Kapila Hingorani | |
---|---|
Born | 27, 1927 |
Died | 31 December 2013 |
Nationality | Indian |
Occupation | lawyer |
Known for | Prison reform |
Children | 3 |
Pushpa Kapila Hingorani was an Indian lawyer who is regarded as "Mother of Public Interest Litigation" (PIL).
As per then prevailing laws, a petition could be filed only by a victim or a relative. Kapila and her husband Nirmal Hingorani wanted to represent the undertrial prisoners in Bihar. The couple acting on a novel idea, filed a habeas corpus petition on the prisoners’ behalf before the Supreme Court of India. Two weeks after Kapila argued the case in court, the Supreme Court issued a notice to the Bihar government, which led to the release of all the victims in the case, and eventually about 40,000 undertrials across the country. The landmark case came to be known as the Hussainara Khatoon case 1979. [1] Hussainara was one of the six women prisoners. This earned her the title the "Mother of PILs". [2] [3] This case gave rise to a revolution in the Indian legal system. [4] She also revealed the Bhagalpur Blindings, resulting in the Supreme Court directing that the policemen who tortured 33 criminals be prosecuted and the victims released with medical aid and pension for life. She is the first Indian woman to have studied at Cardiff Law School. A plaque has been erected in her honour at Aberdare Hall. [5]
Kapila also undertook the petition where police had blinded 33 suspected criminals using needles and acid, after a lawyer from Bihar wrote to her about the atrocities. Eventually, the Supreme Court ordered medical aid, compensation and pension for life to all the victims. [2]
Kapila died on 31 December 2013 at the age of 86. [6]
In 2017, she became the first female lawyer with a portrait in India's Supreme Court library. [7]
Justice Vaidyanathapuram Rama Iyer Krishna Iyer was a noted judge who became a pioneer of judicial activism in India. He pioneered the legal-aid movement in the country. Before that, he was a state minister & politician. As an activist lawyer, he served jail terms for the cause of his poor and underprivileged clients. He was seen as an ardent human-rights activist. In addition, he campaigned for social justice & the environment. A sports enthusiast and a prolific author, he was conferred with the Padma Vibhushan in 1999. His judgements continue to be cited in the higher judiciary.
Mohd. Ahmed Khan v. Shah Bano Begum [1985 (1) SCALE 767 = 1985 (3) SCR 844 = 1985 (2) SCC 556 = AIR 1985 SC 945], commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered a judgment favouring maintenance given to an aggrieved divorced Muslim woman. Then the Congress government enacted a law with its most controversial aspect being the right to maintenance for the period of iddat after the divorce, and shifting the onus of maintaining her to her relatives or the Waqf Board. It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law. Indore, Madhya Pradesh, she was divorced by her husband in 1978. She filed a criminal suit in the Supreme Court of India, in which she won the right to alimony from her husband. However, the Muslim politicians mounted a campaign for the verdict's nullification. The Indian Muslims some of whom cited Qur'an to show that the judgement was in conflict with Islamic law. It triggered controversy about the extent of having different civil codes for different religions in India. This case caused the Congress government, with its absolute majority, to pass the Muslim Women Act, 1986 which diluted the judgment of the Supreme Court and restricted the right of Muslim divorcées to alimony from their former husbands for only 90 days after the divorce. However, in the later judgements including the Daniel Latifi case and Shamima Farooqui v. Shahid Khan, the Supreme Court of India interpreted the act in a manner reassuring the validity of the case and consequently upheld the Shah Bano judgement and The Muslim Women Act 1986 was nullified. Some Muslims including All India Shia Personal Law Board supported the Supreme Court's order to make the right to maintenance of a divorced Muslim wife absolute.
Public interest litigation (PIL) 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. 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.
The death penalty is a legal punishment in India, and is permissible for some crimes under the country’s main substantive penal legislation, the Indian Penal Code, 1860, as well as other laws. Currently, there are around 403 prisoners on death row in India. The most recent executions in India took place in March 2020, when the four men convicted of gangrape and murder of a young woman in Delhi in December 2012 were hanged in the Tihar Prison Complex in Delhi.
Indira Jaising is an Indian lawyer who is noted for her legal activism in promoting human right causes. In 2018 she was ranked 20th in the list of 50 Greatest Leaders of the World by Fortune magazine. She also runs an NGO with the name of Lawyers' Collective, the license of which was permanently cancelled by the Home Ministry for violations of Foreign Contribution Regulation Act. The central government of India accused the NGO of using foreign funds in a manner not mentioned in the objectives of the NGO. However, the Bombay High Court has passed the order to de-freeze the domestic accounts of her NGO.
Konakuppakatil Gopinathan Balakrishnan was the former Chairperson of the National Human Rights Commission of India. He is a former Chief Justice of India. He was the first judge from kerala to become the Chief Justice of the Supreme Court. His tenure lasting more than three years has been one of the longest in the Supreme Court of India. In 2010, he was conferred with an honorary doctorate by Cochin University of Science and Technology.
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Khusro Faramurz Rustamji, better known as K F Rustamji, is the only police officer in India thus far to have been awarded the Padma Vibhushan, India's second highest civilian award. This award has been in recognition of his multifarious achievements, including the Public Interest Litigation (PIL).
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Anand Grover is a senior lawyer known for legal activism in Indian law relating to homosexuality and HIV. Along with his wife Indira Jaising, he is a founder-member of the Lawyers Collective. He was the United Nations Special Rapporteur on the right to health from August 2008 to July 2014. He is currently and acting member of the Global Commission on Drug Policy.
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