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PIL
PIL
Another example of a PIL is the Oleum Gas Leak Case that established
the concept of “absolute liability” in Indian law.
What is a PIL?
The term Public Interest Litigation (PIL) is composed of two words;
‘Public Interest’ and ‘Litigation’.
The word ‘litigation’ on the other hand means “a legal action, including
all legal proceedings initiated in a Court of Law with the purpose of
enforcing a right or seeking a remedy.”
Thus, lexically speaking, "public interest litigation" refers to a legal
proceeding brought before a court of law to uphold the public interest
when the rights of an individual or a group have been compromised.
The term "public interest litigation" was taken from American law,
where it was intended to give legal representation to groups that
had not previously had it, such as the poor, members of racial
minorities, unorganised consumers, and people who were
passionate about environmental issues.
Public interest litigation is a way for the public to get their voices
heard by the courts. However, the person filing the petition need
to prove to the court that the case is important and has a public
benefit, not just someone's personal interest.
o Atrocities on women
o Food adulteration
These convicts had been denied one of their most basic rights: the
right to speedy justice. In succeeding occurrences, the same
predetermined pattern was used.
The PIL movement is entering a new era with the victory of Justice
P.N. Bhagawati in the case of S.P. Gupta vs. Union of India. This
judgment clarified that anyone, including members of the public,
can file a legal petition in the High Court or the Supreme Court
seeking redress for violations of the rights of people who can't
approach the courts due to a social, economic or any other
disability. This makes PILs a powerful tool for enforcing “public
duties” and protects the interests of the general public or a
section of the public. Justice Bhagwati was instrumental in
establishing this principle.
Number of copies of 5 2
the PIL to be filed
PIL is an important tool for social change and for ensuring the rule
of law and justice are balanced.
PILs are different from other legal proceedings in that they are not
based on the traditional locus standi requirement. This means
that anyone can file a PIL, even if they don't have a legal right to
do so. This change in the procedural nature of Indian law is a
result of the incorporation of principles from Part IV of the Indian
Constitution into Part III of the Constitution. Examples of this
change in nature of the judiciary include Bandhu Mukti Morcha v.
Union of India, Unnikrishnan v. State of A.P., etc.