Prior to the 1980s, only the aggrieved party could approach the courts for justice.

However, post 1980s and after the emergency era, the apex court decided to reach out to the people and hence it devised an innovative way wherein a person or a civil society group could approach the supreme court seeking legal remedies in cases where public interest is at stake.

Public Interest Litigation (PIL) was started to protect the fundamental rights of people who are poor, ignorant or in socially / economically disadvantaged position. It is different from ordinary litigation, in that it is not filed by one private person against another for the enforcement of a personal right. The presence of 'public interest' is important to file a PIL. It has the effect of making judicial process little more democratic.

A PIL can be filed when the following conditions are fulfilled:

There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority. It is for the enforcement of basic human rights of weaker sections of the community who are downtrodden, ignorant and whose fundamental and constitutional rights have been infringed. It must not be frivolous litigation by persons having vested interests.

A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate.

Any person can file a PIL provided: He is a member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury. He is not a mere busy body or a meddlesome interloper. His action is not motivated by personal gain or any other oblique consideration

A PIL may be filed like a written petition. SC has treated even letters addressed to the court as PIL. Procedure in High Court: A PIL is filed in a High court, and then two copies of the petition have to be filed. 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. Procedure In Supreme Court: If a PIL is filed in the Supreme Court, then (four + one) (i.e. five) sets of petition have to be filed. The opposite party is served the copy only when notice is issued

In the case of M.C Mehta V. Union of India (1988)1 SCC 471 Council For Environment Legal Action V. Union Of India - (1996)5 SCC281

All over the world, far from the public eye, thousands of small NGOs, help protect the natural riches of our planet and promote balance within communities by helping those most in need. Eco Friends http://www.ecofriends.org Indian Environmental Society (IES) http://www.environmentevents.org/ SEACOLOGY http://www.seacology.org

 a non-profit citizens voluntary entity organized nationally or internationally.

Defining NGOs: What the UN Says

Thus, professional associations, foundations, trade unions, religious organisations, womens and youth groups, cooperative associations, development and human rights associations, environmental protection groups, research institutes dealing with international affairs and associations of parliamentarians are considered NGOs.

NGOs are private, voluntary organizations serving a social purpose

The book primarily features NGO programs (though also some government and for-profit activities) NGOs are formal organizations within the citizen sector (or civil society), having a social purpose Governments rely on authority to achieve outcomes

 Private sector firms rely on market mechanisms to provide incentives for mutually beneficial exchange In contrast, civil society actors utilize independent voluntary efforts to promote their values and aspects of social, economic, or political development

NGOs are the equally important third leg of the stool on which development and poverty reduction rests NGOs are steadily growing in prominence

Who Are They?

Working Definition: Non-profit organizations or associations of private citizens with any common interest The common interest, for our purposes, is international humanitarian assistance activities (development and relief) May be international or local
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What do They Do?

Operational vs Advocacy
Willing to work in high risk areas; not constrained by sovereignty Emphasis on sustainability

Full integration with local population

Good positioning for disaster response
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Who Pays Them?

Funding Sources Private Donations (citizens and foundations) International Organizations (UN) National Governments Importance of Media

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NGOs in Intergovernmental Processes

4 important functions: Setting agendas Negotiating outcomes Conferring legitimacy Implementing solutions

Summary
Terminology around NGOs varies. They are defined by the UN as non-profit citizens voluntary entities organized nationally or internationally. A range of other terms are used almost interchangeably, particularly stakeholders, civil society and major groups. NGOs have been involved in the UN since its inception; the rate of involvement has grown exponentially. Different agencies of the UN have their own accreditation arrangements (see Module Seven). NGOs bring knowledge and information, new issues and expert advice to intergovernmental negotiations and can play different roles, including: