Nirma University

Institute of Law

(Semester-1, course-ba.l.l.b)

Report of Internship Training

With hrln, bhopal
as a part of Clinical Training
for the Academic year (2015-16)

Prepared & Submitted By

Rajeev kumar Tiwari
16bal099

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 Table of contents

Sr. No Subject Page no.

1 Preface

2 Acknowledgement

3 Certificate

4 List of abbreviations

5 Brief about the NGO

6 Brief about the reports submitted

7 General Observations about the functioning of the

NGO
8 Your Experience during the Training

9 Appendix
1. Weekly Reports

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 Preface

This report is an outcome of the Internship Training Programme of

Institute of Law, Nirma University for the students of first ( 1st )
semester. The main constituents of the project are the report of
my work at HRLN,Bhopal during the internship, the research on
related issues and the weekly report of my work. I have tried my
best to do justice with my activities and put it in black and white
with the same effort as I did it during the internship.

Date: Name -

Signature _____________

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 Acknowledgement

First I would like to thank Dr. (Prof.) Purvi Pokhriyal, the director of
Institute of Law,Nirma University for giving me the opportunity to
do an internship within the organization. For me it was a unique
experience to be in HRLN and to study about human rights. It also
helped to get back my interest in law and to have new plans for
my future career.

I also would like all the people that worked in the office of HRLN in
Bhopal. With their patience and openness they created an
enjoyable working environment.

Furthermore I want to thank all the students, with whom I did the
fieldwork. We experienced great things together and they have
shown me a beautiful part of our country.

At last I would like to thank head of HRLN,Bhopal, Milind

Wankhede sir to allow me to do this interesting internship.

Rajeev Kumar Tiwari

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Certificate

List of Abbreviations

5
Brief about the NGO

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 ABOUT
HRLN
The Human Rights Law Network (HRLN) is collective of lawyers and social activists
dedicated to the use of the legal system to advance human rights, struggle against
violations, and ensure access to justice for all. A non-profit, non-governmental
organization, HRLN started out in 1989 as a small group of concerned lawyers and social
activists from tiny premises in Bombay. Today, the Human Rights Law Network has
evolved into a nationwide network of more than 200 lawyers, paralegals, and social
activists spread across 26 states/union territories.

HRLN provides pro-bono legal services to those with little or no access to the justice
system, conducts litigation in the public interest, engages in advocacy, runs helplines,
conducts legal awareness programmes, sensitizes the judiciary, investigates violations and
deploys crisis-intervention teams, plans People’s Tribunals, publishes 'know your rights'
materials, participates in campaigns, and proposes solutions to some of India’s foremost
social problems.

Through its involvement in grassroots movements, HRLN seeks to inculcate a human

rights based approach to the legal system in India. We believe that large scale struggles
against human rights violations have to be waged by social and political movements, and
that the legal system can play a significant supportive role in these struggles. Therefore,
we work in solidarity with like-minded organizations and individuals, using the legal
system to bring about social change, as well as campaigning to bring about wide-ranging
reforms in the legal system itself.

HRLN works on bringing human rights law education in India into the mainstream by
developing an understanding of human rights amongst students and young lawyers. They
build alliances between the judiciary and rights based initiatives to sensitize the judicial
system to a more inclusive understanding of human rights. They build close links between

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legal networks in India and human rights law groups abroad. All of their work reflects the
belief that human rights are universal and indivisible, and that their realization is an
immediate goal.

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Brief about the reports submitted and the
work undertaken
Basic information about human rights and its types.

Human rights are commonly understood as being those rights which are inherent in the
mere fact of being human. The concept of human rights is based on the belief that every
human being is entitled to enjoy her/his rights without discrimination. Human rights differ
from other rights in two respects. Firstly, they are characterized by being:

  Inherent in all human beings by virtue of their humanity alone (they do not
have,e.g., to be purchased or to be granted);
  Inalienable (within qualified legal boundaries); and
  Equally applicable to all.
Secondly, the main duties deriving from human rights fall on states and their authorities
or agents, not on individual.

Types of Human Rights:

The Universal Declaration of Human Rights has guaranteed a number of rights which can
be classified as follows:

(a) Social or Civil Human Rights- All human beings are entitled to:

(1) The right to life, liberty and security of persons.

(2) Right to freedom from slavery and servitude .

(3) Right to freedom from torture or cruel, inhuman or degrading treatment or

punishment.

(4) Right to freedom from arbitrary interference with privacy, family, home or
correspondence.

(5) Right to marry and have family and right to property.

(b) Political Human Rights - To take part in the political process, all human beings are
provided with some rights such as:

(1) Right to nationality.

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(2) Right to equality before law and equal protection of law.

(3) Right to judicial remedies, fair trial and freedom from arbitrary arrest, detention or
exile.

(4) Right to freedom of thought, expression, belief, faith, conscience and religion.

(5) Right to freedom of peaceful assembly and association.

(6) Right to take part in government affairs and equal access to public service.

(7) Right to equal suffrage.

(8) Right to freedom of movement and right of asylum etc.

(c) Economic Human Rights - To ensure the economic interest of the human being, UNO
also provides certain economic rights, such as:

(1) Right to social security.

(2) Right to work and the right to equal pay for equal work.

(3) Right to form trade unions.

(4) Right to rest and leisure.

(5) Right to food, health and adequate standard of living.

(d) Cultural Human Rights - For the protection of the various types of cultures, traditions
and customs of the human being, the Declaration of Human Rights also provides certain
rights, such as:

(1) Right to participate in the cultural life of the community.

(2) Right to enjoy the art and to share in the scientific advancement and its benefits.

(3) Right to the protection of the moral and material interests resulting from any
scientific, literary and artistic production of which the individual is the author.

