Public Interest Litigation (PIL)

Public Interest Litigation (PIL) in India empowers individuals and groups to approach courts for public interest matters. It started in 1976 and has led to significant cases like Hussainara Khatoon and S.P. Gupta. PIL expands access to justice, allowing those not directly affected to file petitions. Courts use writ jurisdiction to uphold rights and promote good governance. PIL covers diverse issues, addressing public welfare. While PIL is a valuable tool, guidelines are necessary to prevent misuse and ensure integrity. It plays a crucial role in advancing social justice and human rights in India.

Introduction 

In India, a special legal mechanism known as Public Interest Litigation (PIL) permits any person or organization to immediately approach the judiciary to request a remedy for infringement of fundamental rights or other problems of public importance. PIL has made a significant contribution to India’s efforts to advance social justice, defend human rights, and hold the government responsible.

Indian PIL Origins and Development: Some Important Decisions

Justice Krishna Iyer first introduced the idea of public interest litigation in India in Mumbai Kamagar Sabha vs. Abdul Thai in 1976.

Hussainara Khatoon v. State of Bihar (1979) was the first PIL case to be publicly known; it focused on the inhumane treatment of prisoners and those awaiting trial and resulted in the release of more than 40,000 such prisoners.

A vital fundamental right that had been denied to these convicts was their right to prompt justice. In succeeding occurrences, the same predetermined pattern was used.

In the case of S.P. Gupta v. Union of India, Justice P.N. Bhagawati signaled the beginning of a new phase in the PIL movement.

In this case, it was decided that “any member of the public or social action group acting bona fide” could use the Supreme Court’s (Article 32) or the High Court’s (Article 226) Writ Jurisdiction to seek redress against the violation of a person’s legal or constitutional rights if they are unable to approach the court due to a social, economic, or other disability.

By this ruling, PIL became a powerful tool for the enforcement of “public duties” where an administrative action or wrongdoing caused harm to the public. As a result, any Indian citizen, consumer organization, or social action group may now approach the country’s top court to seek legal remedies in any situation where the general public’s or a particular portion of the public’s interests are at risk.

Justice Bhagwati worked hard to ensure that the idea of PILs was articulated clearly. He did not demand that formalities be followed and even treated routine letters from people who cared about the public as writ petitions.

“In an appropriate case, where the petitioner might have moved a court in furtherance of Public Interest may treat it as a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice,” the Supreme Court stated in Indian Banks’ Association, Bombay & Ors. Vs. M/s Devkala Consultancy Service and Ors. So, it is possible to treat a private interest argument as one of public interest.

In re Union of India, M.C. Mehta to stop further pollution of the Ganga River, a Public Interest Litigation was initiated. The Supreme Court ruled that the petitioner, who is not a riparian owner but is interested in safeguarding the lives of those who utilize Ganga water, is allowed to petition the court for the execution of statutory restrictions.

State of Rajasthan v. Vishaka Sexual harassment was recognized as a breach of Article 14, Article 15, and Article 21 of the Constitution in the case’s ruling. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redress) Act of 2013 was likewise ordered by the recommendations. 

Public Interest Litigation in India mostly consists of:

1. Locus Standi: 

Unlike traditional litigation, where only parties who are harmed can file a case, PIL enables anyone or any organization to file a petition on behalf of the public interest, including public-spirited individuals, social activists, and NGOs. This increases access to justice for those who are not directly harmed.

2. Writ Jurisdiction: 

The High Courts and the Supreme Court of India’s writ jurisdiction generally hear PIL matters. To uphold fundamental rights and promote good governance, the courts have the authority to issue writs such as Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

3. Wide-ranging Issues: 

PIL lawsuits deal with a variety of topics, such as defending the environment, protecting consumers’ rights, fighting corruption, promoting gender equality, protecting children’s rights, improving jail conditions, and more. Addressing structural problems and ensuring public welfare are the goals.

4. Elements: 

Cases involving PILs must have a significant public interest component. The petitioner must show that the problem affects a sizable portion of society or the disadvantaged and that resolving it would result in the public good or justice.

