There are many other lines of attack but these examples are sufficient to illustrate what is wrong with these autocides: they are looking for the wrong kind of entity or in the wrong place or both.