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In a democracy, every citizen’s fundamental rights must be protected. Citizens’ rights are frequently ignored as a result of government policies, administrative flaws, or societal injustice. In such cases, fighting for justice may necessitate a different approach. The legal system provides an effective tool for this objective in the form of Public Interest Litigation (PIL).
This article discusses the notion of Public Interest Litigation, including its importance, influence, and utility.
Public Interest Litigation (PIL) is a judicial process in which any citizen or organisation can petition the court for the greater public good. In general, legal cases deal with individual rights or personal issues. However, in Public Interest Litigation, such a petition is filed to safeguard the interests of a large group of people, the environment, or fundamental rights.
This concept gained popularity in India in the 1980s, when courts promoted Public Interest Litigation to preserve people’s fundamental rights. It is used to focus judicial attention on critical social concerns such as environmental protection, human rights, administrative failures, corruption, women’s rights, child rights, and labour rights.
The Indian Constitution gives the judiciary specific powers to ensure efficient protection of fundamental rights, which serve as the constitutional underpinning for Public Interest Litigation (PIL). Two fundamental laws allow citizens to contact the courts on topics of public concern.
Article 32: Power of the Supreme Court.
Article 32 allows the Supreme Court to immediately enforce basic rights. If a government action, policy, or administrative inaction violates fundamental rights, anybody can file a PIL with the Supreme Court. Dr. Babasaheb Ambedkar correctly identified Article 32 as the “heart and soul of the constitution,” emphasising its critical role in constitutional protection.
Article 226: Power of the High Courts
Under Article 226, High Courts have a broader jurisdiction to hear PILs. They can act not only for fundamental rights, but also for other legal rights, increasing access to justice overall.
Overall, PIL has developed as a potent judicial weapon, benefiting marginalised and disadvantaged parts of society while also boosting India’s justice system.
A solid foundation for democracy: Citizens now have the possibility to approach the court directly to preserve their fundamental rights as a result of public interest litigation.
Impact on Government Efficiency: Public Interest Litigation requires the government to accept responsibility for problems caused by administrative carelessness.
Protection of the environment and human rights: Many reforms have been implemented as a result of petitions, including those addressing environmental issues, labour rights, gender equality, child rights, health, and education.
Improved access to justice: Public Interest Litigation provides justice to poor and impoverished groups who are unable to fight lawsuits on their own behalf.
Encouragement for Social Reforms: The judiciary has given historic judgements on numerous social concerns through Public Interest Litigation, including the abolition of inequality, measures to combat sexual harassment, the rights of homeless persons, and more.
Control of government policies: By submitting petitions against wrong administrative policies, authorities can be forced to re-examine them.
Fight against inequality and injustice: In circumstances of social or economic injustice, PIL can be a useful instrument.
Protection of Natural Resources and the Environment: Public interest litigation is significant in cases involving industrial pollution, deforestation, and water resource conservation.
Protection of Human Rights: Public Interest Litigation can be filed for children’s rights, women’s safety, and labour rights.
For Public Health: Public Interest Litigation can be launched to address public health issues such as food safety violations and medical facility negligence.
1.Hussainara Khatoon vs. State of Bihar (1979)
This landmark decision addressed the issue of undertrial convicts who had been held for years due to poverty, a lack of legal representation, and delayed trials. Through Public Interest Litigation, the Supreme Court recognised that such extended incarceration infringed fundamental rights, particularly the right to prompt justice. The Court upheld impoverished inmates’ right to free legal representation and ordered the release of those wrongfully detained. This decision established the groundwork for rapid trial jurisprudence and was a crucial step towards changing India’s criminal justice system.
2.M.C. Mehta vs. Union of India (1986)
This case brought environmental protection into sharp legal focus. Faced with serious contamination of the Ganga River and other natural resources, the Supreme Court imposed strict guidelines for controlling industrial pollution. The decision improved environmental governance, emphasised the state’s responsibility to safeguard public health, and accelerated the growth of environmental legislation and regulatory procedures in India.
3.Vishaka vs. State of Rajasthan (1997)
The Vishaka Guidelines were developed as a result of this case, which addressed workplace sexual harassment. The Supreme Court addressed a legislative void by creating enforceable norms to protect women’s safety and dignity at work, setting a historical precedent for gender equity.
Public Interest Litigation (PIL) promotes democracy by allowing citizens to seek justice and fight social injustice. It has improved administrative transparency and made significant contributions to environmental preservation, fundamental rights, and public welfare through major judicial interventions. At the same time, its proper use is critical to avoiding unnecessary load on the legal system.
Adv. Abdul Mulla shares this viewpoint, as he writes about legal awareness through his work with www.asmlegalservices.in and www.lifeandlaw.in, emphasising educated civic involvement and the beneficial function of the law.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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