INDICATIVE SYNOPSIS ON

TRAINING WORKSHOP FOR ADVOCATES ON

CONSTITUTIONAL LITIGATION AND HUMAN RIGHTS ADVOCACY
KOCHI, 24-27 MAY, 2014


Session 1
Constitutional Courts and Human Rights Protection: Law and Practice

1. Introduction to Constitutional Courts in India: Constitution, Status, Powers, etc.

2. Understanding Human Rights: Meaning, Evolution and Need

3. Evolution of Laws Governing Human Rights Protection in India

4. Human Rights under Part III and Part VI of the Constitution: A Harmonious Construction by
Courts

5. The Role of Courts in Protection of Human Rights: Growth Since Independence

6. Role of NGOs, Judicial Activism and PIL in the Protection of Human Rights

7. SC and HC and Human Rights Protection: Power, locus standi, Writs, doctrines, principles etc.

8. Problems faced by the present Indian Judicial System

9. Conclusions and Suggestions

Session 2
Six Decades of Constitutional Law: An Assessment through Landmark Cases

1. Introduction
Definition: Human Rights
Historical Development and Recognition of Human Rights

2. Constitution and Human Right Protection
Specific Provisions for Protection of Human Rights
Challenges in Implementing the Provisions
Scope of Article 21
Maneka Gandhi's case

3. Human Rights - Not Limited to Chapter III of the Constitution.

4. Changes brought by the Landmark Cases:

Bonded Labour
Arrest and Detention
Handcuffing/Chaining
Bail and Bonds
Sexual Harassment
Miscellaneous

5. Areas where Further Change is required
Prostitution
Human trafficking
HIV Patient
Transgender
Death Sentence and Delay in Death Penalty
Neuro Science and Human rights of the Accused

6. Conclusion


Session 3
Litigating Right to Equality

1. Introduction

2. Preamble and Part III: A Gateway to Basic Structure

3. Equality Before Law and Equal Protection of Laws

4. Administrative Discretion

5. Women and Children

6. Backward Classes

7. Abolition of Untouchability and Titles

8. Conclusion

Session 4
Combating Corruption through Constitutional Courts

1. Introduction to the Concept of Corruption and different kinds of Corruption.

2. Introduction to Human Rights

3. Corruption and Human Rights in India

4. Corruption and Human Rights Violation.

5. Role of Corruption in Shaping Judicial Decisions against Human Rights

6. Measures taken and needed for safeguarding Human Rights

Session 5
Personal Liberty Litigation- Scope & Issues

1. Introduction
Definition
Importance
Evolution

2. Old position
A.K.Gopalan v. State of Madras (overruled by R.C. Cooper v. Union of India)

3. New Dimension after the case of Maneka Gandhi v. Union of India
Olga Tellis v. Bombay Municipal Corporation.
Francis Coralie Mullin v. The Administrator, Unioin Territory of Delhi.
Bandhua Mukti Morcha v. Union of India
Unni Krishnan v. State of A.P.
S.S Ahuwalia v. Union of India
Javed v. State of Haryana
A.K. Bindal v. Union of India

3. Denial of Personal Liberty under Article 19 of Constitution of India

4. An insight into Article 20 and 22 of the Constitution of India

6. Related International Law & Human Rights Issue

7. Other Provisions of Law
Maintenance of Internal Security Act (A.D.M Jabalpur v. Shivkant Shukla and Union of
India v. Bhanudas Krishna Gawde)
The Preventive Detention Act, 1950.

8. Scope of Article 21
Domiciliary visits by Police violates Personal Liberty (Kharak Singh v. State of U.P and Govind
v. State of M.P)
Personal Liberty includes right to Travel Abroad (Satwant Singh v. Assistant Passport Officer,
New Delhi)
Rights of Bonded Laborers (Neeraja Choudhary v. State of M.P.)
State of Maharashtra v. Prabhakar Pandurang
Denial of bail amounts to violation of Article 21 (Babu Singh v. State of U.P)
Right to Privacy is a part of Personal Liberty (Malak Singh v. State of Punjab)
Imprisonment of Poor Person for Non-payment of Debt amounts to Infringement of Right
to Personal Liberty (Jolly George Verghese v. Bank of Cochin)
Compensation to Paid to Prisoners Illegally Detained (Rudal Shah v. State of Bihar and Bhim
Singh v. State of J&K)
Rape of a Bangladeshi woman by railway employees at Howrah station, Calcutta was held to
be deprivation of personal liberty

9. Introduction of Public Interest Litigation to protect the Fundamental Right (Hussainara Khatoon v.
State of Bihar)

10. Writ Petition & Article 21

11. Conclusion and Scope for More Change

Session 6
Activism and Restraint on Human Rights: Limits of Judicial Power

1. Introduction

2. Concept of Judicial Activism
Meaning of Judicial Activism
Development of Judicial Judicial Activism
Scope, Extent and Limitations

3. Development of Judicial Activism and Judicial Creativity in Human Rights
Expansion of scope of Human Rights
Enhanced protection of Human Rights as a result of Judicial creativity
Landmark decisions

4. Judicial Restraint
Limitations on exercise of rights
Limits on power exercised by judiciary

5. Conclusion

Session 7
Public Interest Litigation in Human Rights Litigation

1. Introduction

2. Evolution of the PIL in India and the factors that gave an Impetus to the growth of PIL in
India

3. Positive Contributions and Achievements through PIL in Human Rights Litigation (through
examples of case law)

4. Negative Impacts or the Abuse of PIL as the use of the same became a routine procedure,
leading to PILs being filed for Frivolous Purposes (through examples of case law)

5. The Direction in which the law should move to Achieve a Balance Between Continuing use of
PIL to Further Positive causes, and at the same time Preventing its Abuse and Loss of Value.

6. Conclusion

Session 8
Judicial Enforcement of Socio-Economic Rights

1. Introduction

2. The nexus of judicial review and the ambit of socio economic interest

3. Purview of the Indian judiciary

4. Position in UK and USA

5. Comparative Analysis of laws in India, UK and USA.

6. Conclusion

Session 9
Minority Rights Advocacy and Constitutional Litigation

1. Introduction

2. Carving a Niche: Seeking a Meaning of Minority Rights Advocacy
What are Minority Rights?
A Separate Regimen for Protection to these Groups
Who can qualify as a Minority?
Various examples of Minorities based on Caste, Sex, Place of Birth, and Work etc.

3. Administrative Mechanism of the Judicial/Quasi Judicial Bodies
Various Commissions and Institutions
Judicial Machinery
National and International Legal Safeguards and Guidelines for Minority Group Protection.
Transnational Human Rights, Enviro-Legal and Feministic Approaches.

4. Constitutional Machinery
Public Interest/ Social Interest Litigation as a tool for Social Justice.
Judicial Moldings, Procedure and Relief

5. Ground Realities

6. Conclusion

Session 10
Enlarging Access and Expediting Procedures:
Role of Lawyers and Judges in Court & Case Management

1. Loopholes in the present legal system: Justice delayed, justice denied.

2. Management Practices in The Judiciary: Case Management

3. Past attempts and Present Efforts of Case Management

4. Court Management & Administrative Skills: Its Stakeholders and Advantages

5. Role of Judges as managers, Lawyers and Litigants in Case Management and Human Rights
Protection

6. Role of Case Management in Human Rights Protection: Speedy Justice a facet to Human
Rights

7. Conclusion and Suggestions: Use of Technology, Court Registry as a participant etc.