5. Relaxation of Procedural Rules: 

To enable accessibility and prompt resolution, PIL cases benefit from some procedural rule relaxations. For instance, depending on news reports or letters received, the courts may suo moto (on their own) take cognizance of certain situations.

6. Legal Aid and Public Advocates: 

In PIL matters, the courts have the authority to appoint amicus curiae (friends of the court) or public advocates to represent the interests of impacted people or groups who may not have the financial means to hire legal counsel.

PIL in India has been crucial in advancing human rights, fostering social and legal reforms, and drawing attention to problems that might not have received it otherwise. It has given citizens greater access to the legal system and played a vital role in determining public policy.

Scope and Procedure

The steps for submitting a PIL are as follows:

1. Before submitting a PIL, one must conduct a thorough study of the problem. When a PIL is filed on behalf of a large number of people, the petitioner must speak with all of the parties involved.
2. Once you’ve decided to file a PIL, gather all the necessary data and paperwork to serve as proof in your favor. You can present your case on your own or have a lawyer present it on your behalf.
3. A lawyer should always be consulted before submitting the PIL. Be prepared to explain the issue and persuade the court in the time allocated if you decide to provide your arguments if you choose to do so.
4. Send two copies of the petition to the court after the PIL copy is prepared to be filed in the High Court. Additionally, the petition must also be served in advance on the respondents in one copy. The petition must include a copy of the documentation of serving the respondents with a copy of the petition.
5. Five copies of the petition must be filed with the Supreme Court if the PIL is filed there. When the court issues notice on the petition, the copy is served to the respondent.

Procedure Letter: 

Public interest litigation will typically be considered for petitions that fit under just one of the following categories:

1. Bonded labor is important.
2. Kids who are neglected.
3. Complaints of violations of labor laws (apart from unique circumstances) and the failure to pay workers the minimum wage.
4. Requests for (premature release), released after serving 14 years in prison, death in custody, transfer, release on personal bail, and a fast trial as a fundamental right from jails that complain of harassment.
5. Petitions against police for failing to file a case, intimidating them, and dying while in their care.
6. Petitions against crimes against women, such as bride-burning, rape, murder, and other atrocities such as bride harassment.
7. Petitions from members of the Scheduled Caste and Scheduled Tribes and members of economically disadvantaged sections alleging harassment or torture of villages by neighbors or the police.
8. Petitions concerning issues of public importance, such as environmental degradation, disruption of the ecological balance, drug use, food adulteration, preservation of heritage and culture, antiques, preservation of the forest and wildlife, and other such issues.
9. Revolt victim petitions.
10. Family Pension 

All letter petitions received by the PIL Cell will first be screened there, and only those that fall under one of the aforementioned categories will be presented to a judge chosen by the Hon. Chief Justice of India for guidance before the case is listed before the relevant Bench.

If a letter petition is to be filed, the Registrar (Judicial) (or another Registrar designated by the Hon’ble Chief Justice of India) should make the corresponding orders, not the Additional Registrar or any other inferior officer.

Initially, only one Hon. Judge may be given this task; however, as the workload increases, that number may be raised to two or three. 

• Submission Notes be presented before an honorable judge designated for the durations as may be determined from time to time by the Hon. Chief Justice of India.
• If a letter petition is examined and it is determined that it does not fall under the PIL rules and that no public interest is involved, the letter petition may only be filed with the Hon. Chief Justice of India’s designated Registrar.
• Whenever it is not too onerous a demand, it may be beneficial to require an affidavit to be filed in support of the claims made in the petition. 

Instead of all such things being heard judicially in this Court alone, the matters that can be handled by the High Court or any other body may be forwarded to them without any comment at all.

Cases that fall into one of the following categories won’t be accepted as public interest litigation; they may instead be sent back to the petitioners or filed in the PIL Cell, depending on the circumstances:

1. Tenant-landlord issues.
2. Service-related issues and issues with pensions and gratuities.
3. Any complaints against local government entities and departments of the federal or state governments that are unrelated to items (1) through (10) above.
4. Acceptance into a hospital or other educational facility.
5. Requests for an early hearing of cases that are pending before the High Court and lower courts.

