14_conclusions_2.pdf - Chapter – I INTRODUCTION Public...

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1 Chapter – I INTRODUCTION Public Interest Litigation (PIL) is a legal action which is taken in a court of law for legal right of the community. The phrase “Public Interest Litigation” refers to particular human claim made in a politically organized society or political institution. The concept of human rights has assumed importance globally during the past few decades ever since the announcement of the Universal Declaration of Human Rights. Human rights are the important element of philosophical, social and political debates of the twentieth century. Number of people around the world suffers from their basic needs. They are also refrained from the enjoyment of the basic economic, social, cultural, civil as well as political rights. This challenge is the basic issue not only concern with the one country but also universal and global. The idea of the term “human rights” is older and not the invention of the twentieth century. The genesis of human rights is the utopian concept of natural rights traceable from the days of the Greek or even earlier. The period of renaissance witnessed the basic changes in the belief of society. People thought that an idea of human right is to be a general, social need and reality. The real foundation of human rights was truly laid when resistance to religious intolerance and political economic
2 bondage began. The Magna Carta (1215), The petition of Rights (1628), and the English Bill of Right (1689) were proof of the human rights. The scientific and intellectual achievement of liberal thinkers Galileo, Newtion, Francis Bacon, John Lock, Montesquieu, Voltair and Rosseau had a profound influence on the western world of the late 18thand early 19thcenturies. Similarly, the French Declaration of the Rights of Man (1789), emphasized that “men are born and remain free and equal in rights” which are “liberty, property, safety, and resistance to oppression.” It defined “liberty” so as to include the right to religious freedom, freedom of association, right to free speech, and freedom from arbitrary arrest and confinement. The most serious philosophical blow to natural rights theory came particularly under the influence of Edmund Burke, David Hume, Jeremy Bentham, J.S. Mill, Friedrich Karl Von Savigny, Sir Henry Maine, John Austin and Hegel. The world community realized for the first time, the need to establish some institutional mechanism to protect and preserve the rights of man after the First World War. The idea of human rights came truly into its own after the rise and fall of Nazism in Germany. The world institution was established after the First World War. However, after Second World War in 1945, the important development took place i.e. the establishment of the League of Nation for the protection of all individuals against all forms of injustice and human rights violations after the UN
3 charter was signed in 1945. The Charter of the United Nations, which stressed the urgency of international co-operation for human rights, social Justice, peace and fundamental freedoms.

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Term
Spring
Professor
SyedKhaledImran
Tags
Law, Supreme Courts, Indian Supreme Court, Public Interest Litigation

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