Public Interest Litigation (PIL)
Public Interest Litigation (PIL) is a legal process in which any person, any group of people, or social organization can file a case in a court to protect public interest.
A PIL can be filed in any matter or case that affects the interest of the public. It includes issues like road safety, environmental pollution,terrorism, unsafe construction, neglected or abandoned children, violence against women, exploitation of workers, bonded labour, food adulteration, damage to ecological balance, and the protection of heritage and culture.
Unlike ordinary cases, a PIL is not filed for personal benefit. Its main purpose is to protect public rights and to ensure justice and welfare for the entire society.
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Who Can File a PIL ?
PIL is meant to protect the rights of people, especially those who cannot approach the court themselves. Therefore: Any Indian citizen, Any group of people, Any social organization or NGO can file a PIL.
A PIL can be filed: In the Supreme Court under Article 32 of the Indian Constitution, or In the High Court under Article 226 of the Indian Constitution.
Even if the affected person is unable to file a case directly due to poverty, illiteracy, disability, or any other reason, another person or organization can file the case on their behalf. This is what makes PIL a powerful tool for social justice.
However, a PIL must not be filed for personal or private interest. It must be filed only for the welfare of society. The petitioner must also prove that the case is genuinely in the public interest and will benefit the public at large.
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Origin and Development of PIL :
The concept of Public Interest Litigation was first developed in the United States in the 1960s.
In India, PIL was introduced in the 1980s by Justice P. N. Bhagwati and Justice V. R. Krishna Iyer, who are considered the pioneers of PIL in India. Therefore Justice P. N. Bhagwati, (Prafullachandra Natwarlal Bhagwati), is known as the Father of PIL in India. He served as the Chief Justice of India from 1985 to 1986. He also played an important role in strengthening human rights protection in India.
Pushpa Kapila Hingorani is known as the Mother of PIL in India. She was an Indian lawyer who filed several important PILs, including the famous "Hussainara Khatoon" case (1979), which dealt with the rights of undertrial prisoners.
• Other Names of PIL - Public Interest Litigation is also known by other names, such as: Social Action Litigation (SAL), Social Interest Litigation (SIL), Class Action Litigation (CAL)
All these terms refer to legal actions taken to protect public interest.
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Types of PIL :-
There are mainly two types of Public Interest Litigation:
1. Representative Social Action:-
A case filed by a person or organization on behalf of a group of people who are unable to approach the court themselves.
2. Citizen Social Action :-
A case filed by a concerned citizen to protect public interest, even if the citizen is not personally affected.
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Aim of Public Interest Litigation (PIL)
The main aim of Public Interest Litigation (PIL) is to help ordinary people, especially the poor, helpless, and weaker sections of society, to get justice. PIL allows any person to approach the court in matters that affect the public, such as pollution, corruption, and violations of rights.
PIL also ensures that laws are properly followed and that the government and public authorities work responsibly for the benefit of society. In this way, PIL promotes justice, fairness, and equality in society.
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Objectives of Public Interest Litigation:
1. Protection of Fundamental Rights:-
PIL helps protect the fundamental rights of people, especially those belonging to weaker sections of society.
2. Promotion of Judicial Activism:-
It allows courts to step in and act on important public issues, even when affected people are unable to approach the court themselves.
3. Ensuring Government Accountability:-
PIL holds public officials and authorities responsible for their actions and decisions.
4. Promotion of Social Justice:-
It helps address serious problems such as environmental damage, corruption, and violations of human rights.
5. Improving Access to Justice:-
PIL makes justice accessible to people who cannot afford legal help or are unable to reach the courts.
Public Interest Litigation is a powerful legal mechanism in India. It ensures that the legal system works for everyone and that justice is not limited only to those who have money or influence.
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Some Landmark Public Interest Litigation (PIL) Cases:
Public Interest Litigation has played a very important role in shaping Indian law and public policy. Through PILs, courts have delivered several landmark judgments that protect public rights and promote social justice.
Some important landmark PIL judgments in India include:
1. Ban on Triple Talaq :- The Supreme Court declared the practice of instant triple talaq unconstitutional, protecting the rights and dignity of Muslim women.
2. Haji Ali Shrine Case:- The court allowed women to enter the inner sanctum of the Haji Ali Dargah, ensuring equality and gender justice.
3. Decriminalisation of Homosexuality:- The Supreme Court struck down parts of Section 377, legalising consensual homosexual relationships and upholding individual freedom and dignity.
4. Legalising Passive Euthanasia:- The court allowed passive euthanasia under strict guidelines, recognising the right to die with dignity.
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A Few Famous PIL Cases Related to Public Interest :
Public Interest Litigation has led to many important judgments that protect public rights and bring positive changes in society. Some well-known PIL cases are given below:
1. Hussainara Khatoon vs State of Bihar (1979):
This case was the first reported instance of PIL in India (1979).
Explanation:- A PIL was filed after newspaper reports highlighted the poor condition of undertrial prisoners in Bihar, many of whom were jailed for periods longer than their possible sentences.
The Supreme Court ordered the release of thousands of undertrial prisoners and recognized the right to speedy trial as a part of Article 21. This case helped establish PIL as a powerful tool of Indian law.
2. Vishaka vs State of Rajasthan (1997):
This case dealt with the issue of sexual harassment of women at the workplace.
The Supreme Court laid down the Vishaka Guidelines to protect women from sexual harassment at work, until proper legislation was enacted.
3. M.C. Mehta vs Union of India:
This case focused on environmental protection.
The Supreme Court passed several important orders to control pollution, protect rivers, and safeguard the environment, especially in cases related to the Ganga River and industrial pollution.
4. Parmanand Katara vs Union of India:
In this case, the Supreme Court held that every hospital must provide immediate medical treatment to accident victims without waiting for legal formalities.
The judgment emphasized the importance of saving human life over procedural delays.
5. Javed vs State of Haryana:
The Supreme Court upheld a law that disqualified people with more than two children from contesting Panchayat elections, stating it was valid and in public interest.
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Process to File a Public Interest Litigation (PIL)
Below are the basic steps to file a PIL in India:
Step 1: Identify the Issue :-
The person filing the PIL (petitioner) must clearly understand the issue that affects the public at large. This can be done through proper research and by consulting people or groups related to the issue.
Step 2: Collect Evidence :-
The petitioner should collect all necessary information and documents, such as reports, records, and newspaper articles, to support the petition in his case.
Step 3: Draft the Petition :-
The PIL petition should include:
- Name of the court
- Name and address of the petitioner and respondent
- The articles under which it is filled
- Facts of the case
- Public issue involved
- Relief sought from the court
Step 4: Send Copy to the Respondent :-
A copy of the PIL petition must be sent to the concerned respondent or authority before filing it in court.
Step 5: Choose the Court :-
The PIL can be filed in the High Court or the Supreme Court, along with proof that copies were sent to the respondents.
- If the petitioner files PIL in the High Court, he/she must submit two copies.
- If it is filed in the Supreme Court, the petitioner must submit five.
Step 6: Submit the PIL :-
Finally, the petitioner submits the PIL in the court registry and pays the court fees, which are usually minimal in PIL cases.
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| Supreme Court PIL writ petition format. |
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Court Proceedings in a PIL :
• The court may accept or reject a PIL.
• If the court accepts the PIL, the government or concerned authority is asked to respond.
• After examining the case, hearing arguments, and reviewing evidence, the court gives its final decision and judgment.
• The court may also direct the government or authorities to take necessary action.
Even a common citizen or an organization can file a PIL for public welfare. The person filing the PIL does not need to be directly affected by the issue.
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Cost of Filing a PIL in India :
The court fee for filing a PIL is usually ₹50 per respondent.
However, the total expense of the case depends on the advocate’s fees, which vary according to the lawyer chosen by the petitioner.
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Conclusion
Public Interest Litigation (PIL) has become one of the most powerful tools for protecting public rights in India. It allows even an ordinary citizen to approach the courts for issues that affect society as a whole. Through PIL, the judiciary has strengthened democracy, protected fundamental rights, ensured government accountability, and given a voice to the poor and vulnerable.
From environmental protection to human rights and social justice, PIL has played a crucial role in bringing positive change. It shows that justice in India is not only for the privileged but for everyone.
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Frequently Asked Questions (FAQs)❓
1. What is Public Interest Litigation (PIL)?
Ans- Public Interest Litigation (PIL) is a legal process through which a person or organization can approach the court to protect public interest and social welfare.
2. Who can file a PIL?
Ans- Any Indian citizen, group of people, or organization can file a PIL. The petitioner does not need to be personally affected by the issue.
3. Where can a PIL be filed?
Ans- A PIL can be filed in the High Court under Article 226 or in the Supreme Court under Article 32 of the Constitution of India.
4. What types of issues can be raised through PIL?
Ans- Issues like environmental pollution, violation of fundamental rights, corruption, bonded labour, women and child welfare, and public health can be raised through PIL.
5. What is the cost of filing a PIL?
Ans- The court fee is usually very low (around ₹50 per respondent). Other costs depend on whether an advocate is hired.
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