The petitioners may be requested to file a petition under Section 125 of the Criminal Procedure Code or a lawsuit in the court of competent jurisdiction about petitions for support for a wife, children, and parents and to do so by contacting the closest Legal Aid Committee for assistance and counsel.

PIL Abuse:

However, as PIL has grown, its flaws and downsides have also come to light. As a result, the top court has been forced to establish rules that will control how PILs are handled and disposed of. Additionally, PIL misuse is growing in tandem with its extensive and varied use.

Since frivolous cases could be filed without paying high court costs, as is necessary for private civil litigation, many PIL activists in the nation have recently discovered the PIL to be a useful tool for harassment. Deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.

The threshold for locus standi has been lowered, which has enabled privately motivated purposes to pass for public interests in much the same way that a weapon intended for defense can be used equally well for offense.

Genuine causes either faded into the background or started to be looked at with mistrust due to fictitious reasons put out by privately driven interests under the cover of the so-called public interests, as PIL misuse has grown more widespread than its usage.

Steps required:

The Supreme Court itself has created specific guidelines (to oversee the administration and disposal of PILs) to limit PIL abuse. The court must take care to ensure that anyone who approaches it is acting in good faith and not for personal gain, private profit, political reasons, or any other ambiguous factors. The court should prevent politicians and others from abusing the procedures to stall legal administrative action or advance their political agendas. Political pressure organizations may attempt to use the courts (via the use of PILs) to further their highly vested interests if they were unable to do so through political or administrative processes.

In situations where the PIL may have an impact on the rights of parties who are not before the court, the court must always consider how the relief will affect those parties’ interests. The court must also proceed with extreme caution and follow a procedure that ensures adequate notice to all parties who may be impacted.

Currently, the court has the authority to act on a letter as a writ petition. However, the court may not consider every letter to be a writ petition. The court would be justified in treating the letter as a writ petition only in the following circumstances: (i) It is only where the letter is addressed by an irrationally resentful person, (ii) a public-spirited person, or (iii) a social action group for enforcement of the legal or constitutional rights of a person in custody or of a class or group of people who, due to poverty, a disability, or being in a disadvantageous social or economic position

Even while it is imperative to stop the misuse and abuse of PIL, any government attempt to control the PIL is met with loud opposition from people who are unaware of its exploitation and believe that any regulation will erode their fundamental rights. In these situations, the Supreme Court of India must intervene by using the safeguards stipulated by the civil procedure rules in cases involving stay orders and injunctions in the context of PILs.

When a stay order is obtained at the request of a private party or even at the request of a body litigating in the public interest, Justice Sujata V Manohar correctly stated that any interim order which prevents the project from moving forward must provide for the reimbursement of costs to the public in the case ultimately the litigation started by such a person or body fails. In other words, the public must receive compensation for both the project’s implementation delay and the resulting cost increase.

Conclusion

A PIL is a crucial legal weapon, particularly for the defense of the rights of individuals unable to personally approach the courts. They are one of the types of litigation that are most frequently utilized, particularly in environmental disputes. To prevent people from filing PILs in the public interest or on behalf of the underprivileged, disabled, or poor, the courts have made an effort to simplify the rules governing PILs. However, there have been several instances where individuals have attempted to use PILs to advance their objectives. Therefore, to prevent the abuse of PILs, courts must continue to exercise utmost caution.

In the Indian legal system, public interest litigation (PIL) is a procedure that enables people or organizations to approach the courts on behalf of the general public or marginalized groups. It broadens the pool of potential plaintiffs by enabling any individual or group to serve as a “Public Interest Litigant.” The High Courts and the Supreme Court of India have the authority to issue writs in PIL cases, which gives the courts the ability to uphold fundamental rights and promote good governance. PIL has been crucial in advancing social justice, defending human rights, and holding government officials responsible.