(4) Right to a social and international order in which the human rights as provided in the
Universal Declaration can be fully realize

Strategies used by HRLN

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  Legal aid and public interest litigation- Human Rights and Law Network trains its
lawyers. Lawyers of HRLN take up cases in the lower courts as well as the Supreme
Courts and High Courts.
 Legal education- For law to be used for justice, self-reliance and liberation of self
legal education us organised by seminars, workshops, and training courses.
 Advocacy- HRLN works to increase public awareness through research and
dissemination of information on violations and anti-poor policies. HRLN has
formulated laws and policies against child sexual abuse, against communal crimes,
and for the right to food and work.
 Investigations, monitoring, and crisis response- HRLN conducts fact-finding,
monitors and documents cases of violations and makes sure that these take the
form of petitions in court.
 Access to justice and People's Tribunals- In 1993, HRLN organised the 'National
Conference on Human Rights, Environment and the Law' where the Indian
People's Tribunal on Environment and Human Rights ( IPT) was formed. The IPT
investigations are led by retired judges of the High Courts and Supreme Court. It is
a semi-autonomous association that works through People's Tribunals and Public
Hearings to draw attention to human rights violations and issues concerning
environmental justice. The IPT has conducted over 30 tribunals since 1993 on
issues such as police violence, the right to food, and housing rights. It provides a
forum and an opportunity for those who do not have access to the regular courts
to voice their grievances. The goal is to stop existing violations, highlight harmful
legislation and prevent further atrocities from taking place.
 Communications and Publications- HRLN produces publications and films, and has
a library.

Issues ON WHICH HRLN WORKS.

These are following Human rights on which HRLN works-

 Child rights , Criminal justice,

 Dalit rights , Disability rights,
 Emergency/disaster , Environmental justice,
 HIV/AIDS , Housing rights,
 Labour rights , Refugee rights,
 Right to food , Secularism and peace,
 Trafficking , Women’s justice.

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INFORMATION ON SOME OF TOPICS ON
WHICH HRLN WORKS AND RELATED CASE
STUDIES AS ASSIGNED BY SUPERVISOR.
Right to Information (rti)

(RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of
right to information for citizens" and replaces the erstwhile Freedom of information Act,
2002. Under the provisions of the Act, any citizen of india may request information from a
"public authority" (a body of Government or "instrumentality of State") which is required
to reply expeditiously or within thirty days. The Act also requires every public authority to
computerise their records for wide dissemination and to proactively certain categories of
information so that the citizens need minimum recourse to request for information
formally.

This law was passed by Parliament on 15 June 2005 and came fully into force on 12
October 2005..

Scope The Act covers the whole of India except Jammu and Kashmir, where J&K Right to
Information Act is in force. It covers all constitutional authorities, including the executive,
legislature and judiciary; any institution or body established or constituted by an act of
Parliament or a state legislature. It is also defined in the Act that bodies or authorities
established or constituted by order or notification of appropriate government including
bodies "owned, controlled or substantially financed" by government, or non-Government
organizations "substantially financed, directly or indirectly by funds" provided by the
government are also covered in the Act.

A citizen who desires to seek some information from a public authority is required to
send, along with the application, a demand draft or a bankers cheque or a court fee
stamp of Rs.10/- (Rupees Ten) payable to the Accounts Officer of the public authority as
fee prescribed for seeking information.

Private bodies are not within the Act's ambit directly. In a decision of Sarbjit roy vs Delhi
Electricity Regulatory Commission the Central Information Commission also reaffirmed
that privatised public utility companies fall within the purview of RTI As of 2014, private
institutions and NGOs receiving over 95% of their infrastructure funds from the
government come under the Act. The Central Information Commission(CIC), consisting of

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Satyanand Mishra, M.L. Sharma and Annapurna Dixit, has held that the political parties
are public authorities and are answerable to citizens under the RTI Act

The applicant may also be required to pay further fee towards the cost of providing the
information, details of which shall be intimated to the applicant by the PIO as prescribed
by the RTI ACT.

Case study -1

CENTRLAL  BOARD OF  SEC.EDUCATION & ANR.        …  Petitioner(s)

VERSUS

ADITYA BANDOPADHYAY & ORS.        …  Respondent(s)

The first respondent appeared for the Secondary School Examination, 2008 conducted by
the Central Board of Secondary Education (for short ‘CBSE’ or the ‘appellant’). When he
got the mark sheet he was disappointed with his marks. He thought that he had done well
in the examination but his answer-books were not properly valued and that improper
valuation had resulted in low marks. Therefore he made an application for inspection and
re-evaluation of his answer-books. CBSE rejected the said request by letter dated
12.7.2008. The reasons for rejection were:

(i) The information sought was exempted under Section 8(1)(e) of RTI Act since CBSE
shared fiduciary relationship with its evaluators and maintain confidentiality of both
manner and method of evaluation.
(ii) The Examination Bye-laws of the Board provided that no candidate shall claim or is
entitled to re-evaluation of his answers or disclosure or inspection of answer book(s) or
other documents.
(iii) The larger public interest does not warrant the disclosure of such information sought.
(iv) The Central Information Commission, by its order dated 23.4.2007 in appeal no.
ICPB/A-3/CIC/2006 dated 10.2.2006 had ruled out such disclosure.”
3. Feeling aggrieved the first respondent filed W.P. No.18189(W)/2008 before the
Calcutta High Court and sought the following reliefs :
(a) for a declaration that the action of CBSE in excluding the provision of reevaluation of
answer-sheets, in regard to the examinations held by it was illegal, unreasonable and
violative of the provisions of the Constitution of India; (b) for a direction to CBSE to
appoint an independent examiner for reevaluating his answer-books and issue a fresh
marks card on the basis of reevaluation; (c) for a direction to CBSE to produce his answer-
books in regard to the 2008 Secondary School Examination so that they could be properly

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reviewed and fresh marks card can be issued with re-evaluation marks; (d) for quashing
the communication of CBSE dated 12.7.2008 and for a direction to produce the answer-
books into court for inspection by the first respondent. The respondent contended that
section 8(1)(e) of Right to Information Act, 2005 (‘RTI Act’ for short) relied upon by CBSE
was not applicable and relied upon the provisions of the RTI Act to claim inspection.

