How and Where to File a Public Interest Litigation (PIL)
PIL, or Public Interest Litigation, is a powerful legal tool that enables any concerned citizen or organisation to approach the court for the greater good of society. In traditional legal scenarios, only directly affected parties have the right to file a case. Public Interest Litigation/PIL changes this game by allowing anyone, irrespective of their direct involvement, to seek the court's intervention in matters of public concern. It's a mechanism rooted in our constitutional framework, particularly Articles 32 and 226, which grant individuals the right to enforce fundamental rights and seek remedies for their violation.
Attributes of a Public Interest Litigation (PIL):
1. Standing:
In conventional legal proceedings, only those directly involved in a case, known as the affected parties, have the right to initiate court action, i.e. they have a locus-standi. In contrast, Public Interest Litigation (PIL) allows any citizen or organisation to submit a petition representing the interests of the public or a collective, facing a shared concern.
2. Access to Justice:
PIL provides means to seek legal protection for those who may not be able to afford legal representation or who are marginalised and unable to approach the court individually.
3. Public Interest:
The focus of PIL is on matters that have broad public importance rather than individual grievances. The court, therefore, takes a proactive role in addressing issues that impact society at large.
4. Judicial Activism:
PIL often involves a more proactive role for the judiciary. Courts can take suo-moto cognizance of matters and initiate proceedings on their own based on media reports or other information.
From where does the general public, groups etc get the power to do a PIL?
The power to file Public Interest Litigation (PIL) comes from the Indian Constitution that recognises and guarantees fundamental rights. The ability to file PIL petitions is grounded in the principles of:
- access to justice,
- protection / enforcement of fundamental rights, and
- the upholding of the rule of law.
The Indian constitution empowers its citizens through the following:
The Indian Constitution empowers citizens to file Public Interest Litigation (PIL) through various provisions that guarantee fundamental rights and allow individuals to seek remedies for violations of these rights. The key constitutional provisions supporting the filing of PIL in India include:
1. Article 32 - Right to Constitutional Remedies:
- Article 32 of the Indian Constitution, grants citizens the right to move the Supreme Court for enforcement of fundamental rights. Any individual, regardless of whether they have direct locus-standi in a case, can approach the Supreme Court directly if they believe that a fundamental right that affects more people alongwith those who have direct relationship to the matter, has been violated.
2. Article 226 - Power of High Courts to Issue Writs:
- Article 226 empowers High Courts to issue writs for the enforcement of fundamental rights and other legal rights. Like Article 32, Article 226 allows individuals to approach the High Court for remedies, and it has been widely used for filing PILs at the state level.
3. Expansive Interpretation of Locus Standi:
- The concept of "locus-standi," which refers to the legal standing or the right to approach the court, has been interpreted liberally by the Indian judiciary in the context of PIL. Courts have relaxed traditional standing requirements, allowing any public-spirited person or organisation to file PIL on behalf of those who might not be able to seek legal redress themselves.
5. Directive Principles of State Policy:
- While not enforceable by courts, the Directive Principles of State Policy (Part IV of the Constitution) guide the state in policymaking. PILs are often filed to ensure that the government adheres to these principles, promoting social and economic justice.
What are the causes for which PILs have been filed in India?
In the realm of Public Interest Litigation, citizens have effectively utilised this legal avenue to champion a spectrum of critical societal issues. These PILs serve as a potent instrument for addressing and rectifying concerns that resonate with the public at large. But a woord of warning. Though PILs are for benefiting the society, in the wrong hands, they may be used as weapons to build a particular narrative, using the legal blindness in areas where the society should be deciding instead of the courts of law.
1. Environmental Stewardship:
PILs play a pivotal role in tackling environmental challenges, including degradation, pollution, deforestation, and the preservation of wildlife. Instances abound where litigations have been initiated to safeguard our rivers, forests, and endangered species, emphasising the imperative of environmental sustainability.
2. Championing Human Rights:
PILs have been a recourse for confronting human rights violations, spanning custodial deaths, extrajudicial killings, torture, and the protection of marginalized communities. These legal interventions stand as beacons for justice and the protection of fundamental rights.
3. Advancing Social Justice:
PILs become vehicles for promoting social justice and equality, focusing on the rights of women, children, LGBTQ+ communities, and other such groups.
4. Combating Corruption and Upholding Governance:
PILs act as a powerful tool for unearthing corruption, fostering transparency, and ensuring accountability in governance. Allegations of corruption against public officials, misuse of public funds, and issues related to government policies come under scrutiny through these legal endeavours.
5. Healthcare and Public Services:
Addressing public health concerns, healthcare infrastructure, and the provision of essential services are pivotal roles that PILs play. Cases may involve ensuring access to clean water, sanitation, and healthcare facilities, thereby safeguarding the public's well-being.
6. Educational Reforms:
PILs have been filed to confront challenges in the education system, tackling issues such as access to quality education, discrimination in educational institutions, and the effective implementation of educational policies.
7. Advocacy for Prison Reforms:
PILs emerge as advocates for prison reforms, challenging issues like overcrowding, inadequate facilities, and securing the rights of prisoners within the criminal justice system.
8. Consumer Rights Protection:
PILs are instrumental in safeguarding consumer rights, guaranteeing the availability of safe and quality products, and addressing concerns related to unfair trade practices.
9. Land Acquisition and Rehabilitation:
PILs are filed to address grievances in land acquisition for development projects, emphasising concerns related to community displacement and the imperative for fair rehabilitation practices.
