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Public Interest Litigation
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Introduction
The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, the racial minorities, unorganised consumers,
citizens who were passionate about the environmental issues, etc.
Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the interest of public at large is
affected can be redressed by filing a Public Interest Litigation in a court of law.
Public interest litigation is not defined in any statute or in any act. It has
been interpreted by judges to consider the intent of public at large.
Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of the
court that the petition is being filed for a public interest and not just as a frivolous
litigation by a busy body.
The court can itself take cognizance of the matter and proceed suo motu or cases can
commence on the petition of any public spirited individual.
Some of the matters which are entertained under PIL are:
Bonded Labour matters
Neglected Children
Non-payment of minimum wages to workers and exploitation of casual workers
Atrocities on women
Environmental pollution and disturbance of ecological balance
Food adulteration
Maintenance of heritage and culture
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The character of the Indian Constitution. India has a written constitution
which through Part III (Fundamental Rights) and Part IV (Directive Principles of
State Policy) provides a framework for regulating relations between the state and its
citizens and between citizens inter-se.
India has some of the most progressive social legislations to be found anywhere
in the world whether it be relating to bonded labor, minimum wages, land ceiling,
environmental protection, etc. This has made it easier for the courts to haul up the
executive when it is not performing its duties in ensuring the rights of the poor as per
the law of the land.
The liberal interpretation of locus standi where any person can apply to the
court on behalf of those who are economically or physically unable to come before it
has helped. Judges themselves have in some cases initiated suo moto action based on
newspaper articles or letters received.
Although social and economic rights given in the Indian Constitution under Part IV
are not legally enforceable, courts have creatively read these into fundamental rights
thereby making them judicially enforceable. For instance the "right to life" in Article
21 has been expanded to include right to free legal aid, right to live with dignity, right
to education, right to work, freedom from torture, bar fetters and hand cuffing in
prisons, etc.
Judicial innovations to help the poor and marginalised: For instance, in the
Bandhua Mukti Morcha, the Supreme Court put the burden of proof on the
respondent stating it would treat every case of forced labor as a case of bonded labor
unless proven otherwise by the employer. Similarly in the Asiad Workers
judgment case, Justice P.N. Bhagwati held that anyone getting less than the
minimum wage can approach the Supreme Court directly without going through the
labor commissioner and lower courts.
In PIL cases where the petitioner is not in a position to provide all the necessary
evidence, either because it is voluminous or because the parties are weak socially or
economically, courts have appointed commissions to collect information on facts and
present it before the bench.
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A Public Interest Litigation can be filed against a State/ Central Govt.,
Municipal Authorities, and not any private party. The definition of State is
the same as given under Article 12 of the Constitution and this includes the
Governmental and Parliament of India and the Government and the Legislature of
each of the States and all local or other authorities within the territory of India or
under the control of the Government of India.
Significance of PIL
The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
PIL is an important instrument of social change and for maintaining the Rule of
law and accelerating the balance between law and justice.
The original purpose of PILs have been to make justice accessible to the poor
and the marginalised.
It is an important tool to make human rights reach those who have been denied
rights.
It democratises the access of justice to all. Any citizen or organisation who is
capable can file petitions on behalf of those who cannot or do not have the means to
do so.
It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
It is an important tool for implementing the concept of judicial review.
Enhanced public participation in judicial review of administrative action is assured
by the inception of PILs.
Conclusion
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Public Interest Litigation has produced astonishing results which were unthinkable
three decades ago. Degraded bonded labourers, tortured under trials and women
prisoners, humiliated inmates of protective women’s home, blinded prisoners,
exploited children, beggars, and many others have been given relief through judicial
intervention.
The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
The PIL develops a new jurisprudence of the accountability of the state for
constitutional and legal violations adversely affecting the interests of the weaker
elements in the community.
However, the Judiciary should be cautious enough in the application of PILs to avoid
Judicial Overreach that are violative of the principle of Separation of Power.
Besides, the frivolous PILs with vested interests must be discouraged to keep its
workload manageable.
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