Latest Articles
Back
Public Interest Litigation
PUBLIC INTEREST LITIGATION
The term Public Interest Litigation or simply known as ‘PIL’ originated in the United States in the mid-1980s. Various movements which was part of the legal aid movement in the nineteenth century has contributed to the public interest law. In 1960, PIL movement began to receive financial support from the office of Economic Opportunity. It was then that the lawyers and public spirited persons were encouraged to take up the cases of under privileged and fight against dangers to environment and public health, and exploitation of consumers and weaker sections.
The concept of Public Interest Litigation was first sown in India by Justice P. N. Bhagawati and V. R. Krishna Iyer. PIL is a process where public’s grievances can be voiced through legal process. PIL is filed in the court of law for the protection of the Public Interest such as pollution, terrorism, road safety, constructional hazards etc.
Public Interest Litigation is the power given to the public by the court. The person filing PIL must be able to prove that it is filed for the protection of public interest and not individual interest. In the case M. C. Mehta v. Union of India (1988 AIR 1115, 1988 SCR (2) 530), a public interest litigation was brought against Ganga water pollution. The court held that though the petitioner was not the owner of the subject matter he is entitled to move to court for the enforcement of statutory provisions since he was a person interested in saving the lives of everyone using the Ganga water.
PIL is significant since it gives common people an access to the court to obtain legal redress. It is essential that human rights must be reached to those who have been denied the rights. Though PIL protects the public interest it may also affect some others. For e.g.:- when a court orders a polluting industry to shut their industry, the low level workmen whose life depends on the daily wages will not be taken into consideration.
Any person who to protect public interest can file a petition:-
- In Supreme Court under Article 32 of the Indian Constitution
- 2. In High Court under Article 226 of the Indian Constitution
- In Magistrate Court under Section 133 of the Criminal Procedure Code (Cr. P. C)
The Supreme Court with a view to regulate the abuse of PIL has framed certain guidelines. The court must be careful to see that the petitioner files the petition with public interest and not for any personal gain. Nowadays the court can treat a letter as a writ petition and take action upon it. The letter must be such that
• It is addressed by an aggrieved party
• A public spirited individual
• A social action group for enforcement of constitutional or legal rights of a person or group of persons who finds it difficult to approach a court.
Public Interest Litigation is not defined in any statutes or in any acts. It simply means one can file a petition for the protection of the public interest. In case if the petitioner cannot provide sufficient evidence due to its large volume or because the parties are socially and economically weaker, court appoints a commission to collect evidence and report it to the bench. PILs lead to overburdening of the courts work. Hence court must be able to mange the workload.
