Public Interest Litigation: What is It and Why is It Important?
A case brought before a court with the aim to defend, uphold, or enforce the public interest is a public interest litigation (PIL). The term "public interest" refers to a group of people's, society's, or a certain class of people's rights and interests. PILs are filed to address issues that impact a community's or the public's overall legal rights as a whole. In this article, we will talk about the concept of PILs in detail.
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What is Public Interest Litigation?
A Public Interest Litigation (PIL) is not defined by any law, statute, or act. It is brought before the courts in line with the Indian Constitution in order to protect the people's rights and promote the general welfare. The PIL concept in India was inspired by the authority of judicial review. Instead of the person who feels offended, a private individual who cares about the welfare of the public and the growth of society files a PIL with the court. Any issue that affects the public interest, including pollution, construction hazards, road safety, terrorism, neglect of children, atrocities against females, bonded labour, exploitation of casual workers, failure to pay minimum wages, food adulteration, disruption of ecological balance, preservation of culture and heritage, etc., can be the core subject of a Public Interest Litigation (PIL).
History of Public Interest Litigation in India
In the well-known "Hussainara Khatoon" case, which took place in 1979, Kapila Hingorani petitioned for the release of around 40,000 undertrials from Patna's prisons. Hingorani practiced law. A bench headed by Justice P N Bhagwati heard this case when it was filed in the Supreme Court. Due to this victorious litigation, Hingorani is referred to be the "Mother of PILs." PILs are now a permanent fixture in Indian jurisprudence since the court allowed Hingorani to continue a case in which she lacked personal standing. Justice Bhagwati made significant contributions to the articulation of the PIL idea. He even accepted regular letters from people with good intentions as writ petitions and did not insist on following procedural formalities. Among the first justices in the nation to accept PILs were Justices Bhagwati and V R Krishna Iyer.
Features of Public Interest Litigation
PILs have developed into a powerful instrument for upholding the legislative and executive branches' legal duties.
Ensuring justice for all and advancing the welfare of the populace are the main goals of PILs.
Generally speaking, it is employed to protect collective interests rather than individual ones, for which the Fundamental Rights have been established.
PILs may be filed by the High Courts and the Supreme Court of India.
The locus standi principle, which states that only the person or party whose rights have been violated may file a petition, has been weakened by the idea of PILs.
It has most frequently and ideally been used to assess the legality of a public body's decision, action, or inaction, as well as to challenge the decisions of public authorities through judicial review.
In Indian politics, PILs have been crucial. They have been in charge of various historic rulings in India, including the prohibition of immediate triple talaq, the admission of women to the Sabarimala and Haji Ali shrines, the legalisation of consenting homosexual relationships, the legalisation of passive euthanasia, and more.
Importance of Public Interest Litigation
PIL is an essential instrument for upholding the human rights of individuals who lack them because of poverty or other factors. Additionally, it aids in the judicial oversight of state institutions such as asylums, prisons, and protective homes. PIL seeks to make it easier for regular people to go to the courts and ask for help with legal issues. It is an essential instrument for social transformation, promoting the rule of law and hastening the achievement of justice and the law. PIL has been essential in exposing and resolving a number of public concerns and in bringing about political and social change in India. PIL has been used to ameliorate the living conditions of those who are marginalised, including convicts, slum dwellers, and bonded labourers, as well as to defend their rights. It is employed to protect the interests of groups for whose fundamental rights have been established.
Making justice accessible to the disadvantaged and marginalised was the initial purpose of PILs. It sought to ensure that everyone could access justice. Later, PIL's purview was broadened to include judicial review in order to carry out the legislative and executive branches' legal obligations. PILs enhance public engagement and ensure judicial scrutiny of administrative acts. PILs are frequently used to evaluate a failure to act, question the legality of a decision or action, or contest the judgements of public bodies under the guidelines of judicial review.
The PIL has the following capabilities:
Make the Indian socio-cultural law clearer.
Ensure that the public is held responsible by making the right choices and acting in a fair and open manner while adhering to the law.
By giving the courts the chance to correctly interpret the law, the public can contribute to its development.
Give the weak and powerless a voice by drawing attention to a crucial topic.
Giving those who are most in need a forum to defend and exercise their rights.
Enhance truthful media coverage, promote public discussions, and enhance understanding of societal issues.
Steps to File a Public Interest Litigation in India
Step 1: By conducting research and speaking with all relevant parties, the petitioner—the person who is filing the PIL—must gain an understanding of the concerns affecting people generally.
Step 2: In order to support the PIL petition, the petitioner must gather all relevant data and supporting documentation.
