This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial institutions. Analyzing the fulfillment of the right to rood in the Indian context, we argue that successes achieved by the case are directly attributable both to distinctive aspects of the Indian Constitution and to a unique interaction between civil society, the PUCL litigation, and the Commission appointed by the Supreme Court to monitor enforcement of PUCL interim orders.
Lauren Birchfield & Jessica Corsi,
Between Starvation and Globalization: Realizing the Right to Food in India,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol31/iss4/1