4. CBSE resisted the petition. It contended that as per its Bye-laws, reevaluation and
inspection of answer-books were impermissible and what was permissible was only
verification of marks. They relied upon the CBSE Examination Bye-law No.61. CBSE
submitted that 12 to 13 lakhs candidates from about 9000 affiliated schools across the
country appear in class X and class XII examinations conducted by it and this generates as
many as 60 to 65 lakhs of answerbooks; that as per Examination Bye-law No.62, it
maintains the answer books only for a period of three months after which they are
disposed of. It was submitted that if candidates were to be permitted to seek re-
evaluation of answer books or inspection thereof, it will create confusion and chaos,
subjecting its elaborate system of examinations to delay and disarray. It was stated that
apart from class X and class XII examinations, CBSE also conducts several other
examinations (including the All India Pre-Medical Test, All India Engineering Entrance
Examination and Jawahar Navodaya Vidyalaya’s Selection Test). If CBSE was required to
re-evaluate the answer-books or grant inspection of answer-books or grant certified
copies thereof, it would interfere with its effective and efficient functioning, and will also
require huge additional staff and infrastructure. It was submitted that the entire
examination system and evaluation by CBSE is done in a scientific and systemic manner
designed to ensure and safeguard the high academic standards and at each level utmost
care was taken to achieve the object of excellence, keeping in view the interests of the
students.

CBSE submitted that the procedure evolved and adopted by it ensures fairness and
accuracy in evaluation of answer-books and made the entire process as foolproof as
possible and therefore denial of re-evaluation or inspection or grant of copies cannot be
considered to be denial of fair play or unreasonable restriction on the rights of the
students.

5. A Division Bench of the High Court heard and disposed of the said writ petition along
with the connected writ petitions (relied by West Bengal Board of Secondary Education
and others) by a common judgment dated 5.2.2009. The High Court held that the
evaluated answer-books of an examinee writing a public examination conducted by
statutory bodies like CBSE or any University or Board of Secondary Education, being a
‘document, manuscript record, and opinion’ fell within the definition of “information” as
defined in section 2(f) of the RTI Act. It held that the provisions of the RTI Act should be
interpreted in a manner which would lead towards dissemination of information rather
than withholding the same; and in view of the right to information, the examining bodies

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were bound to provide inspection of evaluated answer books to the examinees.
Consequently it directed CBSE to grant inspection of the answer books to the examinees
who sought information. The High Court however rejected the prayer made by the
examinees for re-evaluation of the answer-books, as that was not a relief that was
available under RTI Act. RTI Act only provided a right to access information, but not for
any consequential reliefs. Feeling aggrieved by the direction to grant inspection, CBSE has
filed this appeal by special leave.

6. Before us the CBSE contended that the High Court erred in (i) directing CBSE to permit
inspection of the evaluated answer books, as that would amount to requiring CBSE to
disobey its Examination Bye-law 61(4), which provided that no candidate shall claim or be
entitled to re-evaluation of answer books or disclosure/inspection of answer books; (ii)
holding that Bye-law 61(4) was not binding upon the examinees, in view of the overriding
effect of the provisions of the RTI Act, even though the validity of that bye-law had not
been challenged; (iii) not following the decisions of this court in Maharashtra State Board
of Secondary Education vs. Paritosh B. Sheth [1984 (4) SCC 27], Parmod Kumar Srivastava
vs. Chairman, Bihar PAC [2004 (6) SCC 714], Board of Secondary Education vs. Pavan
Ranjan P [2004 (13) SCC 383], Board of Secondary Education vs. S [2007 (1) SCC 603] and
Secretary, West Bengal Council of Higher Secondary Education vs. I Dass [2007 (8) SCC
242]; and (iv) holding that the examinee had a right to inspect his answer book under
section 3 of the RTI Act and the examining bodies like CBSE were not exempted from
disclosure of information under section 8(1)(e) of the RTI Act. The appellants contended
that they were holding the “information” (in this case, the evaluated answer books) in a
fiduciary relationship and therefore exempted under section 8(1)(e) of the RTI Act.

7. The examinees and the Central Information Commission contended that the object of
the RTI Act is to ensure maximum disclosure of information and minimum exemptions
from disclosure; that an examining body does not hold the evaluated answer books, in
any fiduciary relationship either with the student or the examiner; and that the
information sought by any examinee by way of inspection of his answer books, will not
fall under any of the exempted categories of information enumerated in section 8 of the
RTI Act. It was submitted that an examining body being a public authority holding the
‘information’, that is, the evaluated answer-books, and the inspection of answer-books
sought by the examinee being exercise of ‘right to information’ as defined under the Act,
the examinee as a citizen has the right to inspect the answer-books and take certified
copies thereof. It was also submitted that having regard to section 22 of the RTI Act, the
provisions of the said Act will have effect notwithstanding anything inconsistent in any
law and will prevail over any rule, regulation or bye law of the examining body barring or
prohibiting inspection of answer books.

BONDED CHILD LABOURERS

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Case study -

PUCL VS STATE OF TAMIL NADU AND OTHERS

Through this Public Litigation, the Petitioner has brought to the notice of this Court tell-
tale miseries of bonded labourers in our country and their exploitation and the necessity
of identifying and checking the practice of bonded labour AND Child labourers in this
country and to rehabilitate those who are victims of this practice.

