Public Interest Litigation is a tool that allows the common man to go to court and ask for help with any issue such as the safety and welfare of the public, pollution of the environment or even, violation of human rights if any, so that the court can take cognizance of the issues and solve them. Public Interest Litigation (PIL), as the name suggests, focuses more on the safety and welfare of the public. It focuses on broader problems that impact society as a whole. In the case of a PIL, anyone can approach the court, not just the persons directly affected by the problem. The intention behind putting in place the mechanism of a PIL is that justice must be available to all and the rights, safety and welfare of the common man must be protected.
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Historical Background of Public Interest Litigation
Since ages, humans have had certain innate rights. The same was recognized by international covenants and the Universal Declaration of Human Rights 1948, which recognized basic, fundamental, and statutory rights on the international level. The codification of these rights also implicated similar duties on human beings concerning other citizens and the world at large.
Post the Second World War, organizations such as the United Nations and its various councils noticed inhuman violations of these human rights on different occasions. In our Constitution of India, Part III deals with Fundamental rights, Part IV deals with the Directive Principles of State Policy (DPSP), and Part IV A deals with Fundamental Duties. Hence, both the Fundamental Rights and Duties are recognized and protected under the Indian Constitution.
As violations of basic fundamental and human rights became noticeable, many social activists, judges and the like felt the need to approach the court for these people whose rights were being violated, who were unable to approach courts for redressal, due to their social and economic situations. These people wanted to ensure that the court was aware of the atrocities taking place and wanted the court to provide remedies for the violation of those rights or even compensation in some form for the failure of the court to protect the very rights it gave those people.
The same people - social activists, judges, lawyers, legal practitioners, judges etc. gave birth to the concept of Locus Standi. The concept of ‘Locus Standi’ means and signifies the right to file a legal action for any sort of LEGAL injury or violation of rights and victimization of a person. Locus Standi is a rule based on good policy. The principle is that the court’s time as well as energy should not be wasted on hypothetical or abstract questions or a professional trial or a busy institution.
Locus Standi is a Latin term that means place and stand. Having just a court in place is not enough, there must also be available an opportunity to be in front of it, to appear in front of it. This signifies the right of a person to bring a case and to appear before a court to present it.
With the development of Locus Standi, there arose opportunities and scope to sue larger groups of people like a general community. The case of Hussainara Khatoon v. State of Bihar was a landmark case that marked the birth of Public Interest Litigation.
Meaning of Public Interest Litigation
Public Interest Litigation, or PIL, is a legal action taken in a court of law for the protection of public interest. It allows ordinary people to seek justice on behalf of the public, particularly when the rights or well-being of a large group of people are affected. PIL is used to address issues such as environmental protection, human rights violations, and other matters of public welfare.
It is a way for everyday people to stand up for what's right in court, even if they're not directly affected. It's like a voice for the community when there are big issues at stake, like pollution or unfair treatment. For instance, if a factory is polluting a river and causing harm to the environment and people's health, someone can file a PIL to ask the court to step in and make things right. It's about making sure everyone's well-being is looked after and that the rules are followed to protect us all. PIL helps bring about fairness and change by giving a platform to issues that affect a lot of people, not just a few.
According to Black’s Law dictionary, PIL means “A legal action initiated in a court for the enforcement of certain rights that are in the interest of the public welfare, where a class or community may or may not have a pecuniary interest by which their legal rights are affected.”
In the case of SP Gupta v. Union Of India, Justice PN Bhagwati articulated and explained the concept of Public Interest Litigation as “Whenever a legal wrong or a legal injury is committed upon an individual or a particular class of individuals by reason of violation of any fundamental/legal right or without authority of law any legal wrong is committed or legal injury is inflicted upon, or any illegal burden is inflicted upon a downtrodden section of an individual(s) by reasons of poverty, disability, helplessness, poor economic and social conditions, are unable to approach the judiciary for relief then any member of the society can file a writ under Article 226 of the Constitution in the High Court and in case of a breach in the fundamental rights of such individuals or class of individuals, relief can be sought in the Supreme Court by Article 32 of the Constitution.”
Now, the question may arise as to which are the subjects for which a PIL may be filed. Some instances are given as under but the list is only illustrative and not exhaustive.
The list includes-
Petitions from victims of a riot
Environmental pollution
Ecological harm and imbalance
Preservation of forests, wildlife
Preservation of culture and heritage
Safety and Welfare of children
Any matters affecting and related to Public interest.
A PIL can be filed in the form of letters, electronic means, online means or a simple means such as E-mail and it is generally filed either in the High court or in the Supreme Court.
Procedure for filing a Public Interest Litigation
1. Issue Identification- Determine the matter and if it falls under endangerment of public interest. One must conduct thorough research about the issue before filing. If a PIL is concerning various persons, all those persons must be consulted before filing the PIL. All the information and documents related to the issue which support the issue must be gathered. Some common issues are - environmental concerns, violation of human rights or failure of the government in performing its duty. It is essential to collect all the relevant data and documents that highlight and support the main issue and its significance.