Step 3: Write the PIL petition, including the court's name, the petitioner's and respondent's names and addresses, the article under which it is filed, the case's facts (public information and facts), and the remedies the court is seeking.
Step 4: Provide the respondent with a copy of the PIL petition.
Step 5: Submit the PIL petition to the Supreme Court or High Court, accompanied by documentation attesting to the fact that copies of the petition were sent to each respondent.
Three copies of the petition must be submitted to the court if the petitioner files the PIL in the High Court, and five copies must be submitted to the Supreme Court.
Eligibility to File a Public Interest Litigation
A public interest litigation petition may be filed before the Supreme Court (under Article 32 of the Indian Constitution) or the High Courts (under Article 226 of the Indian Constitution) by any Indian individual or group. However, the person or organisation filing the PIL petition must convince the judge that the issue is important to the public and that everyone will benefit from it. PILs can only be filed against the federal government, state governments, or municipal governments; they cannot be filed against private individuals. The Indian Parliament, the legislature of every State, and any local or other body that is under the jurisdiction of the government are all included in the idea of a government.
Concerns of PIL Filing
PIL petitions could increase the already hefty backlog that the Indian judiciary is carrying from pending cases. The time of the courts may be wasted by petitions that don't raise important public issues.
Public interest litigation can occasionally be misused by those pursuing personal grievances rather than promoting public objectives, turning it into private interest litigation.
PILs can occasionally result in judicial overreach, where courts infringe on the authority of the executive and legislative arms of government.
One major problem impeding the successful execution of PILs is the ineffective application of court rulings.
Some Well-Known PIL Cases in India
Union of India versus M.C. Mehta: The Ganges basin's pollution is at the heart of this case. The local authority was chastised in the ruling for permitting untreated sewage from Kanpur's tanneries to enter the Ganges. The necessity of sustainable development was highlighted, along with instructions on how to avoid the negative effects of air and water pollution on the millions of people living in the Ganga basin.
Vishakha versus State of Rajasthan: The case of Vishaka vs. State of Rajasthan pertains to the problem of sexual harassment at work. This led to the publication of the Vishaka Guidelines in 1997, which gave employers information on how to report sexual harassment in the workplace, a list of preventative measures, and a definition of sexual harassment.
Javed versus the State of Haryana: The legitimacy of a population control clause governing the panchayat election was contested in the case of Javed v. State of Haryana. Those with more than two children were prohibited from holding various positions in panchayats by the Haryana Provision. At the expense of upholding human rights, the court primarily stressed the issue of population growth as a national and worldwide concern. The Haryana Provision, according to the court, was clearly defined and founded on the goal of making family planning more widely accepted.
Parmanand Katara versus Union of India: Hospitals can now manage emergency accident victims without worrying about ongoing police investigations because of the Parmanand Katara vs. Union of India case. According to the ruling, any hospital or physician—public or private—must give a victim of a traffic accident emergency medical attention.
Conclusion
In India, Public Interest Litigation (PIL) is a potent instrument for defending and preserving issues of public interest. It increases government accountability and advances social justice. PIL is an essential tool for defending the rights of all people, but especially those of the weaker and more marginalised groups in society.
FAQ
Q1. What is PIL?
A Public Interest Litigation (PIL) is, to put it simply, a case brought to uphold or defend the public interest. It is filed to uphold the rights of a certain community class, a group of people, or society as a whole.
Q2. Who is the father of PIL in India?
Because of his contributions to the jurisprudence of Public Interest Litigation, Justice P.N. Bhagwati is considered the founder of Public Interest Litigation (PIL) in India.
Q3. What is the first case of PIL in India?
Hussainara Khatoon vs. State of Bihar is the first Public Litigation Interest (PIL) case that raised awareness of the plight of prisoners and inmates awaiting trial.
Q4. Who can file a PIL in India?
To address a matter of public interest that will benefit the general public, any Indian individual or organisation may bring a public interest lawsuit.
Q5. Where can one file for the Public Interest Litigation?
According to Article 32 of the Indian Constitution, you may file a PIL with the Apex Court, or under Article 226 of the Indian Constitution, you may file a PIL with the High Court.
Q6. Is PIL a writ?
A writ is an order issued by the Supreme Court or High Court to an individual or organisation to carry out a certain action. A Public Interest Litigation (PIL) is a type of writ that is issued to defend or enforce a subject pertaining to the general welfare of the public rather than a specific person or organisation.
Q7. How much does it cost to file a PIL in India?
Each respondent must pay a court fee of Rs. 50 to file a PIL. However, the petitioner's choice of counsel determines the cost of presenting the case in court.
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