Milestones Series- PIL (Public Interest Litigation) | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

Public interest litigation refers to legal proceedings filed in a court of law to protect the interests of the public. It covers a range of issues including pollution, terrorism, road safety, constructional hazards, and others. Although there is no specific definition for public interest litigation in any statute or act, judges have interpreted it to address the concerns of the public at large.

Public interest litigation:

• Public interest litigation involves the use of legal action to promote human rights, equality, or matters of significant public concern. It aims to support disadvantaged groups or individuals, and can stem from both public and private law issues. Public law relates to regulations and rules governing the exercise of power by public entities, while private law pertains to cases where public entities are not involved, such as employment or family law matters.
• Public interest litigation is commonly used to challenge decisions made by public authorities through judicial review. In this type of court proceeding, a judge examines the lawfulness of a decision or action, or lack thereof, taken by a public entity.

PIL as a check on corruption, nepotism and bias

• According to a ruling by the Supreme Court of India, in certain situations where a petitioner has filed a case for personal grievances, the court may investigate the matter in the interest of justice as a public interest case. This implies that a private interest case can also be considered as a matter of public interest, depending on the circumstances.
• The first PIL case in India was reported in 1979, when an advocate filed a case based on a news article in the Indian Express that highlighted the inhumane conditions of prisons and the plight of undertrial prisoners in Bihar. This case, known as Hussainara Khatoon v. State of Bihar (AIR 1979 SC 1360), led to the release of more than 40,000 undertrial prisoners and established the right to speedy justice as a fundamental right.
• Similarly, in the case of Anil Yadav v. State of Bihar (AIR 1982 SC 1008) in 1981, newspaper reports exposed the brutalities of the police in Bihar, including the blinding of 33 suspected criminals with acid. The Supreme Court ordered the state government to bring the victims to Delhi for medical treatment and directed speedy prosecution of the guilty policemen. This case marked the beginning of social activism and investigative litigation, and the court also recognized the right to free legal aid as a fundamental right for every accused.
• These cases illustrate how PIL can serve as a check on corruption, nepotism, and bias, and can help protect the interests of the public by promoting transparency and accountability in the actions of government entities.

Importance of Public Interest Litigation (PIL)

• PIL plays a vital role in creating a new framework of human rights by interpreting the meaning of fundamental rights to include the right to speedy trial, free legal aid, dignity, education, housing, medical care, clean environment, protection against torture and exploitation, among others. These redefined rights provide legal grounds for the enforcement of PIL cases in court.
• PIL has also contributed to the democratization of access to justice by loosening the traditional requirement of locus standi. Any person or social group concerned with public interest can approach the court on behalf of the disadvantaged.
• Moreover, PIL involves judicial supervision of state institutions, such as jails, mental asylums, and protective homes, in order to ensure that they function properly and protect human rights. This form of oversight is known as creeping jurisdiction.
• Overall, PIL has emerged as a significant instrument of social change in India, helping to combat social injustice and provide aid to marginalized sections of society. PIL cases have led to landmark judgments, such as the release of bonded laborers in Bandhu Mukti Morcha v. Union of India, the ban on smoking in public places in Murli S. Dogra v. Union of India, and the establishment of guidelines for preventing sexual harassment of women at work in Vishaka v. State of Rajasthan.

Conclusion

To sum up, PIL creates a fresh legal framework that holds the state accountable for breaching constitutional and legal norms that harm vulnerable members of society. As a distinguished judge once said, the true measure of the impact of judicial activism is when its rulings bring relief to those in distress.