PUBLIC INTEREST LITIGATION.

 "This article is written by R. Kavi Priya Roy, a 5th-semester BBA,LL.B. Honors student at Bharat Institute of Law. We appreciate her work."

INTRODUCTION

The term "public interest litigation" originated in American jurisprudence and refers to a legal strategy that was intended to give historically underrepresented groups such as the impoverished, racial minorities, disorganized customers, and individuals with strong environmental concerns legal representation. There is no definition of PIL in any legislation or statute. Judges have construed it to take the general public's intent into account. It is the authority that courts grant to the general population through judicial activism. Go over the Judicial Activism page in detail by clicking the link. To the satisfaction of the court, the petitioner must, however, demonstrate that the case is being brought for the benefit of the public and is not merely a pointless legal dispute brought by a busybody. Neglected children, bonded labor issues, atrocities against women, nonpayment of minimum wages to workers, exploitation of temporary workers, adulteration of food, pollution of the environment and disruption of the ecological balance, preservation of heritage and culture, etc. are some of the cases that fall under the purview of public interest litigation. PILs, short for public interest litigations, are essential in furthering the concept of judicial activism as these enable high courts or the Indian Supreme Court to use their writ jurisdiction in defense of and for all the citizens of India.

PROCEDURE TO FILE PIL IN INDIA

Any citizen or organization in India has the right to approach the court with a public interest cause and their petition may be filed:

In the SC under Article 32

In the High Courts under Article 226

Letter addressed to the court can also be treated as writ petition by the court and it may proceed. It must be ensured by the court that the following conditions are met regarding writ petition. Any letter for enforcement of legal or constitutional rights on behalf of the disadvantaged or destitute individuals who cannot go to court or a proactive, social interest person/representative or organization to whom that letter is written. Even in such cases, the court may act upon the reports, if satisfied with the case and media coverage

CURRENT AFFAIRS RELATED TO PIL IN INDIA

Various  news keeps on revolving around PIL in India as it is one of the most accessible public instruments that can be used to seek judicial action. Check the latest news related to PIL below :PIL was moved to quash the PM CARES fund Public Interest Litigation has been filed in the Supreme Court of India seeking directions to the Government of India to make arrangements to rescue and bring the Indian Migrants stranded in Gulf Countries A petition has been filed before the Supreme Court of India, seeking directions to States, their Municipal authorities and local self-government authorities to ensure the protection of the rights of the sanitation workers who are also essential service providers amidst the nationwide lockdown in the wake of the COVID-19 outbreak

WHAT  BASIC STEPS ARE THERE TO TAKE IN WRITING A PIL ?

To draft a PIL there are basic steps that ought to be followed as outlined below:

Gathering  of  information-The first step when drafting a PIL is to collect all relevant information related to the issue. Combining of documents-All documents regarding the case including photographs if any must be combined .Court for filing-The Petitioner should decide where they would like to file his/her/its PIL whether it is before the Honorable Supreme Court or the State High Court. Manner of PIL-A PIL can be for example either a petition or even a letter or postcard. A letter/postcard addressed to Chief Justice of India should be used in case the PIL is meant for Honorable Supreme Court of India. However if it needs to be filed before other High Courts, then such letter/postcards must be sent out through their respective Chief Justices. Guidelines on Public Litigation-When one is drafting a PIL, public litigation guidelines applicable for the court before which one intends submitting his/her application must always be checked first before proceeding with any writing process on the matter at hand. Such guidelines can always be found at various courts’ official Websites .Details needing clarity-The following particulars must be unambiguously given;

Petitioner’s name ,postal address, email address phone number, profession or occupation annually.

CRITICISM OF PUBLIC INTEREST LITIGATION:

 Public interest litigation is criticized Even while the idea of public interest litigation is very important, over time, people began to take advantage of it. Numerous pointless petitions have been and continue to be filed under the guise of public interest litigation, significantly delaying and obstructing the legal process. PILs are used for publicity purposes, wasting the court's valuable time. The court's time and resources are wasted even in the event that such pointless petitions are dismissed. PIL is occasionally used by advocates to gain attention, and political parties even use it to further their own goals. All of this contributes to the misuse of the idea of public interest litigation, which eventually makes our legal system more burdened.

HISTORY AND EVOLUTION OF PIL:

 PIL’s genesis in India can be traced to the time when Justice P.N. Bhagwati was a judge in the Supreme Court during the eighties. While deciding the case of Hussainara Khatoon v State of Bihar, Justice Bhagwati pointed out that the legal relief was not accessible to the ill and the neglected portions of the country’s society. He indicated that PIL worl service dirctase the way for those who could not access courts to seek justice.

Thereupon, PIL entered into the system in India and has remained so ever since. It has been instrumental in numerous societal shifts for the better and showed its maximum efficacy in the prosecution of the causes regarding environmentalism, consumer protection and human rights.

LANDMARK CASE LAWS FOR PIL:

Hussainara Khatoon vs. State of Bihar case: This case was the first reported instance of PIL in India, which brought attention to the issue of inhuman conditions of prisoners and under trial prisoners.

Vishaka vs. State of Rajasthan: This case is related to the issue of sexual harassment in the workplace. As a result, the Vishaka Guidelines came into effect, published in 1997, which provided employers with the definition of sexual harassment, a list of preventative strategies, and information on filing complaints of workplace sexual harassment.

M.C. Mehta vs. Union of India: This case is related to pollution in the Ganges basin. The judgment criticised the local government for giving permission for untreated sewage from Kanpur’s tanneries to enter the Ganges. Directions were given to prevent the consequences of water and air pollution on millions of people in the Ganga basin and emphazised the need for sustainable development.

Parmanand Katara vs. Union of India: This case was filed to facilitate hospitals to handle emergency accident cases without concern for pending police investigations. The judgment made it obligatory for a hospital or doctor, public and private, to provide immediate medical aid to a road accident victim.

Javed vs. State of Haryana: In this case, the constitutionality of a population control provision governing the panchayat election was challenged. The Haryana Provision disqualified persons having more than two children from holding certain offices in panchayats. The court mainly emphasised the problem of population explosion as a global and national issue at the expense of protecting human rights. The court held that the Haryana Provision was well-defined and based on a clear objective to popularise family planning.

CONCLUSION:

A PIL is a very useful instrument of the court especially in the interest of the people who cannot file a case. They constitute one of the most popular forms of litigations practice more so in the environmental ones. The courts have attempted to streamline the procedural rules on IPILs in order to encourage the pursuance of these actions in the greater public good especially on behalf of the impoverished and disabled people. Yes the people tend to abuse this remedy and try to use this to fulfill their own selfish motives. So, courts will be further more cautious while ordering PILs. This PIL seeks to redress severe injustice as well as violation of some fundamental rights faced Specific Group or Community particularly in relation to specific issue. The petitioners intend to Point out the systemic failures and gaps in the issue. Come up with policies or laws to resolve the problem. Ensure that the law and policies are followed. Safeguard the welfare of the exposed patients. Encourage responsible and ethical practices, governance or management. Void from aiding Profiling Ban .Through this PIL, we aim to defend .the .rightness of the society based on equality and the dignity of every person and integrity. PILs are a vital tool to protect the human rights of those who are otherwise unable to do so due to poverty or for other’s reasons. It also supports the judicial control of state institutions like asylums, prisons, or protective homes. With respect to justice, the focus of the phrase is the easing of the access of the ordinary citizens to the courts. It is a powerful tool for social change, for the promotion of justice and the rule of law and its protection.