Public Interest Litigation in India’s Legal system
Written by Rejima Yengkhom
In the early 1980s , India witnessed the emergence of Public Interest Litigation where Justice P.N. Bagwati and Justice V.R. Krishna Iyer were recognised as the pioneers of Public Interest Litigation who believed in and acted to make justice accessible to the poor and voiceless .
Public Interest Litigation is a legal redressal mechanism which enables any citizens of India to approach the court not for their own benefits but to protect their rights and safeguards the interests of groups of people who might go unheard . It is about empowering the disempowered .
PIL’s primary aim is to ensure the protection and legal enforcement of fundamental rights for all citizens especially for those citizens whose rights were infringed. Traditionally, the legal system is operated on the principle of “locus standi” meaning only an aggrieved person could file a grievances . PIL allows concerned citizens or organisations or groups to bring the sufferings of the marginalised sections of society and the systemic abuses which they face directly to the courts and transforms legal processes into tools for broader upliftment of the society and legal remedies were seek that impact the general public or the community as a whole. It is a collective rights not personal relief.
In a country where millions still struggle to access even the basic necessities. Public Interest Litigation (PIL) has become a bridge between justice and the common people . PIL is not expressly defined or codified in any Act or in Statute .Under the Constitution of India, enforcement of rights can be filed under Article 32 for the Supreme Court and Article 226 for the High Court of any State which has Epistolery jurisdiction . The courts strive to safeguard human rights and give effective meaning under Article 14 – fundamental right to equality, Article 21- Right to life and personal liberty, to speedy trial, free legal aid, dignity, means and livelihood, education, healthy life, medical treatment, clean environment, and right against torture, cases of sexual harassment, solitary confinement, and other related issues which have increased significantly.
Purview of PIL:
Public Interest Litigation (PIL) has undergone a significant evolution, widening its purview in :
• Issues regarding abuse and neglected child
• Bonded labour matters relating non payment of minimum wages and exploitation of workers.
• Preservation of historical monuments and protection of cultural sites
• Petitions from riots victims, communal violence
• Environmental protection
• Atrocities against woman
• Cases related to consumer rights
• Other matters of public importance.
One of the earliest and most impactful PILs was the Hussainara Khatoon vs State of Bihar case in 1979 for the undertrials prisoners which were detained for more excess period than the offence they had committed in this the Supreme Court’s ruling affirmed that right to speedy trials is an integral part of the fundamental right to life and personal liberty as implicit under Article 21 of the Indian Constitution and emphasis the way for the establishment and strengthening of free legal aid services across the country for the poor and indigent people under Article 39A of the Constitution .
Over the years, Public Interest Litigation has been working as an important instrument of social change. It works for the welfare of every section of society. Concerns about the misuse and consequences of filing PILs :
• for self interest disguised as public services
• to gain media attention and popularity
• to harass government officials or private individuals.
• to file vexatious litigation which have led courts to emphasise the need for bonafide intention and to impose costs on such frivolous petitions.
A recent hearing file through PIL in the Supreme Court is Poulomi Pavini Shukla v. Union of India , where the top court directs all the states for the inclusion of orphaned children in private schools for free education under the 25 percent quota for children of weaker sections and disadvantaged groups to protect the rights of orphaned children.
Even with all these challenges of Public Interest Litigation, it remains as an effective legal instrument for enhancing the judicial system in India where it acts as a significant move for promoting social change . And as we move forward, PIL continues to develop and evolve to a huge extent and ensures in delivering justice for all.