PUBLIC INTEREST LITIGATION

Public interest litigation, commonly known as PIL, is a concept that originated in The United States of America during the 1960s and was adopted by the Indian judiciary for the betterment and upliftment of underprivileged people at large, particularly to people who cannot afford legal aid. PIL is not defined in any statue. It has been interpretated by jurists, judges, advocates etc.

EVOLUTION OF PIL IN INDIA:

·       The seeds of Public Interest Litigation (PIL) were first sown in the case of G. Vasantha Pai vs Sri S. Ramachandra Iyer,1967. In this case, it was alleged that Judge S. Ramachandra Iyer had forged his date of birth to avoid compulsory retirement at the age of 60. However, before the case could be heard, Iyer resigned from his position, and the case was dismissed. This case set an important precedent as it recognized the power of citizens to bring issues of public interest to the forefront and to hold those in power accountable.

·       Justice Krishna Iyer spoke about PIL in the 1976 Mumbai Kamgar case (Mumbai Kamgar Sabha vs M/s Abdulbhai Faizullabhai and others,1976). He noted: “Public interest is promoted by a spacious construction of locus standi in our socio-economic circumstances and conceptual latitudinarianism permits taking liberties where the remedy is shared by a considerable number, particularly when they are weaker.”

·       The first reported case of PIL was Hussainara Khatoon & Ors vs home secretary, state of Bihar ,1979. which focused on the inhuman conditions of prisons and under-trial prisoners that led to the release of more than 40,000 under-trial prisoners.

·       In S.P. Gupta vs Union of India, also known as the "Judges' transfer case," the Supreme Court of India held that PIL is a powerful tool to ensure justice to the public and that any person or organization can approach the court for enforcement of fundamental rights.

Other landmark cases of PIL are as follows

v  Vishaka & Ors vs State of Rajasthan & Ors on 13 August, 1997

v  M.C. Mehta vs Union of India & Others on 22 September, 1987

v  Lakshmi Kant Pandey v. Union of India, 1984 AIR 469 

v  Indian Banks' Association, ... vs M/S Devkala Consultancy Service & ... on 16 April, 2004

v  Anil Yadav & Ors vs State of Bihar & Anr on 23 March, 1982

Who can file PIL and against whom?

PIL can be filed by any citizen of India or organization on behalf of the public interest-

1.     Under Art 32 of the Indian Constitution, in the Supreme Court.

2.     Under Art 226 of the Indian Constitution, in the High Court.

3.     Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.

o   The person filing the PIL must not have a direct interest in the case.

o   PIL is filed against state defined under Article 12 of the Indian Constitution.

MATTERS ON WHICH PIL CAN BE FILED:

No petition involving individual/ personal matter shall be entertained as a PIL matter except –

1.     Bonded Labour matters.

2.     Neglected Children.

3.     Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).

4.     Petitions from jails complaining of harassment, for (pre-mature release) and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.

5.     Petitions against police for refusing to register a case, harassment by police and death in police custody.

6.     Petitions against atrocities on women, in particular harassment of bride, bride[1]burning, rape, murder, kidnapping etc.

7.     Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.

8.     Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.

9.     Petitions from riot -victims.

10.   Family Pension

CASES WHICH CANNOT BE ENTERTAINED?

Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:

1.     Landlord-Tenant matters.

2.     Service matter and those pertaining to Pension and Gratuity.

3.     Complaints against Central/ State Government Departments and Local Bodies Admission to medical and other educational institution.

4.     Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

LIMITATIONS OF PIL:

§  overburdening of courts

§  frivolous PILs by parties 

§  Judicial Overreach

§  Once a matter has been declined cannot be entertained again.

CONCLUSION:

Public Interest Litigation (PIL) is a legal tool that allows any citizen or organization to file a petition on behalf of the public interest in the Indian judiciary. PIL was first recognized in the case of G. Vasantha Pai vs Sri S. Ramachandra Iyer,1967, and the first reported case of PIL was Hussainara Khatoon & Ors vs home secretary, state of Bihar,1979. PIL can be filed in the Supreme Court, High Court, or Court of Magistrate. PIL has its limitations, including overburdening of courts, frivolous petitions, the possibility of judicial overreach etc. Nevertheless, PIL has been instrumental in bringing justice to the underprivileged people of India through landmark cases.

REFRENCES:

• 1979: The first PIL petition - Frontline (thehindu.com)
• Public interest litigation in India - Wikipedia
• SUPREME COURT OF INDIA (sci.gov.in)
• Public Interest Litigation (drishtiias.com)
• Indian Kanoon - Search engine for Indian Law