1) To identify the bonded labourers and update the existing list of such bonded
labourers as well as to identify the villages where this practice is prevalent.
(2) To identify the employers exploiting the bonded labourers and to initiate
appropriate criminal proceedings against such employers.
(3) To extinguish/discharge any existing debt and or bonded liability and to ensure
them an alternative means of livelihood.
(4) To appoint an independent body such as a local non-political social action group
to collect independent information and details of—
(a) the prevalence of the exploitative practice of bonded labour and
(b) employers or their agents perpetrating the wilful violation of the law
by encouraging and abetting the practice of bonded labour.
(5) To provide employment to such bonded labourers as agricultural workers at the
prescribed minimum wage rate and/or provide the landless bonded labourers with
agricultural land, with a view to ensure an alternative means of livelihood.(
(6) To provide adequate shelter, food, education to the children of the bonded
labourers and medical facilities to the bonded labourers and their families as part of
a rehabilitation package.
(7) To initiate criminal prosecution against the contractors/employers or their
agents who engage bonded child labourers.

Disability rights case study

Rajeev Kumar Gupta & Others (Petitioners)

Versus

Union of India & Others ( Respondents)

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In a Landmark Judgment, Supreme Court of India has directed the Government to extend
the reservation for ‘persons with disability’ in all identified posts including Group A and
Group B, irrespective of the mode of filling up of such posts.

1. A Two Judge Bench comprising of Justices J.Chelameswar and Abhay Manohar Sapre in
Rajeev Kumar Gupta & Others Vs Union of India & Others quashed the two office
memoranda No.36035/16/91-Estt. (SCT) dated 18.02.1997 and No.36035/3/2004-Estt.
(RES) dated 29.12.2005 issued by the Department of Personnel and Training, Government
of India, terming them as illegal and inconsistent with the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995.

2.The Petitioners who are employed with Prasar Bharati Corporation of India have
approached the Court to quash the above memoranda contending that it deprive them of
the statutory benefit of reservation under the 1995 Act w.r.t. Group A and Group B posts
in Prasar Bharati.

3. Posts in Prasar Bharati are classified into four groups – A to D. Each group consists of a
number of classes of posts and in each class there are a number of posts. Certain posts
were identified by the Government of India vide notification No. 16-70/2004-DD.III dated
18.01.2007  as posts suitable for being filled up with ‘’Persons with disability’ in identified
posts; an exercise in compliance with the mandate under Section 32 of the 1995 Act.
After such identification, the ‘appropriate Government’ is mandated under Section 33 to
reserve not less than three per cent of identified posts in favour of Persons with
disabilities. Under the regulations framed under the 1990 Act, various posts (falling in
groups A to D) in Prasar Bharati are to be filled up by three different modes i.e. direct
recruitment, promotion and some posts partly by direct recruitment and partly by
promotion. Memorandum II provides for reservation in favour of ‘Persons with disability’
to the extent of three per cent in all the identified posts in Prasar Bharati, when these are
filled up by direct recruitment. However, it provides for three per cent reservation in
identified posts falling in Groups ‘C’ and ‘D’ irrespective of the mode of recruitment i.e.
whether by direct recruitment or by promotion. As a consequence, the statutory benefit
of three per cent reservation in favour of ‘Persons with disability’ is denied insofar as
identified posts in Groups ‘A’ and ‘B’ are concerned, since these posts, under relevant
regulations of Prasar Bharati are to be filled up exclusively through direct recruitment.

The issue before the Supreme Court was to test the legality of denial by the impugned
memoranda of the statutory benefit of three per cent reservation in identifiable posts

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falling in Groups A and B. The petitioners contended that it violates the State’s obligation
under Sections 32 and 33 of the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995 and subverts of the object of the said Act
enacted by Parliament inter alia to secure opportunities for full participation of persons
with disability in matters of employment.

The Government objected the Petitions mainly on the following two grounds :-

1) That the mandate of Section 33 of the 1995 Act applies only when the identified posts
are sought to be filled up by direct recruitment. Impugned memorandum-II only contains
a policy decision of the Government of India by which reservation is granted to Group C
and Group D posts even when they are sought to be filled up by the mode of promotion.
Since the policy decision restricted the reservation in promotion to identified Group C and
Group D posts, the petitioners have no right to demand reservation in promotion to
identified Group A and Group B posts.

2)That Indra Sawhney case clearly ruled that reservations be confined to recruitment at
the initial level of recruitment into government service and not at the stage of
promotions. Providing for reservation in higher level posts is constitutionally
impermissible. The respondents, therefore, argued that in light of the law laid down in
Indra Sawhney, it is constitutionally impermissible that petitioners to be given three per
cent reservation in promotions for identified Group A and Group B posts.

Repelling the first contention the Bench held that:

“Whether any post under the State is to be reserved for being filled up exclusively by some
persons belonging to any “constitutionally deserving” class of persons or otherwise is a
matter of policy choice of the State. Such a policy is either laid down by a statute or
executive orders. Various factors are to be taken into consideration for framing any policy
such as the nature of responsibilities which a particular post carries, the number of posts
available in that class and the representation already existing in that class of posts for
persons of the class to which reservation is sought to be provided and myriad other
things. But such factors ought to be germane to purposes sought to be achieved by the
policy apart from being relevant in the context of the scheme of Articles 14 and 16 of the
Constitution. The same principles of law apply even to the question, as to the mode of
filling up of any post or class of posts”. Regarding the Second contention about the
applicability of the prohibition on reservation in promotions as propounded by Indra

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Sawhney Judgment, the Bench held as follows: “The Indra Sawhney ruling arose in the
context of reservations in favour of backward classes of citizens falling within the sweep
of Article 16(4). The principle laid down in Indra Sawhney is applicable only when the
State seeks to give preferential treatment in the matter of employment under State to
certain classes of citizens identified to be a backward class. Article 16(4) does not disable
the State from providing differential treatment (reservations) to other classes of citizens
under Article 16(1) if they otherwise deserve such treatment. However, for creating such
preferential treatment under law, consistent with the mandate of Article 16(1), the State
cannot choose any one of the factors such as caste, religion etc. mentioned in Article 16(1)
as the basis. The basis for providing reservation for Persons with disabilities is physical
disability and not any of the criteria forbidden under Article 16(1). Therefore, the rule of
no reservation in promotions as laid down in Indra Sawhney has clearly and normatively
no application to the ‘Persons with disabilities’.

Finally the Court has declared the impugned memoranda as illegal and inconsistent with
the 1995 Act. Court has direct the Government to extend three percent reservation to
Persons with disabilities in all identified posts in Group A and Group B, irrespective of
the mode of filling up of such post.

LABOUR RIGHTS

CASE STUDY –

GIRNI KAMGAR SANGHARSH SAMITI Vs MATULYA MILLS LTD.

(Bench: H Gokhale, V Tahilramani)

FACTS:

1. Both these notices of motion are taken out by the petitioner-trade union. The
respondent no. 1 is the Mill company and respondent no. 2 is the director. Both
these motions seek to espouse the cause of 660 workmen of the R1- The mill
company.
2. The dispute arose from the director’s refusal to pay the 660 workmen their wages,
due with the company on account of the company incurring huge financial losses
and it going completely bankrupt.

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 3. The director pleaded before the court that, it was not a willful refusal to pay the
wages, on his part but a sheer inability to do so. He presented the company’s
accounting statements and balance sheets in front of the court which
corroborated this statement of his.
4. However, the mill workers took an opposing stand, stating this to be a violation of
their labor rights and argued that payment of wages was their legal right, now that
services were extracted out of them by the mill.

ORDER:
1. The Bombay HC in its verdict stated that, the mill’s inability to pay cannot be
made a ground by the directors to evade payments to be made to the 660 mill
workers.
2. The court ordered the company to sell all its assets in order to make the
payments.

HRLN’s CONTRIBUTION:
1. The mill workers formed a trade union in order to mobilize support against
the director. This exercise of their labor rights was vehemently opposed by
the company goons and there were frequent illegal interventions
demanding closure of the case and disbanding of the trade union.
2. HRLN ensured the sustenance of the trade union, strongly supporting their
cause, thus upholding their labor rights.
3. It also took drastic measures to prevent undue political influences in the
judicial trial of this case.

HOUSING RIGHTS

The right to housing is the economic, social and cultural right to adequate housing and
shelter. It is recognised in many national constitutions and in the Universal Declaration of
Human Rights and International Covenant on Economic, Social and Cultural Rights. The
right to housing is recognised in a number of international human rights instruments.
Article 25 of the Universal Declaration of Human Rights recognises the right to housing as
part of the right to an adequate standard of living.
Article 11(1) of the International Covenant on Economic, Social and Cultural Rights
(ICESCR) also guarantees the right to housing as part of the right to an adequate standard
of living.
In international human rights law the right to housing is regarded as a freestanding right.
This was clarified in the 1991 General Comment no 4 on Adequate Housing by the UN

20
Committee on Economic, Social and Cultural Rights. The general comment provides an
authoritative interpretation of the right to housing in legal terms under international law.
The right to adequate housing has been widely recognized and accepted as a pat of the
right to life by international community as well as in India. Despite having ensconced the
right to housing as a part of the larger right to human dignity, right to equality, social and
economic rights, the basic provisions, which form the spirit of right to housing are
blatantly violated all across the country. The objective of the initiative is to monitor and
stop illegal/ forced evictions and network with other organizations to evolve a joint action
campaign ensuring ‘right to Housing’ is at forefront. Major Impacts
There have been increasing demolitions and evictions in short or no notices and mostly
without providing an alternative accommodation. HRLN unit Gujarat has been successful
in housing rights litigation and has obtained a series of orders from Gujarat High Court
requiring slum dwellers to be resettled and rehabilitated. In the case of Relief Road
Housing Society Association Vs. State of Maharashtra and Ors a remarkable judgement
was passed by the Bombay High Court which ordered for a high power committee to
formulate a policy for the rehabilitation of slum dwellers.
In name of development it is often the poor and marginalised who are paying the price. A
petition filed in the Bombay High Court by HRLN on behalf of NAPM seeks rehabilitation
of slum dwellers irrespective of any cut of dates set by the government it also challenges
Maharashtra Slums Areas Act . (NAPM vs State of Maharashtra & Ors. )
Our team of lawyers have been successful in getting stay on demolition in Gujarat in a
number of cases. This directly affects the three lakh urban poor who reside in the slum in
the city of Ahemdabad. In the case of Jan Sangarsh Manch vs State of Gujarat & Ors we
have been successful in getting protection for the slum dwellers. Similarly a petition
before the Gujarat High Court prays for rehabilitation for a series of cases. After HRLN’s
intervention High Court granted stay on demolition tll the time rehabilitation sites are not
made available. (Jan Snagarsh Manch vs State of Gujarat & Ors )

CASE STUDY-
Jhuggi Jhopri EktaManch vs. Metropolitan Corporation of Delhi &Anr.
A community of jhuggi dwellers resided on the banks of a nala in East Kidwai Nagar for
many years. On 13th January 2009, with no prior notice, the Municipal Corporation of
Delhi (MCD) arrived with bulldozers and demolished a number of jhuggies in this
community. The residents were told that this was done to make way for the
Commonwealth Games in 2010, but to date, nothing has been done with the land in
question. A number of residents remain in the area and continue living in temporary
jhuggies.
Residents pursued their complaints for several years through the public grievance
hearings, but having received no relief, HRLN filed a PIL with Jhuggi Jhopri EktaManch, an
NGO that works on behalf of jhuggi dwellers, in September of 2011. After several
hearings, the Delhi High Court disponsed of the petition when the MCD submitted a
survey of the residents they had done. Expecting the MCD to use this survey to make

