Virtual Meeting Scenario Essay Example for Free

Virtual Meeting Scenario Essay In the past, a meeting for many global companies and organizations with largely distributed partakers was challenging. For example, previously if a company called a meeting and attendees were in different locations, the business would either fly those in attendance to a central location, or hold conference calls. Today companies take advantage of technology by holding virtual meetings. According to Educause Learning Initiative â€Å"A virtual meeting is Online virtual meetings are real-time interactions that take place over the Internet using features such as audio and video, chat tools, and application sharing† (Educase Learning Initiative, 2006). In other words a virtual meeting can link meeting participants without him or her ever leaving his or her workplace. From this new innovation businesses can expand businesses and make decisions faster; however, all meeting attendees should learn to respect each other, communicate, and appreciate each other’s differences. There are several types of teams, from sports teams to debate teams and workplace teams. Workplace teams is the focus of this paper, specifically virtual teams, the individual who are a part of the team must be there to create a cooperative effort for teamwork to be present. Different obstacles can be created by virtual meetings because the individuals involved in the meeting are not face to face and only have what each other say to make his or her impressions and perceptions. The teams involved in the virtual meetings have to be open to learn, share, discuss, and seek information and knowledge. The virtual meeting scenario with Pablo, Sam and Lifang Lin, they all are from different regions and cultures. The simulation is provided by University of Phoenix (2009). The obstacles and difficulties that each individual in the simulation endures include accents, stereotypes, culture, ego and gender. There are remarks made based on one’s culture and stereotypes brought up. In the simulation it is understood that because Lifang Lin is a female that the two males seems to leave her out of conversation and not recognize that she is a part of the team. Sam, an American, made offensive comments that are very derogatory and rude. He also made a prejudice comment to Pablo that he wants to â€Å"build a higher wall along the border there so y’all meaning Mexican don’t keep coming over into America and ruining things for the rest of us,† (University of Phoenix, 2009). Sam also talks about taking â€Å"siestas† and calling him â€Å"Senor Pablo† and that he â€Å"don’t hablo espanol or anything like that. † Even though Pablo is an educated man Sam comments still make seems like he is superior to Pablo and Pablo in inferior to him. Sam is an unethical, prejudice, self-absorb, and bias person. I would not have let it the conservation get far. I would have told Sam he was unprofessional and we are here to conduct business. Pablo is from Mexico and third world country. Pablo has a big ego and he always singing his own praises and building his self-up. He always wants to take the lead, talk about how handsome he is, talk about a lot about his accomplishments, and feel he is superior to everyone else. Pablo appears to be self-centered and arrogant just from his introduction. He did show have some hostility toward Sam regarding his remarks, Pablo told Sam the topic is sensitive to him. Pablo is an egotistical person despite the how Sam stereotyped him. I would have did the same with Pablo stopped him before he made everything about himself and not the business. Lifang Lin is from China. Lifang Lin is the most professional out of them all. She needs to talk up some to Sam and Pablo and not let them bully her. She is submissive, maybe because of her culture. She appears to be somewhat shy and laid back, but she is respectful of other. She tries to makes things peaceful between everyone. She is more of a peacemaker and leader than Sam and Pablo. If I was Lifang Lin I would have ask Sam and Pablo to conduct themselves professionally and treat each other with respect.

Ernest J. Gainess Gathering of Old Men :: Essays Papers

Ernest J. Gaines's Gathering of Old Men In A Gathering of Old Men, by Ernest J. Gaines, racism plays a huge part of life in the south. When a white man is found dead; his family and friends start to gather to find the man who did this. After time these men start to drink and make a plan to kill the man; who just happened to be black. This just shows how even though the Civil was brought freedom to blacks, there is still hate towards them because of their skin color. After time the black men also start to gather at Mathu’s house (the man who murdered the white man) and they all bring twelve gauge shotguns. The sheriff arrives and asks who killed that man, and all the black men say, â€Å"it was me.† The sheriff then threatens to take them all to prison, but he cannot because he does not know who the murder is. The sheriff knowing the racism of the town; has a deputy stand on Mathus sidewalk to make sure nothing happens. As time goes by and the white men are starting to get angry the man who’s son was killed steps in and says â€Å"this cannot go on any longer.† This shows how after time color or race does not matter to people, and how after time a man is a man and a woman is a woman. This upsets the rest of the men even more because this shows them how they are not superior to the black men anymore. As time goes on the sheriff is starting to worry even more; because he knows the men have been drinking excessively. When night falls the sheriff and his men go home, praying that nothing will happen. By this time the white men are very drunk and want revenge. To the white men’s surprise when they arrive to Mathu’s house they are out numbered at least two to one. The white men realize that they are going to loose once again. When the white men start to shoot this shows how childish people are when they are not on top of the world. Ernest J. Gaines's Gathering of Old Men :: Essays Papers Ernest J. Gaines's Gathering of Old Men In A Gathering of Old Men, by Ernest J. Gaines, racism plays a huge part of life in the south. When a white man is found dead; his family and friends start to gather to find the man who did this. After time these men start to drink and make a plan to kill the man; who just happened to be black. This just shows how even though the Civil was brought freedom to blacks, there is still hate towards them because of their skin color. After time the black men also start to gather at Mathu’s house (the man who murdered the white man) and they all bring twelve gauge shotguns. The sheriff arrives and asks who killed that man, and all the black men say, â€Å"it was me.† The sheriff then threatens to take them all to prison, but he cannot because he does not know who the murder is. The sheriff knowing the racism of the town; has a deputy stand on Mathus sidewalk to make sure nothing happens. As time goes by and the white men are starting to get angry the man who’s son was killed steps in and says â€Å"this cannot go on any longer.† This shows how after time color or race does not matter to people, and how after time a man is a man and a woman is a woman. This upsets the rest of the men even more because this shows them how they are not superior to the black men anymore. As time goes on the sheriff is starting to worry even more; because he knows the men have been drinking excessively. When night falls the sheriff and his men go home, praying that nothing will happen. By this time the white men are very drunk and want revenge. To the white men’s surprise when they arrive to Mathu’s house they are out numbered at least two to one. The white men realize that they are going to loose once again. When the white men start to shoot this shows how childish people are when they are not on top of the world.

