PIL (Public Interest Litigation)

Public Interest Litigation (PIL) is a legal mechanism in India that allows individuals or organizations to approach the judiciary in matters of public interest, even if they are not directly affected by the issue. The concept of PIL emerged as a result of judicial activism, aiming to make justice more accessible and inclusive for marginalized and underprivileged sections of society.

Historical Background:

The concept of PIL in India was inspired by the activism of the judiciary in the United States during the 1960s and 1970s. In India, the evolution of PIL can be traced back to the 1980s, when the Supreme Court started relaxing the traditional rule of “locus standi,” which required a person to have a direct connection to the matter to file a case. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were pioneers in championing PIL as a tool to promote social justice and human rights.

Objectives of PIL

1. Access to Justice: PIL aims to provide access to justice for those who are economically or socially disadvantaged.
2. Protection of Fundamental Rights: It serves as a mechanism to enforce fundamental rights enshrined in the Constitution, particularly for marginalized groups.
3. Accountability of Public Authorities: PIL ensures that public authorities and institutions are held accountable for their actions or inactions.
4. Promotion of Social Welfare: It addresses issues related to environmental protection, corruption, human rights violations, and other matters of public concern.

Features of PIL

1. Relaxed Locus Standi: Any public-spirited individual or organization can file a PIL on behalf of affected parties.
2. Pro Bono Litigation: Lawyers and advocates often take up PIL cases pro bono to serve public interests.
3. Wide Range of Issues: PIL covers diverse issues, including environmental protection, child labor, gender justice, and corruption.
4. Judicial Activism: PIL reflects the proactive role of the judiciary in addressing social and economic inequalities.

Significant PIL Cases:

1. Hussainara Khatoon v. State of Bihar (1979): Focused on the plight of undertrial prisoners and emphasized the right to speedy trial.
2. M.C. Mehta v. Union of India (1987): Addressed environmental issues, including pollution of the Ganga River and vehicular emissions in Delhi.
3. Vishaka v. State of Rajasthan (1997): Laid down guidelines for preventing sexual harassment at the workplace.
4. Olga Tellis v. Bombay Municipal Corporation (1985): Recognized the right to livelihood as a part of the right to life under Article 21.

Criticism of PIL

• Judicial Overreach: Excessive judicial activism through PIL may encroach upon the functions of the legislature and executive.
• Misuse of PIL: PIL can be misused for personal or political gains, undermining its original intent.

• Backlog of Cases: The increasing number of PILs can contribute to the already overburdened judiciary.