2. Appropriate Court- Knowing the jurisdiction of where the PIL can be filed is extremely important. It can be either a High Court or a Supreme Court. After the issue is identified, the next step is determining the court where the PIL can be filed. PILs can be filed directly to the Supreme Court of India under Article 32 of the Constitution. Similarly, PILs in the High Court can be filed under Article 226 of the Constitution. Filing the PIL in the right court enhances the chances of the PIL being admitted quickly and addressed effectively.
3. Petition Drafting- The petition must include details and facts of the case, grounds for filing petition and relief to be sought. This step involves clearly stating facts, the public interest involved, and the legal grounds of the case. The petition should also include all the supporting evidence, affidavits, and documents that substantiate the claims. A well-drafted PIL also specifically outlines the relief or remedies to be sought from the court.
4. Ensure Formatting- The party filing the petition shall ensure that the PIL is in the proper format. Proper format and compliance with the set rules and procedure is an essential step in drafting an effective PIL. Guidelines such as font size, line spacing, legal paper, details of the parties filing the PIL, details of the issue/s and the like. Proper format will ensure that the PIL will not be rejected on technical grounds.
Since the PIL is a subject matter of Public Interest, leniency may be shown if the matter is grave enough. Yet, if the applicant/petitioner is a person related to the law profession, the court expects them to comply with the established rules of drafting and formatting. Whereas, in the case of the general public, the court may even regard a letter as PIL which the apex court has done on various instances.
5. Court Hearing- After the PIL is filed, the court will schedule a preliminary hearing to decide about the admissibility of the PIL. The court will assess if the issue genuinely concerns public interest and if the petitioner has a sufficient interest in the matter. Once the PIL is admitted in the court, the court will issue notices to the respondents, parties, etc and then proceed to set a date for the main hearing where the parties will be presented a chance to present their arguments and evidence.
6. Decision - After both sides have presented their arguments and appropriate evidences, the court will issue its judgement or order. It can include directions to government authorities, remedies, changes in existing policies or any other relief that the court deems appropriate. The decision, once documented and filed, marks the conclusion of the process of the PIL.
Landmark Judgments
1. Hussainara Khatoon v. State of Bihar (1979) -
Hussainara Khatoon led a group of prisoners to file a petition that highlighted the plight of undertrial prisoners in Bihar. The key issues were the prolonged detention of undertrial prisoners and their violation of fundamental rights under Article 21, i.e. right to life and personal liberty. The Supreme Court held in its judgement that right to a speedy trial is a fundamental right and the court ordered the release of prisoners who had been in jail for longer than the maximum term for which they would have received if convicted. The case led to many significant reforms in the criminal justice system, including legal aid for the poor and speedy trial initiatives.
2. SP Gupta v. Union of India (1981)
This is also known as the Judges’ Transfer Case and it also dealt with the independence of judiciary from the executive and the appointment and transfer of judges. Key issues in this case were the accountability in the appointment and transfer of judges. In this case, the Supreme Court expanded the concept of ‘Locus Stnadi’ and allowed any public-spirited person to approach the court on behalf of others. The court also asserted that the executive should consult with the Chief Justice of India but it is not bound by their recommendations.
3. Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985)
This case is also known as the Dehradun Quarrying Case. The PIL was filed by an NGO against the extensive limestone quarrying in the Doon Valley, which was causing environmental degradation. The Supreme Court in its judgement ordered the closure of certain limestone quarries in the Doon Valley. This case also set a precedent for future environmental PILs and the judiciary and its role in environmental conservation.
4. MC Mehta v Union of India (1986)
Environmental activist M.C. Mehta filed multiple PILs where he addressed various environmental issues which included the pollution of the Ganges River, air pollution in Delhi and the environmental impact of industries. The Supreme Court in its judgement ordered the closure and relocation of tanneries and other polluting industries along the Ganga river. In the Delhi air pollution case, the court directed the conversion of public transport vehicles to CNG to reduce air pollution.
5. Vishakha v. State of Rajasthan (1997)
The case was filed after the horrific gang rape of Bhanwari Devi, a social worker from Rajasthan, who was trying to prevent child marriage. The PIL sought to address the issue of sexual harassment in the workplace. The Supreme Court, in this case, laid down the Vishakha guidelines which provided a framework for addressing sexual harassment in the workplace until legislation was enacted.
Challenges for Public Interest Litigation
As is the case with everything, there are several challenges faced by people who file a PIL. PIL is a useful tool when used correctly. It is a powerful tool for bringing about social change, enabling individuals and persons who seek help from the court in matters of public concern. Even though the intention, thought and origin behind the concept of PIL comes from positivity, there exists a range of challenges despite its sincere objectives. Understanding the issues that arise or may arise proves fruitful in the long run as focusing on them and solving them aids in bringing forth a better and concrete system for filing PILs.
Constraints on resources- Filing PILs takes a lot of resources, specifically judicial resources. The judiciary being overburdened already, is more strained in this process.