10. Judicial Reforms:
PILs serve as a mechanism to address shortcomings within the judicial system, advocating for reforms that encompass expeditious trials and improved access to justice for all.
Process for filing a PIL:
Certainly! Here are examples of some important Public Interest Litigation (PIL) cases in India, along with brief descriptions of each matter:
1. Vishaka v. State of Rajasthan (1997):
- Issue: Workplace and Sexual Harassment
- Details: Acknowledging sexual harassment as a violation of fundamental rights, including equality and the right to life, the Supreme Court directed the Central Government to formulate guidelines aimed at preventing such harassment in the workplace.
2. M.C.Mehta v. Union of India (1986):
- Issue: Protection of the Taj Mahal from pollution.
- Details: The case led to the Supreme Court's directives to control industrial pollution in the Taj Trapezium Zone to preserve the cultural heritage of the Taj Mahal.
3. Sheela Barse v. State of Maharashtra (1983):
- Issue: Conditions in prisons and rights of female prisoners.
- Details: The case highlighted the poor conditions in Indian prisons, especially for women, leading to significant improvements in the treatment of female prisoners.
4. Aruna Ramchandra Shanbaug v. Union of India (2011):
- Issue: right to die with dignity- Euthanasia.
- Details: The Supreme Court, in its judgement, discussed the issue of passive euthanasia and laid down guidelines for the same, emphasising the need for safeguards.
5. Bandhua Mukti Morcha v. Union of India (1984):
- Issue: Bonded labour and exploitation of labourers.
- Details: The legal proceedings resulted in the identification and liberation of bonded labourers, underscoring the court's emphasis on the imperative to safeguard the rights of labourers and eliminate the practice of bonded labour.
6. People's Union for Civil Liberties (PUCL) v. Union of India (1997):
- Issue: Custodial violence and encounter killings.
- Details: The case highlighted extrajudicial killings and custodial violence, leading to the Supreme Court issuing guidelines to prevent custodial deaths and ensuring police accountability.
7. Shreya Singhal v. Union of India (2015):
- Issue: Freedom of speech and the internet.
- Details: Section 66A of the Information Technology Act, was struck down by the Supreme Court. This section allowed arrests for online speech, but the Supreme Court held that it violated the right to freedom of speech and expression.
8. Common Cause v. Union of India (2018):
- Issue: Right to die with dignity and passive euthanasia.
- Details: The Supreme Court recognized the right to die with dignity as a fundamental right and allowed passive euthanasia under circumstances as stated.
9. Nilabati Behera v. State of Orissa (1993):
- Issue: Compensation for custodial deaths.
- Details: The case emphasised the state's liability to compensate victims of custodial deaths, reinforcing the importance of protecting human rights.
10. Kiran Bedi v. Committee of Inquiry (2007):
- Issue: Prison reforms and conditions in Tihar Jail.
- Details: This case led to prison reforms by highlighting the conditions in Tihar Jail. The Court gave recommendations for improving the prison system.
How to file a Public Interest Litigation (PIL)
1. Identification of Public Interest Issue:
- Identify an issue that affects the public or a section of society.
- Ensure that the issue involves a violation of fundamental rights or public interest.
2. Legal Standing:
- Understand the legal standing required for filing a PIL. In India, the Supreme Court and High Courts have liberalised the rules on who can file a PIL, allowing any public-spirited person or organisation to file on behalf of those who cannot approach the court themselves.
3. Drafting the Petition:
- The proper format and drafting of the writ petition clearly outlining the facts of the case, the legal issues involved, and the relief sought.
- Include all necessary attachments, documents, affidavits and supporting evidence.
4. PIL Format:
- Draft the petition in the prescribed format, adhering to court rules and guidelines.
5. Filing the Petition:
- File the petition in the relevant court. PILs can be filed in the Supreme Court or the High Courts depending on the jurisdiction.
6. Court Fee:
- Payment of necessary court fees, as applicable.
7. Listing Before the Court:
- After filing, the case will be listed before the court. The court may issue notices to the respondents and may also take suo-moto cognizance in some cases.
8. Hearing and Interim Orders:
- Attend court hearings as required.
- The court may issue interim orders if immediate relief is needed.
9. Service to Respondents:
- Serve copies of the petition and related documents to the respondents (parties against whom the petition is filed).
10. Affidavits and Counter-Affidavits:
- File affidavits as ordered by the court.
- Respondents may file counter-affidavits presenting their side of the case.
11. Final Hearing and Judgment:
- Attend the final hearing.
- The court will issue a judgement, providing a decision on the case.
12. Implementation of Judgment:
- The court may issue directions for implementation of its order if the order so demands.
Where to file a PIL?
The choice of whether to file a Public Interest Litigation (PIL) in the Supreme Court, High Courts, or lower courts depends on the nature of the case. Typically, PILs can be initiated in the following courts:
1. Supreme Court of India:
In matters of national importance or those that involve a question of constitutional law, it is filed directly in the Supreme Court. The Supreme Court also has original jurisdiction to entertain PILs under Article 32 of the Constitution.
2. High Courts:
In matters that pertain to a specific state or fall within the territorial jurisdiction of a particular High Court, it is filed directly in the High Court of the particular state. High Courts have the power to entertain PILs under Article 226 of the Constitution.
As for the City Civil Court, it typically does not have jurisdiction to hear PILs. Civil Courts generally deal with civil disputes between private parties.
