Public Interest Litigation (PIL)- Voicing the Unheard

India is one of those countries which have a written constitution. The Constitution is the supreme book of the law; it is like the holy book of law professionals. It gives many rights to its citizens which are called Fundamental Rights. PIL is also one kind of Fundamental Right which has been given to the general public by the Supreme Court of India. Before the 1980s there was no concept like PIL in India. It is not defined under any statute. It is the concept given by the courts through Judicial Review.

This concept of PIL is not an original concept of Indian Courts. PIL came from American jurisprudence, where it is provided to represent people such as the poor, minorities, etc

What is PIL?

Public Interest Litigation is the full form of PIL which itself explains its meaning. It is litigation for the interest of the public. Anyone can file PIL in regards to public interest against public authority. PIL cannot be filed against private authorities. PIL is the concept that gives voice to the unheard. It can be filed against terrorism, against various kinds of pollution, to protect the environment, etc. It is the power given to the public to provide a better justice system to them.

Evolution of PIL

The concept of PIL is not very old for the people of India. There was no such litigation till the 1970s in India. Till the 1970s individuals could file litigation for themselves but not for the public. It has been evolved in India through the Supreme Court in the 1980s.

Justice Krishna Iyer was the one who had sown the seeds of PIL in 1976 in the case of MUMBAI KAMAGRA SABHA V/S ABDUL THAI. Later in 1979 first case of PIL was reported that is HUSSAINAIRA KHATOON V/S STATE OF BIHAR. The era of PIL started from the P.N. Bhagwati’s case S.P. GUPTA V/S UNION OF INDIA, then M.C. MEHTA V/S UNION OF INDIA, VISHAKHA V/S STATE OF RAJASTHAN, INDIAN BANKS ASSOCIATION BOMBAY V/S M.S. DEVKALA CONSULTANCY SERVICES AND ORS, etc.

Through the above-mentioned precedents, PIL has truly evolved in India. Today we are living in an era where filing PIL has become very common.

Precedents of PIL

Mumbai Kamagar Sabha v. Abdul Thai

In this case, a considerable number of workers were appointed by many small business owners. Employers provided bonuses to them; and because they stopped providing the bonuses, this issue was raised. It is said that Justice Krishna Iyer had sowed the seeds of PIL through this case in 1976.

Hussainaira Khatoon v. State of Bihar

In this case, the Court found that a large number of prisoners in prison were serving more than the maximum term for which they could have been sentenced if convicted. Later it was found that there are lots of prisoners who are not aware of their right to bail or because of poverty they are unable to hire a lawyer who can fight for them. This case is the first case of PIL where the inhuman condition of prisoners has been brought to light and their rights have been given to them. After this case, almost 40,000 prisoners had been freed from jail.

S.P. Gupta v. Union of India

In this case, Justice P.N. Bhagwati rejected the Central Government’s claim for protection against disclosure and directed the Union of India to disclose the requested documents. From this case, the new era of PIL began.

Indian Banks’ Association Bombay and Ors. v. Devkala Consultancy Services & Ors.

In this case, it was held that if a writ has been filed for the personal interest in the beginning and later on it was found that it will be beneficial to the public at large, then it will be considered as a PIL.

M.C. Mehta v. Union of India

This case is related to the pollution of the Ganga River. is also known as the Ganga water pollution case. In this case, SC held that the petitioner, although not a riparian owner, is entitled to move the Court for the enforcement of statutory provisions as he is the person interested in protecting the river of the people, which means the petitioner is trying to serve the interest of the people.

Vishakha v. State of Rajasthan

In this case, guidelines for sexual harassment at the workplace were given, which were not for a particular woman. Those guidelines are for the benefit of women at large. It was the landmark judgment regarding sexual harassment.

Guidelines of Supreme Court regarding PIL

The Supreme Court in its various decisions gave guidelines about PIL, where it explained what can be considered as PIL and what cannot be considered as PIL. The line drawn by SC is very clear

Petitions which can be entertained as PIL are –

Bonded Labour matters.
Neglected Children.
Non-payment of minimum wages to workers.
The exploitation of casual workers.
Complaints of violation of Labour Laws (except in individual cases).
Petitions from jails complaining of harassment. For premature release and seeking release after having completed 14 years in jail.
Death in jail.
Release on personal bond.
Speedy trial as a fundamental right.
Petitions against police for refusing to register a case.
Harassment by police and death in police custody.
Petitions against atrocities on women, in particular harassment of bride, bride burning, rape, murder, kidnapping, etc.
The Petitions complaining about harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife, and other matters of public importance.
Petitions from riot -victims.
Family Pension.

