Chief Justice of India Sanjiv Khanna asked a petitioner seeking an urgent hearing of his plea for a direction to the Uttar Pradesh government to file a status report on stampede deaths at the Maha Kumbh in Prayagraj to approach the SC Registry.
What is Public Interest Litigation (PIL)?
- Definition: Legal action initiated in a court for the enforcement of public/general interest.
- Origin: Developed in the USA (1960s) and introduced in India in the late 1970s.
- Public Interest: Affects the legal rights of a community or a particular class of people.
History of PIL in India
- Mumbai Kamagar Sabha v. Abdul Thai (1976): Justice Krishna Iyer emphasized the role of PIL in protecting the rights of the poor.
- Hussainara Khatoon v. State of Bihar (1979): First recognized PIL case; ensured the right to speedy justice for undertrial prisoners.
- P. Gupta v. Union of India (1981): Allowed any individual or group to approach the courts for the enforcement of fundamental rights.
Features of PIL in India
- Not defined in the Constitution or any statute.
- Articles 32 & 226: Allows PILs in Supreme Court and High Courts, respectively.
- Relaxation of locus standi: Anyone can file a PIL on behalf of the affected group.
- Non-adversarial nature: Unlike traditional litigation, it focuses on public welfare.
- Proactive role of the judiciary: Courts take suo motu action in public interest matters.
Significance of PIL in India
- Expanded scope of Article 32: Ensures constitutional remedies for marginalized communities.
- Improves access to justice: Helps underprivileged groups seek legal protection.
- Judicial activism: Strengthens the role of courts in addressing public issues.
- Social impact: Helps in environmental protection, labor rights, and governance reforms.
Important PIL Cases in India
- Bandhua Mukti Morcha v. Union of India (1984): Freed bonded laborers and ensured compensation.
- RLEK v. State of UP (1985): Recognized the right to a clean environment under Article 21.
- C. Mehta v. Union of India (1987): Established the principle of absolute liability for environmental damage.
- Vishaka v. State of Rajasthan (1997): Led to guidelines against workplace sexual harassment.
Challenges in PIL Implementation
- Misuse for personal/political motives.
- Judicial delays due to pending cases.
- Poor enforcement of court orders.
- Overburdening of the judiciary.
- Judicial overreach in socio-economic policies.
Supreme Court Guidelines to Prevent PIL Misuse
- Courts must ensure genuine public interest cases.
- Petitioner’s credentials must be verified.
- PIL should not be for personal or political gains.
- Frivolous PILs should be discouraged with penalties.
A legal procedure known as Public Interest Litigation (PIL) enables anybody to bring a case before the court to defend the rights of the general public or a group of people. The rights of the weak and disadvantaged can be upheld through the employment of PILs.
