Public Interest Litigation

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”. Any matter where the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law such as Pollution, Terrorism, Road safety, Constructional hazards, etc. It is one of the most potent weapons, the judiciary in India has acquired in recent times to enforce the legal obligation of the executive and the legislature. its object if is to render justice and help in the promotion of the wellbeing of the people. it is a litigation involved in the protection of the interests of the public at large. it is used to protect look interest and not individual interest, for which fundamental rights have been provided. the right to issue PIL is available to the Supreme Court and the high courts. the concept of the PIL has in emanated from the power of judicial review of the constitution. relief provided by the quote is usually in the form of direction or order to the state including compensation to the affected parties. 

The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganized consumers, citizens who were passionate about the environmental issues, etc.

PIL is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of the public at large. It is the power given to the public by courts through judicial activism. However, the person filing the petition must prove to the court’s satisfaction that the petition is being filed for public interest and not just as a frivolous litigation by a busy body.

Some of the matters which are entertained under Public Interest Litigation are Neglected Children, Bonded Labour matters, Atrocities on Women, Non-payment of minimum wages to workers, exploitation of casual workers, food adulteration, Environmental pollution, and disturbance of ecological balance, Maintenance of heritage and culture, etc. A Public Interest Litigation (PIL) is introduced in a court of law not by the aggrieved party but by a private party or by the court itself.

Significance of PIL:

• PILs have become a potent tool for enforcing the legal obligation of the executive and the legislature.
• The chief objective behind PILs is ensuring justice to all and promoting the welfare of the people.
• It is generally used to safeguard group interests and not individual interests, for which Fundamental Rights have been provided.
• The Supreme Court of India and the High Courts have the right to issue PILs.
• The concept of PILs stems from the power of Judicial Review.
• The concept of PILs has diluted the principle of locus standi, which implies that only the person/party whose rights have been infringed upon can file petitions.
• It has most ideally and commonly been used to challenge the decisions of public authorities by judicial review, to review the lawfulness of a decision or action, or a failure to act, by a public body.
• PILs have played an important role in India’s polity. They have been responsible for some landmark judgements in India such as the banning of the instant triple talaq, opened up the doors of the Sabarimala and the Haji Ali shrines to women, legalised consensual homosexual relations, legalised passive euthanasia, and so on.
• It is an important tool to make human rights reach those who have been denied rights.
• It democratizes the access of justice to all. Any citizen/agency who is capable can file petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.
• It is an important tool in judicial review.

Procedure to File PIL in India

Any public-spirited citizen or organisation can move the quote from the public cause by filing a petition: 

• in the Supreme Court under article 32 of the constitution 
• in the High Court under article 226 of the constitution 
• in the court of magistrate under section 133 of the code of criminal procedure. 
• also, in many instances the Supreme Court has acted on the basis of letters received from aggrieved persons, journalists, lawyers, and social workers and even based on newspaper reports. 

The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress.

Guidelines for checking the misuse of PIL:

The Supreme Court has laid down the following guidelines for checking the misuse of the PIL:

• That the court must encourage genuine PIL and effectively discourage and curb the PIL filed for extraneous considerations. 
• Each High Court must properly formulate rules for encouraging the genuine PIL filed and discouraging PIL filed with oblique motives, instead of every individual Judge devising his own procedure for dealing with PIL. 
• The credentials of the petitioner should be prima facie verified by the Court before entertaining the PIL. And the court should be prima facie satisfied regarding the correctness of the contents of petition. 
• The petition which involves larger public interest, gravity and urgency must be given priority over other petitions by the Court. 
• It must be ensured by the Court that the PIL is not aimed at personal gain, private motive or oblique motive and should be aimed at redressal of genuine public harm and public injury. 
• The court should also ensure that the petition filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations. 

Criticism

Off late, PILs have become a tool for publicity. People file frivolous petitions which result in the wastage of time of the courts. People have used them with a political agenda as well. They unnecessarily burden the judiciary. Even if the petition is eventually dismissed, the courts spend time and effort on them before dismissing them.

At present, only judges have the power to dismiss a petition. The Registry of the SC or HC only ensures that the technical requirements of filing a petition are fulfilled. As a result of which petitions are admitted to the court irrespective of the merits of the case.

Conclusion

PIL has succeeded in its original purpose of reaching the helpless. judiciary has taken up several social issues through PIL. the Supreme Court has also taken up steps to free bonded labourers, and issues of tribals, slum dwellers, women in rescue homes, children in juvenile homes, child labour etc. In the case of environmental pollution and ecological destruction, the Supreme Court has ordered the closure of a few factories, banned mining, road construction, etc. It has enormously increased the awareness among the masses about their rights and the institutional arrangements in the form of the judiciary to get them implemented. It is said that PIL has democratized the judiciary. It has forced the executive and the legislature to discharge their constitutional obligations towards people.