Introduction

The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. It was first introduced in India by Justice P.N. Bhagwati in the 1980s. It has since become an important legal mechanism to address issues of public concern.

Public Interest Litigation

• The Supreme Court has defined the PIL as a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.
• Thus, in a PIL, any member of the public having sufficient interest can approach the court for enforcing the rights of other persons and redressal of a common grievance.
• The Supreme Court or the High Court in exercise of powers under Articles 32 and 226 of the Constitution of India, 1950 (COI) can entertain a petition.
• PIL is absolutely necessary for maintaining the rule of law, furthering the cause of justice and accelerating the pace of realization of the constitutional objectives.

Guidelines to be Followed for PIL

• No petition involving individual/ personal matter shall be entertained as a PIL
• The letters or petitions falling under the following categories alone will ordinarily be entertained as PIL:
  • Bonded labor matters
  • Neglected children
  • Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws.
  • Petitions from jails complaining of harassment, for pre- mature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
  • Petitions against police for refusing to register a case or harassment by police and death in police custody.
  • Petitions against atrocities on women, in particular harassment of bride, bride burning, rape, murder, kidnapping.
  • Petitions complaining of 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

Principles to be Followed for PIL

• The Supreme Court laid down the following principles for checking the misuse of the PIL:
  • The court must encourage genuine and bona fide PIL and effectively discourage and curb the PIL field for extraneous considerations.
  • The Court should prima facie verify the credentials of the petitioner before entertaining the PIL.
  • The Court should be fully satisfied that substantial public interest is involved before entertaining the petition.
  • The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing a PIL.