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rehabilitation eligibility determinations and then provide the required rehabilitation, the
residents waited. However, nothing happened.
While the Delhi High Court was on vacation, on Saturday, June 9th, 2012, the MCD
returned to the area with bulldozers to demolish the remaining jhuggies. The residents
were able to get the MCD officials to hold off for two days, but they told the residents
they would return on Monday to complete the demolition. HRLN filed an emergency
application in the previously disposed of PIL before the vacation bench of the Delhi High
Court on Monday, 11th June. The High Court indicated that it wanted the matter to be
filed as a fresh PIL, and gave the residents a 1 week protective stay order.
However, the court order was not available immediately. The MCD returned on 13thJune,
2012 with bulldozers, officials and police to begin the demolition. Residents and activists
working with the Petitioner pleaded with them to delay and tried to explain that the High
Court had passed a protective order, but the MCD officials stated that without seeing a
copy of the order, they would demolish regardless. Through sheer luck, the Petitioners
were able to get a copy of the order from the High Court around noon and raced back to
the site just in time to prevent the demolition.
The fresh PIL was filed on 14th June, and at a hearing on 18th June, and the matter was
listed for hearing on 20th September 2012, with counsel for MCD agreeing not to take
any demolition action till then.

ATROCITIES NEWS MONITORING THROUGH

MEDIA

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 Information about Pil
“Public interest Litigation is litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the interest of public at large
is affected can be redressed by filing a Public Interest Litigation in a court of
law.
PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It
has been interpreted by judges to consider the intent of public at large.

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Although, the main and only focus of such litigation is “Public Interest” there
are various areas where a PUBLIC INTEREST LITIGATION can be filed.

WHO CAN FILE A PUBLIC INTEREST LITIGATION

In normal cases, it is seen that the aggrieved party i.e. the victim, who is
affected has to file his case in a court of law. That person should have an
interest in the dispute. But in filing of Public Interest Litigation there is no
such condition. Any person can file a Public Interest Litigation. The only
condition being that the same has to be filed n Public Interest. Public Interest
Litigation is litigation introduced in a court of law, not by the aggrieved party
but by the court itself or by any other private party. It is not necessary, for
the exercise of the court’s jurisdiction, that the person who is the victim of
the violation of his or her right should personally approach the court. Public
Interest Litigation is the power given to the public by courts to protect
interest of public at large.

Such cases may occur when the victim does not have the necessary
resources to commence litigation or his freedom to move court has been
suppressed or encroached upon. The court can itself take cognizance of the
matter and precede suo motu or cases can commence on the petition of any
public-spirited individual.

ORIGIN OF PUBLIC INTEREST LITIGATION ( PIL)

The term “PIL” originated in the United States in the mid-1980s. Since the
nineteenth century, various movements in that country had contributed to
public interest law, which was part of the legal aid movement. The first legal
aid office was established in New York in 1876. In the 1960s the PIL
movement began to receive financial support from the office of Economic
Opportunity, This encouraged lawyers and public spirited persons to take up
cases of the under-privileged and fight against dangers to environment and
public health and exploitation of consumers and the weaker sections.

 
HISTORY OF PIL IN INDIA
PIL had begun in India towards the end of 1970s and came into full bloom in
the 80s. Justice V.R. Krishna Iyer and Justice PM. Bhagwati, honourable

26
Judges of the Supreme Court of India delievred landmark judgements which
opened up new vistas in PIL.

OBJECTIVES OF PIL
According to Justice V.R. Krishna Iyer, PIL is a process, of obtaining justice for
the people, of voicing people’s grievances through the legal process. The aim
of PIL is to give to the common people of this country access to the courts to
obtain legal redress.

PROCEDURE TO FILE A PIL IN THE HIGH COURT

Any public spirited citizen can move/approach the court for the public cause
(in the interests of the public or public welfare) by filing a petition:

1. In Supreme Court under Art.32 of the Constitution;

2. In High Court under Art.226 of the Constitution; and
3. In the Court of Magistrate under Sec.133, Cr. P.C.
With the view to regulate the abuse of PIL the apex court it has framed
certain guidelines (to govern the management and disposal of PILs.) The
court must be careful to see that the petitioner who approaches it is acting
bona fide and not for personal gain, private profit or political or other
oblique considerations. The court should not allow its process to be abused
by politicians and others to delay legitimate administrative action or to gain
political objectives.

At present, the court can treat a letter as a writ petition and take action
upon it. But, it is not every letter which may be treated as a writ petition by
the court. The court would be justified in treating the letter as a writ petition
only in the following cases-

(i) It is only where the letter is addressed by an aggrieved person or

(ii) A public spirited individual or

(iii) A social action group for enforcement of the constitutional or the legal
rights of a person in custody or of a class or group of persons who by reason
of poverty, disability or socially or economically disadvantaged position find
it difficult to approach the court for redress.

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Even though it is very much essential to curb the misuse and abuse of PIL,
any move by the government to regulate the PIL results in widespread
protests from those who are not aware of its abuse and equate any form of
regulation with erosion of their fundamental rights. Under these
circumstances the Supreme Court of India is required to step in by
incorporating safe guards provided by the Civil Procedure Code in matters of
stay orders /injunctions in the arena of PIL.

  PIL is a tool in hands of public spirited citizens who have a good motive
behind the PIL and to prevent it from becoming a weapon in the hands of
those litigants who want to either misuse this concept for either commercial
gain or publicity the apex court has time and again laid down various
guidelines and by imposing costs on the frivolous public interest litigation the
courts have only strengthened their stance.

