Public Interest Litigation

What is PIL ( जनहित याहिका )?

PIL means litigation for the protection of public interest. PIL originated in the USA in the 1960s to provide legal representation to previously unrepresented or under-represented groups, communities, or people.

It is also called:

1. Social Action Litigation (SAL)

2. Social Interest Litigation (SIL)

3. Class Action Litigation (CAL)

PIL in India was the product of the Judicial Activism role of the Hon’ble Supreme Court. Under the PIL, any public spirited citizen or a social organization can go to the courts to get justice for the people who can’t approach the court in their self-interest and who are in socially or economically disadvantaged positions. The manifestation of Judicial Activism1 can be seen in Public Interest Litigation.

There are two important elements of PIL:

1. Concerned citizen and

2. Larger public interest

Once the PIL is filed and taken up by the court, the government is taken as a respondent in the case and if the case is found to have merit, there can be instructions given to the government. It gives direct access to a citizen to bring forward any injustice done and get an ear from the government. In that way, he becomes the voice of the public at large.

Conditions of filing PIL

1. It should not be politically motivated

2. Should not have any hidden agenda

3. There is no other alternative mechanism

4. Is of such subject which should not be pending in any other court

Judicial activism is a judicial philosophy that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions PIL can be registered by a way of -

1. Submitting a Letter in court

2. It can be filed through a Lawyer

3. Or the Court can take cognizance

RTI plays a big part in the assistance to file a PIL. Since a PIL is first judged on its merit, to prepare for it, the applicant can get all the necessary information they want regarding the issue through an RTI. Origin of PIL It means litigation or legal action of public interest. It started in the USA in the 1960s. It came into existence in India in the 1980s. This is only for large public interest. Private concerns are not entertained since there is already provision for that. Cases like bonded labour, protection of children, non-payment of minimum wages, atrocities towards backward classes, harassment of women and so on come under PIL. While cases like dispute between two groups, Borrower and Tenant issue, wages issue of company do not come under the PIL.

All PILs are not entertained by the judiciary. It has full power to decide whether an issue comes under PIL or not. Article 32 and Article 226 give power to the judiciary to take action once PIL is filed. It fulfills the real purpose of law.

Real purpose of rule of law:

1. Vindication of rule of law

2. Facilitating effective access to justice to the socially and economically weaker sections of the society

3. Meaning full realisation of fundamental rights Public Interest Litigation is the reflection of the society.

Under PIL, The position held by the court is more assertive than passive, which is good for social change. This is because the court is constitutionally bound to protect the fundamental rights of the citizen and also to direct the state to fulfill its constitutional promises.

Some landmark cases which we owe to PIL

1. SP Gupta v. UOI ( also known as the Three Judges Cases)

2. Indira Sawhney v. UOI case ( also known as the Mandal Case)

3. Shreya Singhal vs U.O.I

4. Vishakha and others v State of Rajasthan Case

5. Hussainara Khatoon case- Right to Information is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information.

6. MC Mehta cases for the environment

7. Naz Foundation v. Govt. of NCT of Delhi Case Guidelines for PIL

As per the guidelines by the Hon’ble Supreme Court, the following categories are ordinarily entertained as Public Interest Litigation:-

(1) Bonded Labour matters. ( As expressed in Article 233 of the Indian Constitution)

(2) Neglected Children. ( As expressed in Article 274 of the Indian Constitution)

(3) Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases). ( As expressed in Article 215 and 436 of the Indian Constitution)

(4) Petitions from jails complaining of harassment, for (premature release)* and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.

(5) Petitions against police for refusing to register a case, harassment by police and death in police custody.

(6) Petitions against atrocities on women, in particular harassment of bride, brideburning, rape, murder, kidnapping etc. ( As expressed in Article15 (1)7 of the Indian Constitution)

(7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes. ( As expressed in Article 158 of the Indian Constitution)

(8) Petitions pertaining to environmental pollution, disturbance of ecological

Prohibition of traffic in human beings and forced labour “The right to a decent standard of living”- Article 27 says that every child has the right to a “standard of living” which is “adequate for the child’s physical, mental, spiritual, moral, and social development. Article 21 reads as - No person shall be deprived of his life or personal liberty except according to procedure established by law. The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.

