This article talks about the origin of Public Interest Litigation and its development in Indian Litigation.
In India approximately 22% of the people lives below poverty line. This percentage affect a lot in every area of Indian economy. These people struggle for basic need i.e. food, shelter and clothing. If their rights are violated, they do no have enough financial means to file for court proceedings.
If no one will fight for their rights, they will be harassed and exploited and they can never be above poverty lines. Considering Indian Laws as best in the world, it becomes the duty of the law framers and courts to take into account this aspect of the system into account.
The filing regarding proceedings for pollution, terrorism, road safety, construction hazards and other aspects where more than one party becomes affected, another concern arises. Who will file for such proceedings?
All these problems lead to formation of a new type of litigation known as Public Interest Litigation (PIL).
MEANING AND CONCEPT
PIL have its roots from Latin maxim “Salus Populi Est suprema Lex” which means “regard for public welfare is the highest law.”
This basic concept derive the meaning of PIL as a type of litigation which is for the welfare of community at large.
Public Interest Litigation can be bifurcated into 2 separate words i.e. Public Interest and Litigation. So, in order to understand the meaning of the word we need to understand the meaning of both the terms.
According to Black’s Law Dictionary (6th edition) public interest is something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interests of the particular localities, which may be affected by the matters in question. Interest shared by citizens generally in affairs of local, State or national Government
Litigation means a legal action including all proceedings therein, initiated before the court of law.
So, lexically the term ‘PIL’ is enforcement of rights in favour of general public interest by way of litigation. The PIL made by any person of behalf of the entire public is in the interest of protecting various rights of the people. The aggrieved party in this case does not files the suit but some other person. Sometimes also known as a class action suit, but both are not the same. The difference is not an important in discussion of the PIL.
History and Origin
The origin of PIL dates back to mid 1980’s in the country of USA. Since the nineteenth century, various movements in the country had contributed to public interest law, which was part of the legal aid movement. In the 1960’s the PIL movement began to receive financial support from various offices. This encouraged lawyers and public-spirited persons to take up cases of the under-privileged. This led to a fight against dangers to environment and public health and exploitation of consumers and the weaker sections.
PIL in INDIA
Through the landmark judgement of Mumbai Kamgar Sabha Vs. M/s Abdulbhai Faizullabhai and oth, Justice Krishna Iyer sowed the seed of PIL in India in 1976. The first reported case of PIL Hussainara Khatoon Vs State of Bihar was in the year 1978. But the meaning of the term was not clear. When in 1986, Justice P.N. Bhagwati in case of S.P. Gupta Vs. Union Of India stated that “any member of the public or social action group acting bonafide can invoke the Writ Jurisdiction of the High Courts or the Supreme Court seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.” Through this judgement a new era of PIL started in India.
This became a weapon in the hands of Social groups who were trying to help poor. Earlier they were not having any locus standi to file a law suit on behalf of poor or which are in public interest. The judgement laid down by Justice P.N. Bhagwati started a new age of legal framework in India. Many cases did not see the light of day because no locus standi existed. By just one petition and judgement, justice prevailed in a larger section of the society.
The concept of PIL in India is based on the Article 39A of the constitution which states “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”
PIL contains different sections utilized for filing in various courts. This includes Article 32 of the Indian Constitution to file a PIL in Supreme Court. Also, referring to Article 226 of the Indian Constitution to file in High Court.
Currently, a PIL in Court of Magistrate refers to Section 133 of Code of Criminal Procedure to file.
Conclusion
The introduction of PIL in India by Justice P.N. Bhagwati proved to be very helpful. Now a lot a PIL are filed in the Supreme Court of India on various matters of public interest. One historical PIL filed by M.C. Mehta was M. C. Mehta v. Union of India which lead to change in the state of Ganga River. Earlier various industries in the bank of ganga river release their toxic waste into the river. A PIL filed by M.C. Mehta lead to court delivering order that if a treatment plant cannot be established by the industry, it cannot operate on the bank of river.
The coverage and development of PIL is an ongoing activity. More is added to its importance as more PIL are filed by the advocates. Since the development of law is ever lasting, therefore development of PIL is everlasting and ever-growing.
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