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†

William Shakespeare s The Tempest - 947 Words

In Shakespeare’s The Tempest, Caliban is the primitive monster who belongs to the bottom of the power hierarchy on the island claimed by Prospero. Caliban, the original inhabitant of the island, unwillingly becomes Prospero’s slave as he uses magic to take control of the island. Prospero sees Caliban as the savage and monster who does not acknowledge the order of civilization despite his efforts to educate him. Caliban appears as an inferior and beast-like figure from nature in the eyes of the civilized people in the play, yet his language and behavior throughout the play suggests that he maintains human emotions and adequate understanding of the civilized world, which challenges the European characters of placing him at the bottom of the island’s social structure. The text emphasizes Prospero’s perception of Caliban’s social status by reminding Caliban about his mother’s foul practice and comparing him to Prospero’s other servant, Ariel. Prospero, as the current ruler of the island, diminishes Caliban s figure depending on his mother s evilness and assures him that he cannot override that status. Prospero says that Caliban is â€Å"a freckled whelp hag-born – not honour’d with / A human shape† (I.ii.283-284). Prospero continues to treat Caliban with cruelty, and he dehumanizes Caliban’s character by his primitive and evil identity inherited from his mother. Prospero’s difference in treatment compared to Ariel again places Caliban at the bottom of the social hierarchy on theShow MoreRelatedWilliam Shakespeare s The Tempest1267 Words   |  6 Pagesaudience. During the Enlightenment Era, William Shakespeare’s writing were a form of social commentary on the English Government. Endorsed by the king, Shakespeare’s works told tales of tragedy and whimsy, incorporating both fiction and nonfiction elements. One trademark of Shakespeare s plays were the subtle allusions to the concurrent events in the English government. This is evident in his well known and final play, The Tempest. The story of The Tempest tells the tale of Prospero, a fallen dukeRead MoreWilliam Shakespeare s Tragicomedy The Tempest1935 Words   |  8 Pagesstand alone, frequently including elements from other influences. William Shakespeare’s tragicomedy The Tempest (c:1611) is a play that uses intertextuality to enhance ideas about natural order. Banished to an island, Prospero, the rightful Duke of Milan, conjures up a tempest that brings him his usurping brother, Antonio in an attempt to restore his Dukedom. The play’s amalgamation of tragicomedy and the pastoral genre allows Shakespeare to warn his audience about unbalance, criticising the lavish lifestyleRead MoreWilliam Shakespeare s The Tempest1256 Words   |  6 PagesWilliam Shakespare’s The Tempest introduces a dynamic and colorful protagonist, Prospero. Throughout the play, he establishes himself as a multi dimensional character. 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Caliban states, â€Å"This island’s mine by Sycorax my mother, (1.2.331), which means that he has i nherited this island from his mother. However, critic Stephen Orgel has argued that â€Å"Power, as Prospero presents it in the play, is not inherited but self-createdRead MoreWilliam Shakespeare s The Tempest Essay987 Words   |  4 Pagesâ€Å"The rarer action is in virtue than in vengeance† (5.1.35-36). This quote from scene five of the Tempest gives the reader a glimpse of Shakespeare’s message regarding humanity. To be human means more than to have two feet, breathe in your lungs, and the ability to communicate. To be human is a choice. Being human means showing compassion and love for those around you. In the play the Tempest, Prospero struggles with his humanity. He possesses inhuman abilities that cause him to lose sight of theRead MoreWilliam Shakespeare s The Tempest1499 Words   |  6 PagesShakespeare’s play â€Å"The Tempest† outlines many complex characters. One of which was Prospero, former Duke of Milan and powerful sorcerer. Prospero i nitially portrays a self-involved personality and God-complex but then throughout the course of the play this personality trait transpires into a more pragmatic approach to his life. All of these traits of this character makes it difficult to analyze the true character of Prospero. In the first Act of the play, we see Prospero using sorcery to drum upRead MoreWilliam Shakespeare s The Tempest1469 Words   |  6 PagesThe Tempest brings out the discussion of rule, in this play the theme of rule is prominent, especially in the beginning of the play where the conversation between Prospero and Miranda (his daughter) lead the actions of Prospero, this paper will be analysing the hierarchy of the characters, the definition of justice for Prospero and who’s the king of Milan. Prospero has magical powers which is seen later in the play, the play starts off by the telling the story of the current king and his crew onRead MoreWilliam Shakespeare s The Tempest843 Words   |  4 Pages William Shakespeare was one of the world’s greatest Renaissance era playwrights. His plays were a part of culture in Renaissance England. Everyone from King James to peasants came to see his works. However, his reign was coming to an end. With thirty eight plays written, Shakespeare decided that ‘The Tempest’ was to end his illustrious, prolific career. It is known that throughout this play the word ‘cell’ is used more frequently than in any of Shakespeare’s works. The uses of the word ‘cell’ throughout