Colin Gonsalves | |
---|---|
Born | 24 May 1952 |
Nationality | Indian |
Alma mater | IIT Bombay (BTech) University of Mumbai (LLB) |
Occupation(s) | Senior advocate, Supreme Court of India |
Known for | Founder, Human Rights Law Network Co-Convenor, Indian People's Tribunal Member of the Expert Group, appointed to draft the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2006 |
Awards | Right Livelihood Award |
Colin Gonsalves is a designated Senior Advocate of the Supreme Court of India and the founder of Human Rights Law Network (HRLN). He specializes in human rights protection, labour law and public interest law. He has been awarded Right Livelihood Award for the year 2017 for "his tireless and innovative use of public interest litigation over three decades to secure fundamental human rights for India’s most marginalised and vulnerable citizens." [1] Considered a pioneer in the field of public interest litigation in India, [2] he has brought several cases dealing with economic, social and cultural rights. Most of these cases, decided by the Supreme Court, have been set as precedents. [3]
Since co-founding HRLN in 1989, Colin Gonsalves and his colleagues have built the organization into India's leading public interest law group, working at the intersection of law, advocacy and policy. [4] [5] He also co-developed the Indian People's Tribunal (IPT), an independent organization headed by retired Supreme Court and High Court judges to investigate human rights violations. Fact-findings presented at the IPTs have spurred public interest litigation, formed social movements and led to concrete policy changes. [6]
Colin Gonsalves has written, edited and co-edited numerous articles and books on a range of human rights law issues. [7]
Colin Gonsalves, is a BTech (1975) from the Department of Civil Engineering, IIT Bombay. He began working as a civil engineer, but was drawn to the law through union work and concerns over labour issues and exploitation. He then started studying law at night school in 1979. [2] Upon graduation in 1983, he co-founded the India Centre for Human Rights and Law in Mumbai (Bombay) and developed it into a national network of over 200 lawyers and paralegals, activists under the auspices of the Human Rights Law Network (HRLN). [3]
Gonsalves strives to use the law as a shield to protect the human rights of the poor and of the marginalized communities in India. [8] [9] Over last two decades, he has played a prominent role in investigating, monitoring, and documenting human rights violations, generating "know your rights" material, and conducting training seminars and workshops for lawyers, activists, judges, and government officials including police and civic administrators. [10]
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. It is a relaxation on the traditional rule of locus standi. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
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