Public Interest Litigation : A Voice of Underprivileged People

Author: Arundhuti Chakraborty

Durgapur Institute Of Legal Studies

Introduction:

In a democratic country like India it ensures through our constitutional law that justice should be delivered to everyone including marginalized group of society. Public Interest Litigation which also known as PIL is emerged a legal tool in the Indian Judiciary system, allowing citizens to seek justice for the public cause and uphold the rights of the people who cannot represent themselves. This article is all about the concept of Public Interest Litigation (PIL) where it explores it definition, legal frameworks with relevant case laws and impacts on Indian society.

The introduction of Public Interest Litigation was made to facilitated the traditional rule of ‘Locus Standi’. According to this rule, only that person can move to the court whose right is infringed or the person who faced loss. But PIL is the exception of this rule. Under PIL, any public-spirited citizen or or social organization can move to the court for the enforcement of rights of any individual or a group of individuals who cannot approach the court by their poverty or some disadvantaged economical position.

Definition:

For PIL there is no specific legal definition but it interpreted as many times through various cases of Supreme Court. Supreme Court through various landmark judgements, has defined the PIL as “a legal action in a court of law for the enforcement of public interest or general interest in which the public or a class of community has pecuniary interest or some interest by which their legal rights or liabilities are affected”.

Origin of PIL: 

PIL or Public Interest Litigation was first evolved by the United States in the 1960s to provide a legal representation to the unrepresented group or interests. On that time the ordinary group of people such as, poor, environmentalists, consumers, rasical and minorities didn’t have the right to access the legal system. for that U.S legislature derived a concept for those voiceless people who can raise voice by this legislature. Later, this concept was adopted and developed in India in between late 1970s to early 1980s to allow citizens to file a law suit under this Public Interest Litigation Concept. After adoption of this concept in India, it was instrumentally developed by Justice V.R. Krishna Iyer and Justice P.N Bhagwati who is also known as the father of the Public Interest Litigation.

In the landmark case of Hussainara Khatoon vs. State of Bihar, where a group of lawyers filed a case on behalf of undertrial prisoners (more than 40,000) who had been in jail for over five years without being trial to the court. The Supreme Court took up the case and passed a landmark judgement, ordering to release those prisoners who had been in jail without being trial for several years. This landmark judgement of Supreme Court gave a dimension to the concept of PIL in India. This is the first reported case of the concept of PIL.

Constitutional Framework: 

There is no specific provision for PIL but in India this concept is based on constitutional law. in constitution there no specific article which can define this concept but still there are certain articles through which the concept of PIL can be run.

➢ Article-32: This article directly allows individuals to file a petition before the Supreme Court for the protection of their fundamental rights. It allows the court to issue writs like, habeas corpus, mandamus, certiorari, quo warranto, prohibition for the protection of fundamental rights.

➢ Article-226: This article provides rights to every individual to seek to the high courts within their jurisdiction to issue writs for enforcement of fundamental laws. This includes the authority to entertain PIL petitions and issues for protecting the public interest.

➢ Fundamental Rights: Fundamental rights of constitutional law enshrined in part-III. Those rights like, Right to Equality (Article-14), Right to Life and Personal Liberty (Article-21), Right to Constitutional Remedies (Article-32), Right against Exploitation (Article-23), serves as the basis of PIL petition. PIL often seek the enforcement of such rights against the vulnerable side of the society.

➢ Directive Principles of State Policy: Directive Principles of State Policy or DPSP is mentioned in part-IV of the Constitutional Law. DPSP is not enforceable in courts but it provides certain guidelines for State- policy making. PILs often adopt this principle to maintain social justice and other public interest objectives.

Environmental Framework:

The Environmental Protection Act, 1986 provides protection of the environment from hazards to human beings, plant and other living creatures. While protecting the environment, this law combined with the concept of PIL. PIL in environmental law has been instrumentally promoting environmental protection and conservations in India.

PIL is sometimes use to address the issues related to environmental pollution, control, conservation of natural resources and sustainable development. It helps to promote transparency and accountability to the public authorities to make responsible of their actions towards the protection of the environment and also it creates awareness among the citizens to protect our environment clean and safe.

Public Interest Litigation has indeed played a significant role for the protection on environment in India. It allows individuals to seek to the court on behalf of the public interest, seeking remedies for environmental issues and violations. 

There is a landmark case related with such issue where it addressed and concerned about environment.

● M.C Mehta vs. Union of India (1986): This landmark case is often cited as a pioneering PIL for environmental protection. M.C. Mehta, an environmental lawyer, filed a PIL seeking the closure of hazardous industries operating in residential areas in Delhi. The Supreme Court, recognizing the significance of the issue, passed several orders directing the closure or relocation of industries causing environmental pollution. This case resulted in the relocation of industries, improvement of air and water quality, and set a precedent for future PILs on environmental matters.

