laxmikant _ngo final (2)

7/28/2019 Laxmikant _NGO FINAL (2)

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Prior to the 1980s, only the aggrieved party could approach

the courts for justice. However, post 1980s and after the

emergency era, the apex court decided to reach out to thepeople and hence it devised an innovative way wherein a

person or a civil society group could approach the supreme

court seeking legal remedies in cases where public interest

is at stake.


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Public Interest Litigation (PIL) was started toprotect the fundamental rights of people whoare poor, ignorant or in socially / economicallydisadvantaged position.

It is different from ordinary litigation, in that it isnot filed by one private person against anotherfor the enforcement of a personal right. The

presence of 'public interest' is important to file aPIL.

It has the effect of making judicial process littlemore democratic.


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A PIL can be filed when the followingconditions are fulfilled:

There must be a public injury and public wrongcaused by the wrongful act or omission of thestate or public authority.

It is for the enforcement of basic human rights

of weaker sections of the community who aredowntrodden, ignorant and whose fundamentaland constitutional rights have been infringed.

It must not be frivolous litigation by personshaving vested interests.


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A Public Interest Litigation (PIL) can be filed in any HighCourt or directly in the Supreme Court.

It is not necessary that the petitioner has suffered some

injury of his own or has had personal grievance to litigate.

Any person can file a PIL provided:

He is a member of the public acting bona fide and having

sufficient interest in instituting an action for redressal ofpublic wrong or public injury.

He is not a mere busy body or a meddlesome interloper.

His action is not motivated by personal gain or any other

oblique consideration


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A PIL may be filed like a written petition.SC has treated even letters addressed to the courtas PIL.

Procedure in High Court:A PIL is filed in a High court, and then two copies ofthe petition have to be filed. Also, an advance copyof the petition has to be served on the eachrespondent, i.e. opposite party, and this proof of

service has to be affixed on the petition.Procedure In Supreme Court: If a PIL is filed in the

Supreme Court, then (four + one) (i.e. five) sets ofpetition have to be filed. The opposite party isserved the copy only when notice is issued


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In the case of M.C Mehta V. Union of India

(1988)1 SCC 471

Council For Environment Legal Action V.

Union Of India - (1996)5 SCC281


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All over the world, far from the public eye,thousands of small NGOs, help protect thenatural riches of our planet and promote

balance within communities by helping thosemost in need.

Eco Friends

http://www.ecofriends.org

Indian Environmental Society (IES)http://www.environmentevents.org/

SEACOLOGY

http://www.seacology.org
http://www.ecofriends.org/http://www.environmentevents.org/http://www.seacology.org/http://www.seacology.org/http://www.environmentevents.org/http://www.ecofriends.org/


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Defining NGOs: What the UN

Says a non-profit citizens voluntary entity

organized nationally or internationally.

Thus, professional associations, foundations,trade unions, religious organisations,womens and youth groups, cooperativeassociations, development and humanrights associations, environmental protectiongroups, research institutes dealing withinternational affairs and associations ofparliamentarians are considered NGOs.


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NGOs are private, voluntary

organizations serving a social

purpose

The book primarily features NGO programs(though also some government and for-profit

activities)

NGOs are formal organizations within thecitizen sector (or civil society), having asocial purpose

Governments rely on authority to achieveoutcomes


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Private sector firms rely on marketmechanisms to provide incentives for

mutually beneficial exchange

In contrast, civil society actors utilizeindependent voluntary efforts to

promote their values and aspects ofsocial, economic, or politicaldevelopment

NGOs are the equally important thirdleg of the stool on which developmentand poverty reduction rests

NGOs are steadily growing in

prominence


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Who Are They?

Working Definition:

Non-profit organizations or

associations of private citizens withany common interest

The common interest, for our

purposes, is internationalhumanitarian assistance activities(development and relief)

May be international or local


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What do They Do?

Operational vs Advocacy

Willing to work in high risk areas; not

constrained by sovereignty

Emphasis on sustainability

Full integration with local population

Good positioning for disaster response


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Who Pays Them?

Funding Sources

Private Donations (citizens andfoundations)

International Organizations (UN)

National Governments

Importance of Media


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NGOs in Intergovernmental

Processes

4 important functions:

Setting agendas

Negotiating outcomes

Conferring legitimacy

Implementing solutions


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Summary

Terminology around NGOs varies. They are definedby the UN as non-profit citizens voluntary entitiesorganized nationally or internationally.

A range of other terms are used almostinterchangeably, particularly stakeholders, civilsociety and major groups.

NGOs have been involved in the UN since itsinception; the rate of involvement has grownexponentially. Different agencies of the UN have

their own accreditation arrangements (see ModuleSeven).

NGOs bring knowledge and information, new issuesand expert advice to intergovernmentalnegotiations and can play different roles, including:


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laxmikant _ngo final (2)

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