Information about FIR

A First Information Report (FIR) is a written document prepared

by police organizations in  India, when they receive information about the
commission of a cognizable offence. It is generally a complaint lodged with
the police by the victim of a cognizable offense or by someone on his or her
behalf, but anyone can make such a report either orally or in writing to the
police.
For a non cognizable offense a Community Service Register is created &
registered.
FIR is an important document because it sets the process of criminal justice
in motion. It is only after the FIR is registered in the police station that the
police take up investigation of the case. Anyone who knows about the
commission of a cognizable offence, including police officers, can file an FIR.

PROCEDURE FOR LODGING FIRST INFORMATION REPORT

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 (F.I.R.) The FIR is lodged by the Station House Officer (SHO) of a Police
Station on the basis of receipt of information about the commission of a
cognizable offence in the jurisdiction of his Police Station. No FIR is lodged
with regard to commission of an offence, which is non-cognizable. However,
a noncognizable offence can be investigated alongwith a cognizable offence,
if it has been committed along with cognizable offence. For more details
about cognizable/non-cognizable offences,

Sections 154 and 155 Cr.P.C. are reproduced below:-

Section 154 Cr.P.C. : Information in cognizable cases : (1) Every information

relating to the commission of a cognizable offence, if given orally to an
officer in-charge of a police station, shall be reduced to writing by him or
under his direction, and be read over to the informant; and very such
information, whether given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State
government may prescribe in this behalf. (2) A copy of the information as
recorded under sub-section (I) shall be given forthwith, free of cost, to the
informant. (3) Any person aggrieved by a refusal on the part of an officer in-
charge of a police station to record the information referred to in sub-
section (I) may send the substance of such information , in writing and by
post, to the Superintendent of Police concerned who, if satisfied that such
information disclose the commission of a cognizable offence, shall either
investigate the case himself or direct an investigation to be made by any
police officer subordinate to him, in the manner provided by this Code, and
such officer shall have all the powers of an officer in-charge of the police
station in relation to that offence.

Section 155 Cr. P.C. : Information as to non-cognizable cases and

investigation of such cases (1) When information is given to an officer in-
charge of a police station of the commission within the limits of such station
of a non-cognizable offence, he shall enter or cause to be entered the

29
substance of the information in a book to be kept by such officer in such
form as the State Government may prescribe in this behalf, and refer the
informant to the Magistrate. (2) No police officer shall investigate a non-
cognizable case without the order of a Magistrate having power to try such
case or commit the case for trial. CHANDIGARH ADMINISTRATION
CHANDIGARH POLICE e-JAN SAMPARK e -JAN SAMPARK : Information
Gateway of Chandigarh Administration Page : 2 of 2 (3) Any police officer
receiving such order may exercise the same powers in respect of the
investigation (except the power to arrest without warrant) as an officer-in-
charge of a police station may exercise in a cognizable case (4) Where a case
relates to two or more offences of which at least one is cognizable, the case
shall be deemed to be a cognizable case, not with standing that the other
offences are non-cognizable.

Visit to lok adalat and information about lok

adalat

NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one
of the alternative dispute redressal mechanisms, it is a forum where disputes/cases
pending in the court of law or at pre-litigation stage are settled/ compromised amicably.
Lok Adalats have been given statutory status under the Legal Services Authorities Act,
1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a
decree of a civil court and is final and binding on all parties and no appeal against such an
award lies before any court of law. If the parties are not satisfied with the award of the

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Lok Adalat though there is no provision for an appeal against such an award, but they are
free to initiate litigation by approaching the court of appropriate jurisdiction by filing a
case by following the required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in
the court of law is referred to the Lok Adalat and is settled subsequently, the court fee
originally paid in the court on the complaints/petition is also refunded back to the parties.
The persons deciding the cases in the Lok Adalats are called the Members of the Lok
Adalats, they have the role of statutory conciliators only and do not have any judicial role;
therefore they can only persuade the parties to come to a conclusion for settling the
dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the
parties to compromise or settle cases or matters either directly or indirectly. The Lok
Adalat shall not decide the matter so referred at its own instance, instead the same would
be decided on the basis of the compromise or settlement between the parties. The
members shall assist the parties in an independent and impartial manner in their attempt
to reach amicable settlement of their dispute.

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.

2. Any dispute which has not been brought before any court and is likely to be filed
before the court.

Provided that any matter relating to an offence not compoundable under the law shall
not be settled in Lok Adalat.

Which Lok Adalat to be Approached

As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in respect of -

(1) Any case pending before; or

(2) Any matter which is falling within the jurisdiction of, and is not brought before, any
court for which the Lok Adalat is organised.

Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to
divorce or matters relating to an offence not compoundable under any law.

How to Get the Case Referred to the Lok Adalat for Settlement

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(A) Case pending before the court.

(B) Any dispute at pre-litigative stage.

The State Legal Services Authority or District Legal Services Authority as the case may be
on receipt of an application from any one of the parties at a pre-litigation stage may refer
such matter to the Lok Adalat for amicable settlement of the dispute for which notice
would then be issued to the other party.

Levels and Composition of Lok Adalats:

At the State Authority Level -

The Member Secretary of the State Legal Services Authority organizing the Lok Adalat
would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired
judge of the High Court or a sitting or retired judicial officer and any one or both of- a
member from the legal profession; a social worker engaged in the upliftment of the
weaker sections and interested in the implementation of legal services schemes or
programmes.

At High Court Level -

The Secretary of the High Court Legal Services Committee would constitute benches of
the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court and
any one or both of- a member from the legal profession; a social worker engaged in the
upliftment of the weaker sections and interested in the implementation of legal services
schemes or programmes.

