PIL (Public Interest Litigation)
Public interest litigation(PIL) is a case or petition filed before a court to protect, safeguard or enforce public interest. PIL is a judicial innovation for the protection of the disadvantaged section, like the poor, minorities, etc., and their interests. PIL is also known as Social Action litigation, Social action litigation, etc
Genesis of the PIL
Justice P.N. Bhagawati heralded the PIL movement in the S.P. Gupta vs. Union of India case.In this case, the Supreme Court relaxed the traditional rule of the ‘locus standi.’
| What is locus standi As per the doctrine of locus standi, a person who is not related to a disputed matter is not allowed to interfere in the judicial proceedings. Only an aggrieved person whose legal right has been violated is allowed to bring an action in the Court. |
| The benefit of the relaxation of the ‘locus standi’ It gave the public-spirited citizens and social organisations the scope to approach the judiciary on behalf of the disadvantaged section to protect their rights. |
Difference between Writ Petition and PIL
Writs are filed by aggrieved individuals on their behalf to seek legal action against violation of fundamental rights, whereas PIL is filed for the public interest.
A Public Interest Litigation (PIL) is an extension of the writ petition, so PIL cases are all writ petitions. In a writ petition, locus standi is followed, whereas in PIL, the locus standi is diluted.
Features of the PIL:
- It increases the accessibility of justice to the poor people who are in the lower rung of society.
- It is different from traditional litigation in which there are two disputing parties.
- It helps the judiciary to monitor institutions like prisons, protective homes, asylums, etc.
- It is not only for a particular individual but for the public interest.
- It highlights various issues in society and helps in promoting political and social change in India.
- A PIL can only be filed against the Central Government, municipal governments or State Government and not against individuals.
A few cases of PIL:
Rural Litigation Entitlement Kendra (RLEK) VS UOI: in this case, the Supreme Court, addressing the issue of unauthorised and illegal limestone mining activities in the Mussoorie Hills range, gave judgement to stop the mining in a phased manner.
Parmanand Katara vs UOI: In this case, the Supreme Court said that a doctor has a professional obligation to extend his/her services with the expertise to protect life. In this case judiciary held that it does not matter whether a doctor is working at a government hospital or otherwise,
Hussainara Khatoon v. State of Bihar: TheCourt was drawn to the incredible situation of undertrials in Bihar who had been detained for periods far in excess of the maximum sentence for the offences they were charged with. The Court proceeded to recognise the right to a speedy trial. It also passed the order of general release of close to 40,000 undertrials who had undergone detention beyond such a maximum period.