Issues in implementation- Even though any person can file a PIL and the court can take cognizance of it, the implementation of the PIL after it is successful can be challenging and problematic.
Locus Standi- Determining who has the standing to file a detailed PIL is a very eminent challenge. This in turn leads to confusion over the eligibility.
Varied rights- Courts have to balance both individual and public interests in the same weighing scale, even though PILs have their main focus as public interest.
Political or other influence- Many PILs often face the challenge of being influenced by political agendas which leads to a biased decision-making process.
Ambiguity in guidelines- This leads to inconsistent decisions and even misuse of the mechanism.
Limited impact- Even though the ruling is favourable, some PILs might have a limited impact due to the scale of the problem or the nature of the remedy provided.
Importance of Public Interest Litigation
In India, Public Interest Litigation (PIL) has not only aimed to reform the justice-dispensing mechanism but has also challenged the very foundations of the formal legal system itself. The transformations brought about by PIL have been profound and structural, fundamentally reshaping the traditional role of the judiciary to ensure that justice is within reach of every individual.
However, PIL remains in an exploratory phase, with anticipated challenges in effectively managing this form of litigation. Nevertheless, these hurdles present opportunities for innovating judicial practices and techniques. PIL has forged a new jurisprudence focused on holding the state accountable for constitutional and legal violations that disproportionately affect marginalized communities. As one eminent judge eloquently stated, "Judicial activism achieves its greatest triumph when its decisions bring comfort to the distressed." Thus, PIL continues to evolve, striving to narrow gaps in access to justice and uphold the rights of the vulnerable in Indian society.
Conclusion
Public Interest Litigation (PIL) is a crucial judicial tool, particularly for protecting the rights of those who cannot approach the courts themselves. Since the 1970s, the concept of PIL has been evolving and broadening its scope significantly. Notably, even a letter was considered a PIL in cases like Mrs. Veena Sethi vs State Of Bihar & Ors - AIR 1983 SC 339.
The objective of PIL is to provide equal access to justice to everyone in society, leading to a significant relaxation of the traditional view of locus standi. This allows any person to file a PIL on behalf of the aggrieved class, and courts can also initiate PILs suo moto i.e. on their own, as seen in the recent Gujarat Morbi Bridge Tragedy, where a judge initiated the matter after reading about it in a newspaper.
PILs are among the most frequently used forms of litigation, especially in environmental cases, where the stakes are high, and the impact on communities can be profound. Recognizing the importance of making justice accessible, courts have simplified the rules surrounding PILs to encourage their filing in the public interest and on behalf of marginalized or deprived individuals. However, the simplicity and low cost of filing a PIL can lead to the accumulation of frivolous petitions, burdening the judiciary and undermining the credibility and effectiveness of genuine PILs.
Therefore, courts must remain vigilant to ensure that PILs are not misused. They need to strike a delicate balance between making justice accessible and preventing the exploitation of PILs for personal or political gain. Judges should meticulously screen petitions to ensure they serve the public interest rather than personal interests.
By doing so, they can preserve the integrity of PILs and maintain their role in promoting justice and equity. As we look to the future, the importance of PILs in advancing public interest and safeguarding human rights will only grow, making it essential to protect this vital judicial tool from misuse while enhancing its capacity to deliver justice.
Frequently Asked Questions
Q1. What is Public Interest Litigation (PIL)?
Ans: Public Interest Litigation (PIL) is a legal mechanism in India that allows individuals or groups to file lawsuits to protect the public interest, especially when fundamental rights of the public are at stake.
Q2. Who can file a Public Interest Litigation (PIL) and against whom can it be filed?
Ans: Any individual or group with a bona fide interest in the matter can file a Public Interest Litigation (PIL). It can be filed against any public authority, the government, its agencies, and officials, for failing to perform their duties or violating legal or constitutional rights.
Q3. What is the difference between a Public Interest Litigation (PIL) and an ordinary litigation?
Ans: Unlike ordinary litigation, which is filed by individuals or entities to protect their private interests, Public Interest Litigation (PIL) is filed to protect the interests of the public at large. PILs are more flexible in terms of locus standi, allowing any concerned citizen to approach the court, and they often address broader social issues rather than individual grievances.
Q4. What are the typical subjects or issues addressed through Public Interest Litigation (PIL)?
Ans: Public Interest Litigation (PIL) address issues such as environmental protection, human rights violations, corruption, health and safety regulations, labour rights, and the rights of marginalized communities.
Q5. What is the process of filing a Public Interest Litigation in India?
Ans: To file a Public Interest Litigation (PIL), begin by identifying the issue to ensure it involves public interest endangerment. Determine whether to file the PIL in the High Court or the Supreme Court. Draft the petition with all relevant details, facts, grounds for filing, and the relief sought, ensuring it follows the proper format. Once filed, the court will review the petition in a hearing, and finally, the court's decision on the PIL will be issued.
This Article is written by Tanaya Moholkar, a final year law student at Yashwantrao Chavan Law College, Pune.
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