Public Interest Litigation (PIL) in India Public Interest Litigation (PIL) implies litigation for the protection of public interests. This is an important concept in law and polity and is often seen in the news. ‘What is Public Interest Litigation? Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”. Any matter where the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law such as Pollution, Terrorism, Road safety, ‘Constructional hazards, etc. * 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, unorganized consumers, citizens who were passionate about the environmental issues, etc. * PIL is not defined in any statute or in any act. It has been interpreted by judges to Consider the intent of the public at large. It is the power given to the public by courts through judicial activism, However, the person filing the petition must prove to the court’s satisfaction that the petition is being filed for Public interest and not just as a frivolous litigation by a busy body. * Some of the matters which are entertained under Public Interest Litigation are Neglected Children, Bonded Labour matters, Atrocities on Women, Non-payment of minimum ‘wages to workers, exploitation of casual workers, food adulteration, Environmental pollution, and disturbance of ecological balance, Maintenance of heritage and culture, ba : Public Interest Litigation (PIL) in India : A Public Interest Litigation (PIL) is introduced in a court of law not by the aver d by a private party or by the court itself Gear ey bt - es have Seco ‘potent tool for enforcing the legal obligation ofthe executive and the _ + The chief objective behind PILs is ensuring justice to all and promoting the welfare of the le. * Its generally used to safeguard group interests and not individge i Fundamental Rights have been provided. SUNN feos, x ick ‘The Supreme Court of India and the High Courts have the right to issue PILs, enone of PILs stems from the power of judicial review, ‘concept of PILs has diluted the Principle of locus standi, which impli whose rights have been infringed upon can fil petiti Lines tae ey ue © scanned with OKEN Scanner+ Mt has most ideally and commonly been used to challenge the decisions of public authorities by judicial review, to review the lawfulness of a decision or action, or a failure 10 act, by a public body. * Pils have played sn import role in India's polity. They have been responsible for ‘some landmark in India such as the banning of the instant triple talag, opened up the doors of the Sabarimala and the Haji Ali shrines to women, legalised consensual ‘homesexutil relations, legalised passive euthanasia, and so on Procedure to File PIL in India Any Inditin citizen ot organisation can move the court for a public interest/cause by filing a Petition: 1. In the SC under Article 32 2. Inthe High Courts under Article 226 ‘The count can treat a letter as a writ petition and take action on it. The court has to be satisfied ‘that the writ petition complies with the following: the letter is addressed by the aggrieved person &F a Public-spirited individual or a social action group for the enforcement of legal or ‘constitutional rights to any person who, upon poverty ot disability, are not able to approach the Ser for fearess. The court can also take action on the basis of newspaper reports if it is satisfied case, History of Public Interest Litigation (PIL) in India and ‘Publiceminded individuals as writ Petitions. Justice Bhagwati Justice Krishna ‘Ayer were among the fist judges in the country to admit Pr - * Significance of Public Interest Litigation (PIL) in India epee "PO Of Pls ba tre Wo make jute see the por ante cee. Asan important 1001 (0 make human rach thos wha have been dle sighs, demooratizes ji Any sitigewageney who is capable can file © scanned with OKEN Scanner+ Itis an important tool in judicial review. Criticism of Public Interest Litigation (PIL) in India Off late, PILs have become a tool for publicity. People file frivolous petitions which result in the wastage of time of the courts. People have used them with a political agenda as well. They’ unnecessarily burden the judiciary. Even if the petition is eventually dismissed, the courts spend time and effort on them before dismissing them. At present, only judges have the power to dismiss a petition. The Registry of the SC or HC only ensures that the technical requirements of filing a petition are fulfilled. As a result of which Petitions are admitted to the court irrespective of the merits of the case. Way Forward with Public Interest Litigation The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives. ... The PIL activists should be responsible and accountable. The court must be carefill to see that the petitioner must be acting bona fide and not for i. wp must take into account its impact on those public interests. dy available at a cheaper cost to all citizens of the © scanned with OKEN Scanner