In this blog post, we have jotted the entire concept of Public Interest Litigation along with the tips for successful Public Interest Litigation registration in a simple and clear-cut way.
PIL (Public Interest Litigation) is a procedure or strategy that concentrates on the nation’s population. The primary goal of this mode of philosophy – PIL – is to safeguard the country’s citizens. Furthermore, before delving into the complexities of PIL, let us first define what it is or how it rewards us.
In addition to what is outlined in the preceding paragraph, public interest litigation is initiated by a group of individuals. These individuals are citizens of the country in which the case was filed. Furthermore, it is critical to understand that PIL is a process through which the following parties can file lawsuits:
- An individual;
- A group of individuals.
It is also significant to mention that the person or group filing the plea should have no personal stake in the litigation. In other words, the complainants should not file a litigation plea with a private objective in mind. Only when there is a strong public interest does the Court acknowledge the case.
Public Interest Litigation’s Importance
Here are some of the basic benefits of filing a PIL –
- Public interest litigation provides a broader perspective for advancing the right to equality.
- It promotes equality and safeguards the right to life and personal freedom. Part III of the Indian Constitution guarantees the right to a decent life and a good personality.
- PIL is solely responsible for providing relaxation and declaring jurisdiction remedies.
- Public interest litigation is a powerful way to improve society and safeguard welfare.
- Furthermore, anyone can bring forth public interest litigation to claim compensation on behalf of the unprivileged class.
The PIL has the Following Abilities:
- Clarify Indian social law.
- Mandating the public to act ethically, fairly, and transparently within the limits of their legal authority
- Allowing courts to interpret the law correctly can help the law keep improving.
- By drawing awareness to a critical issue, you can give helpless and defenceless people a voice.
- Giving vulnerable people an outlet to practise and defend their rights
- Improve the accuracy of media coverage, public discourse, and understanding of social issues.
The PIL Filing Process
- Decide to file a case after doing your research.
- Speak with all potential allies among the impacted interest groups.
- Be cautious while bringing a lawsuit because –
- Legal disputes can be costly.
- Litigation can take a lot of time.
iii. Communities’ capacity for and strength in decision-making may be diminished by litigation.
- A poor choice may weaken the force of the movement.
- Involvement in litigation can draw the public’s attention away from the pertinent problems.
- If you’ve made a choice –
- Compile all the necessary data.
- Be thorough when compiling information for the case. If you intend to use photos, keep the
negatives and get the photographer to sign an affidavit. Keep your bills.
iii. Express your demands in writing to the appropriate authorities.
- Keep records in a well-organized manner.
- Speak with a lawyer about the best forum. Hire a qualified attorney and sound legal counsel on the drafting if you handle the matter yourself.
vii. Only a registered organisation may file a PIL. Please file the PIL in the name of an office bearer or member acting in their capacity if you are not registered.
Learn About Public Interest Litigation
Filing Guidelines for Public Interest Litigation
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Filing
The same process is used to submit a writ petition and a public interest litigation petition. Two (2) copies of the petition must be filed with a PIL in a High Court (four (4) sets in a Supreme Court). Additionally, the petition must be served in advance to every respondent or opposing party, and the proof of service must be attached to the petition.
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The Technique
There is a court charge of Rs. 50 per respondent (i.e., Rs. 50 per party) must be attached to the petition. The PIL’s proceedings begin and continue in the same way as other cases. However, if the judge decides to, he may name the commissioner to investigate claims of pollution, tree cutting, sewer issues, etc. during the course of the proceedings. Following the filing of responses by the opposing party or a reply by the petitioner, the judge holds a final hearing and renders a ruling.
4 Tips of Public interest litigation ( + 2 Bonus Tips)
Public interest litigation (PIL) has a wide range of advantages, much like the cases themselves. However, the majority of PIL acts share a number of advantages.
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Obtaining justice
PIL can be crucial to guaranteeing access to justice, especially for underprivileged and marginalised populations. It is not necessary for every person impacted by a specific issue to participate actively in the judicial process. Even victims who live in rural places or are fully unaware of their rights can benefit from PIL.
PIL spreads the advantages of a favourable court order to persons of limited means, often the very people who need it most, making rights on paper accessible to those who, otherwise, could not afford the time and resources required for legal action.
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Fostering the voices of citizens
PIL offers advantages in terms of empowering civil society since it gives marginalised people a forum to protest unfair actions. It can bring together people from different backgrounds and civil society organisations, give them a voice, and create a shared platform from which to demand change.
WAPIL can force governments to uphold national and international human rights norms. when filed successfully
It is a potent instrument for human rights advocates due to the integration of citizen engagement with a workable plan to prevent abuse of authority.
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Policy and legal reform
PIL can successfully alter laws and policies that violate constitutional or human rights norms.
A unique case can be used to challenge an unfair policy, law, or procedure, and it can result in systemic legal reform that could be advantageous to all residents.
Additionally, PIL can dispute the application of specific legislation or policy and acquire a legal interpretation of an untested legal problem.
Such a result can establish the legal obligations of public or private individuals and organisations and give clarity for future conduct.
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Transparency
A PIL case can reveal previously kept secret information even if it fails. Information that is in the public interest can be requested and made available through judicial proceedings, particularly the discovery of pertinent evidence.
This has the potential to effectively encourage transparency and reveal details that may be crucial for addressing a human rights issue or encouraging societal change.
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Increasing awareness and igniting discussion
PIL can increase public awareness of a certain issue in addition to offering legal relief for particular cases.
PIL can direct public attention to a particular issue and spark discussion if used in conjunction with a successful media campaign.
High-profile media coverage of a PIL case can impact change in the internet age just as much as, if not more than, the courtroom proceedings.
Therefore, you should carefully analyse how the media can be used from the beginning of every PIL case.
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Effective and economical
Effective use of resources is to take on a case that could benefit a broad group of people or society as a whole.
Any human rights legislation has significant obstacles to enforcement due to cost and time.
However, by concentrating on strategic instances that have a broad influence on a big number of individuals, expenditures can be considerably reduced. PIL can be a successful option in situations when there are major impediments to access to justice, such as exorbitant legal fees and lengthy judicial processes.
Conclusion
Through judicial intervention, degraded bond labourers, tortured defendants and women prisoners, humiliated residents of protected women’s homes, blinded prisoners, exploited children, beggars, and many more people have received relief through an effective filing of PILs in India.
The biggest benefit of PIL has been to increase government accountability for the poor people’s human rights. The PIL establishes new legal precedents about the state’s liability for constitutional and legal violations that harm the interests of the community’s weakest members.
The judiciary should exercise extreme caution when filing PILs. Frivolous PILs with vested interests must be discouraged. Vakilsearch’s legal team can assist you in filing a PIL in India. You can contact us to learn more about the procedure.
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