Article 15(1) specifically provides for affirmative and positive action in favor of women by empowering the state to make special provisions for them. Article 15 of the Indian Constitution prohibits discrimination of Indians on basis of religion, race, caste, sex or place of birth balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife and other matters of public importance.

(9) Petitions from riot -victims.

(10) Family Pension. Clearly, The guidelines show that the PILs are a reflection of the principles of the Indian Constitution. They are there to enforce the Fundamental Rights for people who cannot stand up for themselves.

As per the guidelines by the Hon’ble Supreme Court, the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:

• (1) Landlord-Tenant matters.

• (2) Service matter and those pertaining to Pension and Gratuity.

• (3) Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.

• (4) Admission to medical and other educational institutions.

• (5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts.
  

Since the topics under which the PIL can be filed are extensive and can include a lot of issues of the society, the concept of Res Judicata is not followed here. Rather, it is taken from a case-to-case basis where each case is seen on its own merit even though the case is from the category which has already been exhausted. Therefore, cases which might be in the same category are not subject to broad classification and dismissed. Rather, they are evaluated on their own merit.

The concept of PIL does away with Locus Standi which was a traditional way of bringing matters in front of the court. It is one of the cardinal principles of law. PIL gives society a chance to take care of the matters that can be changed by them and give them more power to amend things that they believe are wrong. It takes power from the hands A matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same parties.

Locus standi- The sufficiency and directness of a litigant's interest in proceedings which warrants his or her title to prosecute the claim asserted”. It should be one of the first things to establish in a litigation matter. of the state to make decisions on the lives of people and gives that power to the people themselves who can make a radical change in society by just approaching the courts in the favour of larger public interest.

Judicial Activism and PIL It is very important to bring to notice that PIL offers the judiciary a sense of power through which they can intervene in executive matters and direct the state to act. Since Judiciary is part of the three important organs of Democracy, this brings an area of balance and accountability. But only if it is exercised in a manner which is not a misuse of power. Under the garb of PIL, the Supreme Court or any other courts should not run the country. This brings in the subject of PIL jurisprudence. Even though the guidelines define the categories for which a PIL can be filed, there is no jurisprudence as to the functioning of the courts and the power of the Judiciary. Some courts have become mini-ministries. Even though PIL is an important part of Judicial Activism, it should practice Judicial Restraint when it comes to policy matters. If not, then this imbalance of power which would result from the misuse of powers to demand accountability, will lead to the destruction of democracy. PIL was an extraordinary remedy because of which the cardinal principle of law, that is locus standi was given a go by. But it has shown to become a tool of massive abuse. This ‘Extraordinary remedy’, which gives easier access to people to justice has now become a ‘Convenient remedy’ for many to exploit it for their own benefit. It is rare that the courts see Genuine And Bonafide PILs. PIL and Judicial Activism often receive criticism but it helps the government and the people by not letting them be Passive and also be a Tyrant.

Misuse of PIL

PILs provide the

1. Power of writ.

2. Is an Extraordinary Judicial process

3. Highlighted as a Need for Justice due to which the person who files becomes a representation of the society.

4. Minimal filing fees- The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction. These documents are part of common law and are often issued after a judgment is made, giving those involved in a suit the ability to carry out the judgment.

Therefore, PIL is subject to misuse since it provides the benefits like feeding your personal agenda under the garb of interest of the larger part of the society or to gain fame.

In these cases, it has also been named-

● ‘Private’ Interest Litigation

● ‘Paisa’ Interest Litigation and

● ‘Publicity’ Interest Litigation

It can be used as a power weapon to feed the interest of political parties or corporates. It could be for Political Vengeance or could benefit someone whose interests are against the society or are anti-national. It also guarantees quick publicity. Another matter of concern is the piling up of PILs in courts. Despite that the Registry of SC does screening, The courts have not been able to regulate the acceptance of PILs while the same matter might be sub judice in other courts. A person who is found to have mala fide intentions is found to be in contempt of court and there have been cases where the court has put an exemplary penalty to punish. There lies a two-fold responsibility with the Judiciary to see that PILs are used for the benefit of the society but also not misused for private interest. In law, sub judice, Latin for "under a judge", means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with "the present case" or "the case at bar" by some lawyers.