● Vellore Citizens Welfare Forum v. Union of India (1996): In this PIL, the Supreme Court addressed pollution caused by tanneries in and around Vellore, Tamil Nadu. The court held that the "polluter pays" principle must be applied, and the industries responsible for pollution should bear the cost of remediation and compensation. The judgment emphasized the importance of the precautionary principle and sustainable development in environmental matters.

Landmark Cases of PIL:

PIL is established by the Hussainara Khatoon’s landmark case. It was the rooted case of PIL. Later, it was developed in India by two important cases of Supreme Court. And after so on it was interpretated and ensures it strictness through various cases.

○ Mumbai Kamagar Sabha vs, Abdulbhai & Faizullabhai: In this case there was a company which is owned by A bdulbhai and Faizullabhai. In that company there was a worker who filed a petition on behalf of other workers of that company to the respondent on the issue of not receive their annual bonus since 1965. The Supreme Court led by, Justice Krishna Iyer held that the labours could filed a petition on behalf of its members, as the workers themselves unable to approach the court due to their weaker position. This decision of Supreme Court raised the principle of Public Interest Litigation where it ensures the right of poor people to file a lawsuit. Also the court laid down the concept of locus standi.

○ S.P. Gupta vs. Union of India: This case is another important case which helped to developed the concept of PIL. S.P. Gupta case is also known as ‘Transfer Case’. In this case it was challenged to the transfer and appointment of High Court judges and questioned the extent power over judiciary. It was held by the honourable the judge Justice P.N Bhagwati expanded the concept of Locus Standi, also ordered that any member of the public acting Bonafide can approach to the court for the enforcement of rights of others who are unable to reach the court due to their poverty, disability, or social disadvantage. This landmark liberal interpretation allowed citizens and social organizations to file petition on behalf of poor or marginalised people. Through the judgment of P.N Bhagawati a new era was established in the PIL movement.

○ Vishakha vs. State of Rajasthan: After the case of Mumbai Kamagar and S.P Gupta case, this case is another landmark case which improvise the judicial system of India. Vishakha case was arose after the gang rape of Bhanwari Devi who is a social worker in Rajasthan who tried to stop the child marriage. This incident with her, highlighted the absence of protection for against sexual harassment at workplace. In response, a goup of woman’s rights organization led by Vishakha, filed a case under Article-31 of the Constitution before the Supreme Court. The Supreme Court held that the sexual harassment of woman at workplace violates the fundamental rights i.e., Article-14.15,19(1)(g) & 21. The guidelines were laid down in this case to prevent and address such issues. This case is called a landmark case because, in the evolution of PIL in India it demonstrated that how citizens of India and other organizations can use PIL to seek redressal for social justice and policy reform in the Public Interest.

Impacts of PIL in Society:

PIL gives impact on society by democratizing justice, holding government accountable and driving social and environmental change. It allows marginalized or disadvantage group to seek redressal to the court to ask remedies. PIL also creates awareness to the people to strengthen the rule of law and also make accountable to the government for its action.

• Democratizing Access for Justice: 

PIL allows citizens, especially the marginalized or poor people for seeking to the court for the loss. This concept of law ensures that justice is not for the privileged people but also it is equal for all.

• Govermnet’s Accountability and Transparency: 

PIL acts as a form of judicial review where it holding every judicial body accountable to fulfil their obligations and duties. They have bound to address and expose issues of corruption and give transparency to the society.

• Empowered Marginalised Communities: 

It has been instrumental in protecting the rights of vulnerable groups such as bonded labours, prisoners, poor, slum dwellers, improving their living and legal condition.

• Promoted Social and Environmental Reform: 

PILs have been used to address the large-scale issues like environmental degradation e.g., polluter pays principle in M.C Mehta case or workplace sexual harassment e.g., the Vishakha vs. State of Rajasthan’s case.

• Judicial Monitoring of State Institutions: 

PIL allows monitoring state institutions such as prisoners, asylum, and protect homes and protect the interest of public. Unlike the incident of Hussainara Khatoon’s case, PIL ensures that there will be no such type issue should happen further.

Conclusion: 

In conclusion, the Indian legal system has put in place various provisions and acts that enable PILs effectively. It is necessary that citizens who believed that their rights are infringed, can seek remedy to the court through this judicial process. Its greater contribution to the governments to make them accountable and bound by their obligations towards the human rights of marginalised group. PIL developed a new Jurisprudence of sovereignty and social justice through constitution for the betterment of larger public interest. Thus, Public Interest Litigation played a significant role and has become an indispensable tool for addressing issues of common people of society. However, the judiciary should be cautious enough in the application of PILs to avoid Judicial Overreach that are violative of the principle of Separation of Power. It should also look after that it should not be misused, rather it is filed with genuine intention of seeking justice. The landmark cases of PIL motivates the future cases to make fair judgements and give equal protection to every common people.

Reference:

1. Public Interest Litigation: An Expression of Voice for the Sufferers of Silence

2. What is Public Interest Litigation and What is Its Importance?

3. Manupatra https://www.manupatra.com PDF Public Interest Litigation: Access To Justice

4. Public interest litigation in India