Public Interest Litigation (PIL)

INTRODUCTION

Public Interest Litigation is of a recent development, which has, of late, aroused considerable interest and attracted a lot of publicity. It has been hailed as a new Juristic horizon, an important step in widening the area of administration of Justice. Its votaries have described it as a boon devised by the enlightened judiciary for providing relief to the poor, needy and those members of community who by reason of poverty, helplessness or disability, ignorance, illiteracy or socially or economically disadvantaged position are not able to exercise their rights. Public Interest Litigation gives scope and opportunity to the vigilant citizens to bring to the notice of the court, wrongdoing to the downtrodden and the oppressed section of the society.

MEANING

The word Public Interest Litigation has been deeply surveyed, explored and explained not only by various judicial pronouncement in many countries, but also by eminent judges, jurist, activist lawyers, outstanding scholars, journalist and social scientist etc. with a vast eradication.

Public Interest:

The meaning of the word ‘Public Interest’ is defined in the Oxford English dictionary as “the common well-being” and also “public welfare”.

In Black’s Law dictionary, “Public Interest” is defined as “something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything to narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizen generally in affairs of Local, State or National Government.

Litigation:

The expression ‘Litigation’ means a legal action including all proceedings therein, initiated in a court of law with the purpose of enforcing a right or seeking a remedy.
 

DEFINITION

Therefore, the expression Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the legal rights or liabilities of the public are affected. The public interest litigation is moved in the court of law where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional rights or legal rights.

HISTORICAL DEVELOPMENT

The period of 1960’s in the United States of America was the important period of social embroilment during which not only manifold changes in many institutions tool place, but also significant reforms, of which “Public Interest Litigation” was one, were proposed and tried.

Origin and development of the concept of Public Interest Litigation (P.I.L) in India:

During the last three decades, judicial activism has opened up a dimension for the judicial process and has given a new hope to the justice starved millions. On the question of importance of its various aspects in the context of the present day felt needs, stimulated by the emergence of a variety of new social movements and societal exigencies, Hon’ble Supreme Court has laid down a long line of decision, outlining the evolution of “Public Interest Litigation”, its vital issues and problems relating to the focus, choice of relief methods, the means and the administrative strategy for litigation and the demand for distributive justice for resolving the complicity of social problems and creating genuine initiatives so that this new activism maybe more meaningful for the cause of social justice. Thus, the concept of Public Interest Litigation which has been and is being fostered by judicial activism has become increasingly important, setting up valuable and respectable records, especially in the arena of constitutional and legal treatment for “the unrepresented and underrepresented”.

The seed of the concept of Public Interest Litigation were initially sown in India by Krishna Iyer J. in 1976 in the case of Mumbai Kamgar Sabha Vrs Abdulbhai (1976) 3 SCC 823; (AIR 1976 SC 1455).
After the germination of the seeds of the concept of Public Interest Litigation (P.I.L) in the soil of our judicial system, this rule of P.I.L was nourished, nurtured and developed by the Apex Court of this land and by a series of outstanding decision.
 

FEATURES

1. Who can file a Public Interest Litigation (P.I.L)? :

Any individual, person or persons, groups, association, State etc. can file a Public Interest Litigation if his right and interest and if the rights and interest of the determinate and oppressed class of persons are affected and violated and who is/are unable to approach the court of law.

2. Situations giving cause to move a Public Interest Litigation (P.I.L):

Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provisions without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinant class of persons by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach for relief, any member of the public can file an application in the High Court under Article 226 of the Constitution of India for an appropriate direction, order or writ and in case of reach of nay Constitutional Rights or Fundamental Rights or such person or determinate class of persons and application may be filed in the Supreme Court under Article 32 of the Constitution of India seeking judicial redress for the legal wrong or injury caused to such person or determinate class of person.

