PIL (Public Interest Litigation) is a form of litigation developed by the Supreme Court allowing law suits to be filed for the welfare of the public at large. The laws concerning environment in India have witnessed a steadfast evolution in the past decades, with PIL playing a major role in it. Indian Judiciary observed a wave of litigation in the environmental field through public interest litigation since this concept expedited the access of justice to everyone in the society. Discordant to the practice followed earlier, now, an individual possessing bona fide and a sufficient interest in a subject matter dealing with the violation of human rights of poor, marginalized, helpless or concerning a matter catastrophic to the public at large can move the court for its redressal.

PIL can be termed as a result of liberalization of the rule of locus standi in matters concerning environment. Since the eighties, a major percentile of cases has been brought before the courts in the form of writs, either by individuals, volunteers or group of individuals acting on pro bono basis. It is noteworthy to mention that as of late, the Courts in India have taken steps to attempt to overcome the constraints associated with filing of writs. The conventional rule of locus standi entitled only the aggrieved individual to seek a remedy. In the regard, some modifications have been permitted by the Supreme Court which have now made it possible for the oppressed and even the poor to be represented by volunteers which is termed as representative standing. (Bandhua Mukti Morcha Case).

Through the second modification in Locus standi, a concerned individual is permitted to sue. This is in lieu of the fact that the individual is, in his own right a concerned member of the society who owes a public duty. This is referred to as citizen standing.

The steady evolution of Public interest litigation in environmental matters and cases is an exceptional development. It has not only helped to bring to the attention of administrative and judicial authorities, severe environmental concerns which required immediate attention but has aided in bringing about an environmental awareness among the general public.

PIL can be filed for a plethora of issues related to the environment including pollution of water bodies, iillegal mining activities, depletion of forest cover, inconsiderate dumping of hazardous waste, use of plastic, conservation of flora and fauna, etc. The Supreme Court has widened the scope of environmental jurisprudence in India by making decisions in the myriad of cases that have been filed before it in matters relating to the environment.

Public Interest Litigation is not treated as the conventional adversarial litigation in the strictest sense. In PIL, the parties involved in the matter produce and bring their own evidence which is then cross examined by the party on the other side. This was observed in Tarun Bharat v. UOI (AIR 1992 SC 514)

Legal Developments

In Research Foundation for Science Technology and Natural Resources Policy v. UOI, ((2007) 8 SCC 583), the petitioner filed a PIL in the Supreme Court to invoke the fundamental rights of citizens as enshrined in Article 21 of the Constitution and asked for intervention when a French ship posed a threat to the maritime environment at a Shipbreaking Yard situated in Gujarat. The SC issued a direction denying access to the ship to make port at Yard for dismantling. Court asked for recommendations from a Committee of technical experts which was constituted by it. Directions were also issued to the Government of India to enact a legislation on this aspect. The court had laid down a set of guidelines to be followed in order to measure the harm caused to the environment by this activity.

In Bonded Labourer’s case, it was stated by the Supreme Court that the concept of Public Interest Litigation is a phenomenon and an opportunity to the citizens to ensure that they are not deprived of the basic human rights and in case their rights are violated, PIL ensures the restoration of such rights.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on Facebook, Twitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge