Public Interest Litigation (PIL): Importance and Impact on Society

In a democratic country like India, ensuring that justice is accessible to everyone, including marginalized sections of society, is crucial. Public Interest Litigation (PIL) has emerged as a powerful legal tool in the Indian judicial system, allowing citizens to seek justice for public causes and uphold the rights of those who cannot represent themselves. This article explores the concept, significance, and far-reaching impact of PILs on Indian society.

What is Public Interest Litigation (PIL)?

Public Interest Litigation (PIL) refers to the legal process that allows individuals, non-governmental organizations (NGOs), or social activists to file a petition in court on behalf of the public interest. Unlike traditional lawsuits where the petitioner must have a direct stake in the matter, PILs are meant to address issues affecting a larger group of people, often those who are vulnerable or lack the means to access justice.
The concept of PIL in India was introduced to provide access to justice for the underprivileged, ensuring that their fundamental rights are protected. It is a tool to challenge the misuse of power, ensure transparency, and hold the government accountable for its actions.

Historical Background of PIL in India

The concept of PIL was introduced by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer in the late 1970s and early 1980s. The first PIL case in India, Hussainara Khatoon vs. State of Bihar (1979), highlighted the deplorable conditions of undertrial prisoners in Bihar. Since then, PIL has become an effective instrument for social change.

Importance of Public Interest Litigation

PILs serve a vital role in safeguarding public interest and enforcing the rule of law. Below are some key reasons why PILs are significant:

1. Access to Justice for All
   PILs allow citizens, especially the poor and marginalized, to approach the judiciary for protection of their rights. This ensures that justice is not confined to the privileged sections of society.
2. Strengthening Democracy
   By holding government authorities accountable, PILs help in promoting transparency and reducing corruption, thereby strengthening democratic institutions.
3. Upholding Fundamental Rights
   PILs have been instrumental in protecting the fundamental rights enshrined in the Indian Constitution, especially when the government fails to act.
4. Promoting Environmental and Social Welfare
   PILs have been used to address environmental concerns, protect heritage sites, and improve public health, making them a crucial tool for societal development.
   

Impact of PIL on Society

Public Interest Litigations have had a transformative impact on various aspects of Indian society. Here are some notable examples:

1. Environmental Protection

• M.C. Mehta vs. Union of India (1987): This landmark PIL led to the protection of the Taj Mahal from industrial pollution.
• Godavarman Case (1995): The Supreme Court issued orders for the conservation of forests across the country.

2. Human Rights and Social Justice

• Vishaka vs. State of Rajasthan (1997): The Supreme Court laid down guidelines to prevent sexual harassment at the workplace.
• Right to Food Case (2001): The court ensured that the right to food was considered a fundamental right, leading to the launch of schemes like the Mid-Day Meal.

3. Empowering Vulnerable Sections

• Bandhua Mukti Morcha vs. Union of India (1984): This PIL was filed to address the plight of bonded laborers and led to significant legal reforms for their protection.
• Olga Tellis vs. Bombay Municipal Corporation (1985): The Supreme Court ruled that the right to livelihood is an integral part of the right to life.

How to File a Public Interest Litigation (PIL) in India

Filing a PIL is simpler than a traditional lawsuit. Here’s a brief overview of the process:

1. Identify the Issue: Ensure the issue involves public interest, not personal grievances.
2. Draft a Petition: Write a petition highlighting the facts, evidence, and legal provisions supporting the case.
3. Approach the Court: File the petition in the High Court or the Supreme Court.
4. Legal Representation: While hiring a lawyer is recommended, you can also represent yourself (known as “party-in-person”).

Criticisms of PILs

While PILs have been instrumental in bringing about social change, they have also faced criticism:

• Misuse by Individuals: PILs are sometimes used for personal gain or to settle political scores.
• Judicial Overreach: Excessive interference by courts in the functions of the executive branch is sometimes seen as a violation of the separation of powers.
• Delays in Justice: Given the increasing number of PILs, courts often face a backlog, which delays justice in other cases.

Frequently Asked Questions (FAQs)

1. Can anyone file a PIL?
Yes, any individual, NGO, or organization can file a PIL on behalf of those whose rights are violated. The petitioner does not need to be directly affected by the issue.

2. What types of cases can be filed under PIL?
PILs can be filed for issues related to environmental protection, human rights, social welfare, corruption, public health, and other matters affecting the larger public interest.

3. Are there any fees for filing a PIL?
Yes, a nominal fee is required to file a PIL in the High Court or the Supreme Court. However, it is much lower than the fees for regular civil or criminal cases.

4. How long does it take to resolve a PIL?
The time taken to resolve a PIL can vary significantly, depending on the complexity of the case and the backlog in the courts.

5. Can a PIL be withdrawn?
Yes, a petitioner can withdraw a PIL with the permission of the court, especially if the issue is resolved or if the court deems the PIL to be frivolous