Introduction
In any democratic country, laws are made to protect the rights of people. But in reality, many citizens, especially the poor and marginalized, often fail to access justice because of poverty, illiteracy, or lack of awareness. To overcome this, the concept of Public Interest Litigation (PIL) emerged as a powerful instrument in India. PIL allows individuals, groups, or organizations to directly approach the higher courts for the protection of rights of people, even if they are not personally affected. This makes justice more accessible and inclusive.
Meaning of PIL
Public Interest Litigation means a legal action taken not for personal benefit but for the welfare of the public.
Public Interest Litigation (PIL) is not defined in any law, statute or act.
Under PIL, any concerned person can file a petition in the High Court under article 226 or the Supreme Court under article 32 of Indian constitution when the fundamental or legal rights of people, especially weaker sections of society, are violated.
Evolution of PIL in India
The idea of PIL came from action popularisof the Roman jurisprudence, which allowed court access to every citizen in matters of public wrongs.
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, racial minorities, unorganized consumers, citizens who were passionate about environmental issues, etc.
PIL developed in India during the late 1970s and early 1980s. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer of the Supreme Court played a key role in shaping it.
The seeds of the concept of public interest litigation were initially sown in India by Krishna lyer J., in 1976 in Mumbai Kamgar Sabha vs. Abdul Thai (AIR 1976 SC 1455) and was initiated in Akhila Bharatiya Shoshit Karmachari Sangh (Railway) v. Union of India (AIR 1981 SC 298), wherein an unregistered association of workers was permitted to institute a writ petition under Art.32 of the Constitution for the redressal of common grievances.
Earlier, only an affected person could approach the court, but PIL removed The rule of locus standi, i.e. right to move to the court, whereby only aggrieved person can approach the court for redress of his grievances has been relaxed by the judiciary. Now court through public interest litigation permits public spirited persons to file a writ petition for the enforcement of rights of any other person or a class.
Now, even social activists, NGOs, or concerned citizens can represent those who cannot fight for themselves.
Anyone can file a PIL for any matter affecting the interest of the public, such as road safety, pollution, construction hazards, terrorism, neglected children, atrocities on women, exploitation of casual workers, bonded labour, non-payment of minimum wages to workers, food adulteration, disturbance of ecological balance, maintenance of heritage and culture, etc.
PIL and Human Rights Enforcement
Public interest litigation is an opportunity to make basic human rights meaningful to the deprived and vulnerable sections of the community. To assure vulnerable section social, economic and political justice, any public spirited person through public interest litigation can approach the court to protect their rights on behalf of aggrieved persons who cannot approach the court themselves due to their vulnerable conditions.
Human rights include basic rights like equality, freedom, dignity, food, shelter, and a healthy environment. PIL has become one of the strongest tools to enforce these rights. Courts have expanded the scope of Article 21 of the Constitution (Right to Life and Personal Liberty) through PIL and included rights such as:
- Right to live with dignity
- Right to free legal aid
- Right to education
- Right to clean environment
- Right to livelihood
Through PIL, courts have given directions to governments and authorities to take action in matters of human rights violations.
Landmark PIL Cases in Human Rights
1. Hussainara Khatoon vs. State of Bihar (1979):
Right to speedy trial was recognized. Thousands of under-trial prisoners were released.
2. Vishaka vs. State of Rajasthan (1997):
Guidelines were laid down to protect women from sexual harassment at workplace.
3. M.C. Mehta vs. Union of India:
Several cases related to pollution and environment protection were decided, ensuring the right to clean air and water.
4. People’s Union for Democratic Rights vs. Union of India (1982):
The Court upheld the right of workers against exploitation and bonded labour.
Advantages of PIL
- Provides access to justice for the poor and disadvantaged.
- Helps in speedy enforcement of human rights.
- Promotes judicial activism and accountability of the State.
- Strengthens democracy by protecting collective rights.
Challenges and Misuse of PIL
- Sometimes PILs are filed for personal gain or publicity rather than genuine public interest.
- Courts face overburdening of cases due to unnecessary PILs.
- Lack of proper guidelines in some cases may lead to judicial overreach.
Conclusion
PIL has transformed the Indian legal system into a people-friendly mechanism. It is not just a legal remedy but also a social tool that empowers citizens to stand up for justice. However, PIL should be used with responsibility and sincerity so that it continues to serve as an effective weapon for enforcing human rights and ensuring social justice.
Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India
