Strategies

Legal Aid

HRLN offers quick-response, low-cost and pro-bono legal aid to those who would otherwise not have access to the Indian justice system due to socio-economic barriers. Our work involves a judicious mix of litigation– the Labour Courts, the Family Courts, the Criminal Courts – along with cases in the High Courts and the Supreme Court of India. We undertake routine individual litigation as such cases often lead to setting precedents in Indian law. Individual litigation is also a process by which lawyers remain in touch with the ground realities faced by millions in need of support. Over the years, HRLN has successfully provided legal aid to thousands of individuals across the country.

Legal Counseling and Legal Helplines

HRLN has established helplines and legal aid clinics across the country that provide legal advice and regular legal counseling, in person or via the telephone. Occasionally, a client’s problems are resolved at this stage, however, in many instances, HRLN advocates support the client as they proceed to file a case in court. Therefore, HRLN advocates support victims from the very beginning, to the point of gaining final orders in a case, and beyond.

Public Interest Litigation (PIL)

PIL is a unique and progressive aspect of the Indian judicial system. Developed in the 1980s by an activist judiciary, it loosened the traditional approach towards standing to sue and the gathering of evidence in certain circumstances, and made possible class action litigation on behalf of the poor. Any person acting bonafide could file a petition in the High Courts and Supreme Court for the enforcement of the fundamental rights of the poor. The Court could even act suo-moto (on it’s own without a petition being filed). The proceedings were termed non-adversarial, as it was the duty of the state to enforce fundamental rights.

HRLN files PILs in both high courts and the Supreme Court of India. We found that interventions at the level of the Supreme Court are capable of making unprecedented changes in retrogressive State policies – thereby bringing relief to millions. HRLN has successfully used public interest litigation to bring relief to large segments of the population, in particular through the ‘right to food’ case, the largest class action petition in the world. This case has successfully established the right to food as a fundamental human right, bringing relief to millions across the country.

Training, Consultations, and Judicial Colloquia

The Centre for Constitutional Rights India, a branch of the Human Rights Law Network, takes legal education as a mission. HRLN lawyers and activists conduct legal workshops and seminars, which are designed to promote an understanding of laws and the working of the legal system; equip individuals and organizations to access the justice system; and discuss effective strategies to prevent violations. These programmes are organized for students, lawyers, activists, government officials, and the police amongst others. We also organize judicial colloquia to update the judiciary on the latest development in human rights and international law, and expose judges to issues that are faced by people who don’t have access to the legal system. Please click here for more details.

Publications and Communications

HRLN recognizes that there is a critical gap between the justice system and the people, primarily because the complicated legal jargon of the law is inaccessible to the majority population. Therefore, creating an understanding amongst people of their rights is the first step in providing access to justice. To this end, HRLN publishes 'know your rights' material including books, reports and posters. These publications aim to simplify and make accessible important developments in human rights and law in India.

Our books are compilations of important judgments and case law, and include analysis of the use of laws and commentaries on the response of the legal system. We have produced a number of short films that promote debate and mobilise opinion around the campaign for human rights, which are available to the general public through YouTube as well as on DVDs.. Posters compile legal information around an issue and present it in a comprehensive yet easy-to-understand style for a mass audience. Many of our publications are in vernacular languages. We blog, use facebook, and other forms of social media to disseminate our message. Our bi-monthly magazine, Combat Law, is one of the country’s finest journals of human rights law. To learn more about our publications and communications strategies, visit our publications page.

Campaigning

There is a direct link between HRLN’s public interest petitions and its campaigns. The latter creates awareness about issues, facilitates the dissemination of orders passed by the courts, and makes the change-process participatory. This approach sends a message to the judiciary that society is concerned about the outcomes of the cases; therefore it must be responsive to society’s needs. Campaigns form a consultative process through which civil society monitors the progress of a case and the performance of lawyers – providing crucial information and support. The dynamic interplay between campaigns promotes transparency and accountability both in and outside the court.

Advocacy

HRLN is a strong advocate for laws and policies that promote and defend human rights. An important part of our work also involves advocacy against legislation that undermine human rights. In crucial areas where legislation is lacking or requires amendments, HRLN has pioneered efforts to formulate laws and policies. Our advocacy has provoked countrywide debates on issues from a people’s perspective, which have sensitized the government, judiciary, and the general public.

Solidarity and movement building

Working in solidarity across units, partner organizations, sectors, states and countries is core to the success of HRLN’s work. Working and exchanfing information with different human rights movements across the country and abroad enriches our collective corpus of knowledge—thereby opening up possibilities of further legal aid and collective action. HRLN is shoulder-to- shoulder with national and international initiatives for peace, rule of law and democracy.

Fact-finding, Crisis Response, and Monitoring

HRLN, in collaboration with local groups, sends out investigative fact-finding teams on the basis of newspaper reports or upon the receipt of information, to visit the area and talk to people that are facing discrimination or whose rights have been violated. In many instances, we file cases on the basis of evidence collected through such fact findings.

In response to crisis situations such as natural disasters; atrocities against Dalits; communal conflicts; displacement; starvation deaths; farmer suicides, etc., HRLN sets up legal aid teams in affected areas that assist affected populations and hold the government responsible for effective crisis response.

HRLN also undertakes monitoring and evaluation of government schemes and policies, and routinely files cases in sitations where people are denied their rights.

Indian/ Independent People’s Tribunals (IPTs)

The Indian/ Independent People’s Tribunal conducts fair and credible investigations, focusing on issues concerning human rights and environmental justice. The IPT is positioned as an alternative ‘people’s court’ that gives voice to the struggles of grassroots organizations and affected communities.

IPT works through a large network of judges, lawyers, human rights activists and experts. In its nature and structure IPT endeavors to strengthen the processes of local governance and democracy. It helps to highlight human rights and environmental violations by both state and private parties with the goal of seeking redressal and changing policy. To learn more about the IPT, visit our website at http://www.iptindia.org/