Sem 4 Sybcom Foundation Course Project
Sem 4 Sybcom Foundation Course Project
The Taj Mahal, the eternal symbol of love in India, has withstood the
brutal force of the elements for centuries. But this magnificent monument
was almost destroyed by pollution. That is, until a lawyer by the name of
M.C. Mehta filed a Public Interest Litigation seeking directions from the
Hon’ble Court to direct authorities to take steps to stop pollution.
Another example of a PIL is the Oleum Gas Leak Case that established the
concept of “absolute liability” in Indian law.
PIL has not been defined in any Indian statute. However, Courts have
interpreted and defined PIL. The Hon’ble Supreme Court of India has, in
the case of Janata Dal v. H.S. Chaudhary, [(AIR 1993 SC 892)], held that
lexically, the expression ‘PIL’ means a legal action started in a court of
law for the enforcement of public/general interest where the public or a
particular class of the public some interest (including pecuniary interest)
that affects their legal rights or liabilities.
PILs are considered to be the most effective as well as the most commonly
used judicial tool to safeguard the environment due to their many
advantages including but not limited to speedy results, nominal court fees,
relaxed procedural rules and the wide variety of investigative techniques
available to courts like special committees.
IMPORTANCE OF PUBLIC INTEREST LITIGATION
The concept of “Locus Standi” has been relaxed in the case of PILs so as
to enable the Hon’ble Court to look into grievances that are filed on behalf
of those who are poor, illiterate, deprived or disabled and are unable to
approach the courts themselves.
However, only a person acting in good faith and who has sufficient
interest in the proceeding will have the locus standi to file a PIL. A person
who approaches the Hon’ble Court for personal gain, private profit,
political or any oblique consideration will not be entertained.
CONCLUSION
A PIL is an important judicial tool especially for the protection of the
rights of those who are unable to approach the courts themselves. They are
one of the most commonly used forms of litigation, especially in
environmental cases. The courts have tried to make rules regarding PILs
simpler so as to not discourage the filing of PILs in public interest and on
behalf of the poor, disable or deprived classes of persons. However, there
are several instances in which people have tried to further their own
private interests under the guise of PILs. Thus, courts must continue to
remain extremely cautious to ensure that PILs are not misused.