This article has been written by kumari sheetal , a 4th year BALLB student from SRMS college of law , bareilly mjp rohelkhand university .
Introduction
What will you do when you find out that the environment is getting polluted , there is injustice with human somewhere , the heritage property is not maintained properly so on and so forth … what will you do in these cases ?
Then you have a great weapon which is known as public interest litigation . article 32 of Indian constitution under which one can file public interest litigation in supreme court and article 226 of Indian constitution under which one can file public interest litigation in high court .there should not be the violation of religious rights , human rights and fundamental right of anyone , the public interest litigation will be rejected in this case . there should not be any personal motive but the interest or benefit of public in that public interest litigation
Justice PN BHAGWATI was the first person who introduced this concept in India in 1980 . along with justice Krishna iyer
India’s first public interest litigation case
In 1979 Indian express published an article which mentioned that in Bihar there are lots of under trial prisoners who had spend more time than their punishment in the jail , but at that time only victim or its family members were able to file petition on his behalf .. this case was filed by pushpa kapila hingorani who is also known as mother of public interest litigation and demanded to release those 17 under trial prisoners whose name was mentioned in that article published by Indian express .one of those prisoners was hussainara khatoon
husainara khatoon v. state of bihar (1979)
In this case I very important question was raised that was , do we have right to speedy trial or not ? It was held that speedy trial is our constitutional right .this judgment is important because after this judgment along with those 17 prisoners 40,000 more under trial prisoners were released all over the nation . this case focused on the inhuman conditions of prisoners and under trial prisoners
FEATURES OF PIL
Public interest litigation is an extra judicial remedy and is part of judicial activism . is introduced to enforce public interest both high court and supreme court could deal with it . public interest litigation helps to create and enforce rights .
Why it is introduced :-
- Pil was introduced because of lack of availability of common public law in 1970s
- Expensive legal fees
- Lack of proper legal knowledge
- It was brought during the time of emergency which was imposed during the time of Indira Gandhi
OBJECTS OF FILING PIL
The object of filing public interest litigation is to obtain social justice for all by solving a major issue in a legitimate way through legal proceeding as to claim rights against government or private action for welfare of a large masses , so it is much democratic
PILs were created with the aim of making justice more available to the disadvantaged and oppressed.
- It is a critical tool for bringing human rights to those who have been denied them.
- It improves everyone’s access to justice. Any person or organization that is capable of doing so can file petitions on behalf of those who are unable or lack the resources to do so.
- It aids in the judicial oversight of state facilities such as jails, asylums, and protective homes, among others.
- It’s a crucial method for judicial review.
- PIL is a critical tool for social reform, preserving the rule of law, and accelerating the balance of law and justice.
- The introduction of PILs ensures increased public interest in judicial review of administrative action.
Parmanand Katara vs. Union of India
Human rights advocate Parmanand Katara petitioned the Supreme Court with a writ on the basis of a newspaper article about the death of a scooterist who was hit by a speeding car.
He was told to be transported to a hospital 20 km distant that was permitted to handle medico-legal matters after doctors refused to treat him.
The Supreme Court ruled in this PIL case law on the grounds of petition that
- Life preservation is of the greatest priority.
- Every doctor has a duty to extend their services with the expertise for life protection. Whether they work in a government institution or not.
- There should be no question that the effort to save the person should be given first priority.
By everyone involved in the situation, including the police, other people, and legal professionals
Conditions of filing pil
The following are the essential conditions for filing a public interest litigation :-
- The pil should not be politically motivated
- It should not have any other hidden agenda
- No alternative mechanism
- Case of such subject should not be pending in any other court
- It should represent the bona fide intention for the well being of the public and the society .
Merits of public interest litigation
- It is an Inexpensive remedy and is affordable
- The procedure of filing pil is easy
- Pil deals with human rights , health issues , environment issues etc
- It democratizes the access of justice to all. Any citizen/agency who is capable can file petitions on behalf of those who cannot or do not have the means to do so
- It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.
Demerits of public interest litigation who can file a
- Pil has become so popular that supreme court and high court mostly deals everytime with pil rather than other, so pending cases are increasing with is increasing the burdens of court
- The political parties and public pressure group are filing pil for their mala fide intensions
- 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.
public interest litigation
any citizen can file a public case however the court must be satisfied that writ petition fulfills and basic needs of pil
- Under article 32 , in the supreme court
- Under article 226 in the high court
- Under section 133of the criminal procedure code , in the court of magistrate
Conclusion
Hence it can be concluded with the above discussions that public interest litigation means the law action or use of legislation to encourage or increase the question of public concern for equality and human rights. It is often a government-interest legal action or other act for the public’s good.. This concept is borrowed from American jurisprudence . in India only the person who has suffered any damage could file the case but public interest litigation is an exception to this rule . this concept is also known as social action litigation .
References
https://byjus.com/free-ias-prep/public-interest-litigation-pil/
https://www.njlrii.com/2021/05/public-interest-litigation-pil-and-its.html
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