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Public Interest Litigations

April 21st, 2007 , by amitagwl

We often hear about public interest litigations raised by several individuals and groups. I always wondered if I can do it and if I am eligible to do it as well. While I was searching for this information, I found couple of good links. From virtualpune:

What is a PIL?
Public Interest Litigation (PIL) - litigation for public interest. PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position. It is different from ordinary litigation, in that it is not filed by one private person against another for the enforcement of a personal right. The presence of ‘public interest’ is important to file a PIL.

A PIL can be filed when the following conditions are fulfilled:

  • There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority.
  • It is for the enforcement of basic human rights of weaker sections of the community who are downtrodden, ignorant and whose fundamental and constitutional rights have been infringed.
  • It must not be frivolous litigation by persons having vested interests.

Who may file a PIL?
The Supreme Court (SC), through its successive judgements has relaxed the strict rule of ‘locus standi’ applicable to private litigation.

Any person can file a PIL provided:

  • He is a member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury.
  • He is not a mere busy body or a meddlesome interloper.
  • His action is not motivated by personal gain or any other oblique consideration.

How to file a PIL:
A PIL may be filed like a write petition. However, in the past the SC has treated even letters addressed to the court as PIL. In People’s Democratic union v Union of India, a letter addressed by the petitioner organization seeking a direction against the respondents for ensuring observance of the provisions of famous labour laws in relation to workmen employed in the construction work of projects connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues related to environment, human rights etc.

Some more information is available at corecentre.org

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2 Responses to “Public Interest Litigations”

  1. Aman.. Says:
    June 1st, 2007 at 5:43 am

    Prior to 1980s, Only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved party. In other words, only the affected parties had the locus standi (standing required in law) to file a case and continue the litigation and the non affected persons had no locus standi to do so..

    This may be a very helpful step towards providing justice but it surely has some probles attached to it.. PIL is sometimes misused by people.. People with baseless reasons file PILs.. thus wasting time of the Court..

    But PILs have surely helped the judicial system..

    It was really nice reading your blog.. Good Work..

    Regards..

    Aman..

    http://tigersinindia.blogspot.com

  2. amitagwl Says:
    June 29th, 2007 at 1:28 am

    Thanks Aman. All the powers are to be exercised with lot of responsibility. I am sure with the help of awared citizens like you, we can put this power to a great use. Thanks for stopping by.

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