At District Level -

The Secretary of the District Legal Services Authority organizing the Lok Adalat would
constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial
officer and any one or both of either a member from the legal profession; and/or a social
worker engaged in the upliftment of the weaker sections and interested in the
implementation of legal services schemes or programmes or a person engaged in para-
legal activities of the area, preferably a woman.

At Taluk Level -

The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would
constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial
officer and any one or both of either a member from the legal profession; and/or a social

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worker engaged in the upliftment of the weaker sections and interested in the
implementation of legal services schemes or programmes or a person engaged in para-
legal activities of the area, preferably a woman.

National Lok Adalat

National Level Lok Adalats are held for at regular intervals where on a single day Lok
Adalats are held throughout the country, in all the courts right from the Supreme Court
till the Taluk Levels wherein cases are disposed off in huge numbers. From February 2015,
National Lok Adalats are being held on a specific subject matter every month.

Permanent Lok Adalat

The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B
of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as
permanent bodies with a Chairman and two members for providing compulsory pre-
litigative mechanism for conciliation and settlement of cases relating to Public Utility
Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a
settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided,
the dispute does not relate to any offence. Further, the Award of the Permanent Lok
Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats
is upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok
Adalat has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is
final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a
manner as it considers appropriate, taking into account the circumstances of the case,
wishes of the parties like requests to hear oral statements, speedy settlement of dispute
etc.

Mobile Lok Adalats are also organized in various parts of the country which travel from
one location to another to resolve disputes in order to facilitate the resolution of disputes
through this mechanism.

As on 30.09.2015, more than 15.14 lakhs Lok Adalats have been organized in the country
since its inception. More than 8.25 crore cases have been settled by this mechanism so
far.

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Brief about fact – finding based on dalit rights
Through atrocities news monitoring by media, an activity by HRLN supervisor. We came
to know about large of cases related to SCand ST in Madhya Pradesh. We also came to
know that the existing rules which are binding have less effect on people.

So for some advancement in these rules our supervisor asked to find out case related to
SC& ST IN recent time. Through monitoring through Hindustan times news paper we
came to know about the case related to discrimination in bhilwadia village in Shajapur
district .

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After getting the case we were asked by supervisor to go through the case thoroughly as
HRLN want to file an PIL for same cause, he also arranged field visit on 17th November for
fact finding. We were also advised to go through administration and political arrangement
of shajapur district.

After some investigation and research about geographical location about Bhilwadia and
sahjapur district we visited Bhilwadia village on 17 th for fact finding.Bhilwadia is 160 kms
away from Bhopal so we started journey at 6:00 am & reached at 10:00 am. We formed a
team of two for fact finding.one team worked with sarpanch and village while other with
victim

Facts of case in brief

Team –A

 The victim Kishore Lal Saurashtriya ( son of Tulsi Ram Saurashtriya) who belongs
to bali tribe of scheduled caste has been living in bhilwadiya village since 30 years.
On 8th October mother of Kishore lal saurashtiya died due to pre long illness at
the age of 65 years.

 On 9th October the corpse of his mother was taken to crimination ground which is
actually a left over piece of land and which is surrounded by sewage drains.
 People belongs to lower caste were not allowed to use the crimination grounds of
rajputs.while crimination ground of rajputs has all facilities while other have no
facilities
 Persons from lower caste were not allowed to visit the temple (swarnam temple).
 Upper caste & lower caste have different priests for crimination purpose.
 He illustrated that this things has been followed since ages and hence he is also
following it.
 According to Kishore lal the complaint filed by him against discrimination was by
mistake that he took extreme step and filled the complaint also he pronounced
that there were no discrimination against him and any other person in the village.

Team-B

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 Durbar Singh Solanki is the Sarpanch of bhilwadia village .He was administrative
head and leader of panchayat. During interview he with denied any kind of
untouchability practices in the village based on any grounds.

 According to Sarpanch, they had an alternative way to reach the cremation

ground but the lower castes denied this saying that the alternative way was not
feasible.
 The reason for the poor condition of the cremation ground of the Dalits
responded saying that the reason behind this is the lack of funds.
 When asked about restriction of entry of ST and SC in Sharna mandir. Sarpanch
replied that since ages the person from lower caste does not visit swarna mandir
and hence it become ritual of lower cate of not visiting swarna mandir.

Findings

 Clear demarcation in settlement could be seen between the "swarnas " and
the SC& ST.
 People of both the caste groups shared water from the same water source of a
hand pump but water line of SC& ST passes through drainage.
 Two separate crematorium for the upper caste and lower caste groups with
the latter being grossly underdeveloped with almost negligible infrastructure
and with no proper set up for the performance of the last rites.
 Two different priests are appointed to perform last rites at these two
crematorium wherein, the priest performing the ceremony of the SC & ST
can't do the same for the upper caste groups.
 Schools up to class 8th. No discrimination based on caste being followed. All
students study and dine together although an interview revealed of a minor
harassment being done to the SC & ST students at the time of admissions.
 Composition of village population = Rajputs+ SC & ST+ Muslims, with the
Rajputs being the majority group.

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 Lack of proper implementation of govt. schemes like "PRADHAN MANTRI
GRAM SADAK YOJNA" and flawed PDS.
 Means of livelihood for most families is farming. Other than that, people work
as labourers on farms of others, indulge in cattle rearing and some also work
as domestic servants.
 Entry in temples is not allowed for the SC & ST.
 Awfully unhygienic sanitation facilities - The pipe that provided water to the
natives for daily usage passes through the sewage lines at the sides of the
roads.
 Improper management of garbage disposal by the concerned authorities.
 The Dalits accepted discrimination that has been long practised against them
as a way of living and have installed in their code of behaviour.

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