3. When Public Interest Litigation is possible:

Public Interest Litigation (P.I.L) was initially invoked mostly in cases connected with the relief to the people and the weaker sections of the society and in areas where there was violation of Human Rights under Art 21, but with the passage of time, petitions have been entertained in other spheres as well. Public Interest Litigation (P.I.L) maybe moved in any of the following contingencies:-

(a) Where the concerns underlying a petition are not individualist but are shard widely by a large number of people ie, bonded labourer, under trial prisoners, prison inmates.
(b) Where the affected persons belong to the disadvantageous section of society ie, women, children, bonded labour etc.
(c) Where it is necessary to avoid exploitation ie, inter-country adoption, the education of the children of the prostitutes.
(d) Where administrative decision related to development are harmful to the environment an jeopardize people’s right to natural resources such as air and water.
 

LIMITATION

Involvement of genuine Public Interest:

Public Interest Litigation which has now come to occupy an important field in the administration of law should not be “Publicity Interest Litigation” or “Private Interest Litigation” or “Politics Interest Litigation” or the latest trend “Praise Income Litigation”. There must be a real and genuine public interest involved in the litigation and not merely an adventure. It cannot also be invoked by a person or a body or persons to further his or their personal causes or satisfy his or their personal grudge and enmity. A person acting bonafide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.

It is thus clear that only a person acting bonafide and having sufficient interest in the proceeding of P.I.L will alone have a locus standi and can approach the court to wipe out the tears of the poor and the needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit or political motive or any oblique consideration.

Difference between Public Interest Litigation and Private Interest Litigation:

A private Interest Litigation is also a Traditional Private Litigation. A Traditional Litigation is that, where there is a dispute between two litigating parties, one party claims or seeks relief against the other and the other party is opposing such claim or is resisting such relief. Whereas, Public Interest Litigation is brought before the court not for the purpose of enforcing the right of the one individual against the other happens in the case of ordinary litigation, but it is brought for redressal of the problems of violation of Constitutional or legal rights of a large number of people who are poor, ignorant or socially and economically in disadvantaged position.

Guidelines issued by the Supreme Court for entertaining a Public Interest Litigation:

(a) A person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of Fundamental Rights but not for personal gain or private profit or political motive or any oblique consideration.

(b) A writ petitioner, who comes to the court for relief in public interest, must come not only with clean hands, but also with a clean heart, clean mind and clean objective.

(c) The court should not exercise this jurisdiction lightly, but should exercise in very rare and few cases involving public interest of large number of people who cannot afford litigation and are made to suffer at the hands of the authorities.

(d) Public interest litigation is a weapon which has to be used with great care and circumspection, and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest and ugly private malice, vested interest or publicity seeking is not lurking.

(e) This extra-ordinary power should be used sparingly and absolutely in matters involving down-trodden people.

IMPORTANCE

When we look at the size of the population of India and their poverty, we can sum up that Public Interest Litigation (P.I.L) is very much important as it provides a relief to the poor, the needy and those members of community who by reason of ignorance, illiteracy, backwardness, inertia or lack of means are not able to exercise their rights. Whenever any wrong or injustice is done against them. The P.I.L allows or gives an opportunity to the vigilant citizen to bring to the notice of the court for the wrong doing to the poor and any oppressed section of the society for redressal. In this way, it can remove the social problems like burden of the poor section of societies and also brings equality of the poor and the helpless before the law.

IMPACT

Today, a vast revolution is taking place in the judicial process. The theatre of the law is fast changing and the problems of the poor are coming to the forefront. The court has to innovate new methods and devise new strategies for the purpose of providing access to justice to large masses of people who are denied their basic human rights and to whom freedom and liberty have no meaning. The only way in which this can be done is by entertaining writ petitions and even letters from public spirited individuals seeking judicial redress for the benefit of persons who have suffered a legal wrong or a legal injury or whose constitutional or legal rights have been violated but who by reason of their poverty or socially or economically disadvantaged position are unable to approach the court for relief.