Petitions which cannot be entertained as PIL are –

Landlord-Tenant matters.
Service matters and those pertaining to Pension and Gratuity.
Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.
Admission to medical and other educational institutions.
Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

Factors leading to the growth of PIL

The Constitution is the supreme law book of India which itself provides in its Preamble that it will provide its citizens “Justice, Liberty, Equality, and Fraternity”. PIL is also a tool that will help the state to provide justice to its citizens.
Fundamental Rights and DPSPs are the intrinsic part of the Indian Constitution and PIL is also a kind of Fundamental Right only.
Indian laws are progressive. There are many social legislations like environmental protection laws, labor laws, etc. and PIL is the helping hand of such laws.
A liberal interpretation of locus standi like suo moto cognizance taken by the Magistrate, the help of economically and physically backward people, etc. is another factor that helps in the growth of PIL.
Judicial innovation to help the poor and deprived people by the SC like putting of Burden of Proof on the respondent in the case of BANDHUA MUKTI MORCHA. In the judgment of ASIAD WORKER CASE, Justice P.N. Bhagwati held that if workers are getting less than the minimum wages, then workers can directly approach the SC.
If in a PIL, the petitioner is unable to provide all the necessary evidence then the Commission appointed by the Court will collect all the information based on the facts and present it before the Bench. This is the most important factor in the growth of PIL in India.

Who can file a PIL?

Any person can file a PIL; the only condition is that it should be for the public interest not for the private interest. Further, it should be against the public authority not against the private authority.

There is one exception which was evolved in the case of INDIAN BANK’S ASSOCIATION BOMBAY V/S M.S DEVKALA CONSULTANCY SERVICES AND ORS, which is that, If a writ is filed for personal benefit in the beginning and on a later stage it is found that it will be beneficial for the public and it involves public interest then it will be considered as a PIL.

Provisions under which an Interest Litigation can be filed

Article 32 of the Constitution, PIL can directly be filed to the Supreme Court.
Under Article 226 of the Constitution, PIL can be filed to the High Court.
Under Section 133 of The Code of Criminal Procedure, 1973 that is about Public Nuisance.

Process of filing PIL

Approach a public interest lawyer or organization.
Collect the entire related documents.
List the names of all the aggrieved parties who are approaching the Court.
List the names of all the public authorities against whom you want to claim relief.
Compile all the points which you think are violating your Fundamental Rights.
Submit all this to your lawyer.
The lawyer will give the letter of petition to the PIL cell.
It then goes for screening by the PIL cell.
If it passes the screening, the selected petition is placed before the Judge nominated by the Chief Justice of India.
After all the steps mentioned above are completed, the case will be listed before the Bench concerned.

The process is very simple and therefore anyone can file a PIL very easily.

Significance

Provides access to the Court to the common people.
Helps in the social change of the society which will be good for the citizens.
Justice will be accessible to the poor and the deprived ones.
The Human Rights of the people are protected.
Provides access to justice to the common man.
Helps in monitoring the public institutions.
Assists in implementing the concept of Judicial Review.
Enhances public participation in the Judicial Review.
It will definitely make true democratic societies.
It will clarify the law to the common man.

Conclusion

On the basis of the above-mentioned facts and reasoning, it is very pertinent that PIL is for the people granted by the Supreme Court of India. It is for the protection of the people and their rights and is also a kind of Fundamental Right only. It came into the picture by various precedents in the 1980s. There is no particular statute regarding PIL and is fully based on the Supreme Court decisions.

It gave the right to direct access of Court to the common man so that they can fight for themselves and their rights. It is for the public interest and against the public authority. Basically, it is going to make a society a truly democratic one, where people have supreme power and have given a voice to the unheard.

Injustice anywhere is a threat to justice everywhere.
Martin Luther King

Editor’s Note
The article highlights the importance of the concept of Public Interest Litigation (PIL), particularly in Indian democracy. The author has explained what PIL is and how it has evolved in India. The author has substantiated the same with various landmark precedents in that regard. Further, the author has also enlisted various Supreme Court guidelines as to what petitions can and cannot be entertained as PIL; factors responsible for the growth of PIL in India; who can file a PIL; under what statutes it can be filed; the process of filing a PIL and the significance of PIL. The author has concluded by saying that PIL is a very crucial concept for protecting the rights of the citizens and it acts as a voice of the unheard.