It is in these type of cases that a letter which is addressed by an aggrieved person or by a public spirited individual or social action group  for the enforcement of constitutional or legal rights of a person who by reason of poverty or disability position find it difficult to approach the court for redress. And when these types of circumstances occur, the court ie, the High Court and the Supreme Court would be justified to treat the letter as a Writ petition. There may also be cases where even a letter addressed for redressal of a wrong done to an individual may be treated as a writ petition where the Supreme Court can do so in the interest of Justice eg, The Supreme Court in Sunil Batra Vrs Delhi Administration, (1990) 3 SCC 488; (AIR 1980 SC 1579), accepted a letter written to the Supreme Court by one Sunil Batra, a prisoner from Tihar jail, Delhi, complaining that the jail warden had subjected another prisonere serving life term in the same jail to inhuman torture. The Supreme Court treated that letter as a writ petition and by an elaborate judgement allowed the petition and issued certain directions inclusive of one for taking suitable action against the erring official to the Ministry of Home Affairs and all state Governments on the ground that prison justice has pervasive relevance and also by enforcing the constitutional right to which he was entitled to, even while in confinement.

This is an innovative strategy which has been evolved by the Supreme Court for the purposes of providing easy access to justice to the weaker sections of Indian humanity and it is a powerful tool in the hands of public spirited individuals and social action groups for combating exploitation an injustice and securing for the under-privileged segments of society their social economic entitlements.

P.I.L AND ITS APPLICATION ON SOCIAL WORK

If we look at the social work profession, it is seen that some of the main objectives of the Social work is to give a social welfare services and also to render help to the poor, needy and weaker section of the societies. Advocacy is also one of the main roles of the social worker in voicing the voiceless and helping the weaker sections of the society to get a relief form any injustice or wrong done against them for their well-being. Likewise, P.I.L also allow and give an opportunity not only to person who is deprived of his rights but also to individuals, groups and associations etc. who is concerned for others, who is interested and who want to help the oppressed section of the society to get justice and relief form the wrong. Therefore, Social work profession is very much related to P.I.L because the role of the social worker and the objective of the P.I.L is the same. It is further interested to note that P.I.L is usually entertained by a court for the purpose of redressing public injury, enforcing public duty, protecting social rights and vindicating public interest. The real purpose of entertaining such application is the vindication of the rule of law, effective access to justice to the economically weaker class and meaningful realization of the fundamental rights.
 

CONCLUSION

The entire discussion as regards to public interest litigation reveals that a public-spirited person or association normally not having locus standi to move a petition can be allowed to move a public interest litigation for public interest for vindication and for protection of the constitutional or legal right of a determinate and oppressed class who are unable to approach the court. There cannot be any justification whatsoever to deny such right to the state, in a fit and proper case, to move the court by a Public Interest Litigation for the protection and vindication of the legal and constitutional rights of the underprivileged and of a determinate class of persons who are unable to approach the court and who sometimes are not even aware of their rights to save themselves form exploitation.

It is now consistent view of the Supreme Court that every action of the State is for public interest and must be for public food, and therefore, every action of the state is to be tested on the touchstone of Art 14 of the Constitution of India. Thus, if every action of the State is for the public interest and for the public good, the state can safely be said to be a repository of the public interest under such circumstances, if by impugned action of a body of person amenable to writ jurisdiction complained of the rights and interest of determinate oppressed class unable to approach the court are affected, the state can also be allowed to maintain a public interest litigation in a fit and proper case, particularly in the absence of suitable legislation and inability to legislate in particular field, to protect and vindicate the rights of such determinate class before the court of law and if the basic ingredients of public interest litigation are found to be present, the application cannot be thrown on the ground that the petition has been moved by the State.

References

1. Constitutional law by P.M. Bakshi
2. The Constituional law of India by Dr. J.N. Pandey
3. Rachna Law Books
4. Public Interest Litigation, Legal Aid and Para Legal Services by R.K. Agrawal
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