In this article, we will discuss why public interest litigation in India is criticized even after producing such good results. Read on to know!
Overview
Public interest litigation (PIL) refers to legal action taken in a court of law to safeguard “Public Interest,” which includes issues like pollution, terrorism, road safety, construction dangers, etc. Any issue where the interests of the general public are impacted can be resolved by filing a “public interest litigation” in a court of law.
It plays a crucial role in the civil justice system because it can accomplish goals that are difficult or impossible to obtain through conventional private litigation. PIL, for instance, gives the underprivileged in society a path to justice, gives a way to enforce rights that have been diluted or dispersed and allows civil society to not only raise awareness of human rights but also to participate in governmental decision-making.
In this article, we will discuss all about Public interest litigation and also about its criticisms.
Criticisms of Public Interest Litigation
Criticisms of Public Interest Litigation are as follows,
- Despite giving several important judgments, PIL still has a few flaws. these criticisms are as follows
- PIL has become a tool for harassment as a result of the large number of insignificant cases that are filed by people with the minimal court fee.
- Numerous false PILs have been filed to obtain publicity for unworthy causes.
- Even some intellectuals criticize the judiciary for overreaching through public interest litigation.
- The burden on the judiciary, which is already too heavy, is increased by this measure. Sometimes, this results in time loss.
Procedure for filing PIL
Any responsible individual or group in India has the right to petition a court on behalf of the public interest. High Courts and the Apex Court may consider the plea (under Article 226 of the Indian Constitution) ( PIL under Article 32 of the Indian Constitution).
In such cases, the court may even consider a letter to be a writ petition and proceed accordingly. The court must, however, be convinced that the petition is being made on behalf of individuals who cannot access the judicial system and that there is no private gain to be had.
The complete “modus operandi” for submitting a PIL is divided into two sections:
Filing
Both the Supreme Court and the High Courts accept PIL petitions. Two copies must be submitted if it is filed in the High Court, however five sets of copies must be submitted if it is filed in the Apex Court.
It is also important to give respondents a copy of the petition at the same time. The petition must also mention providing a copy in the same way.
Procedure
The method involves a minimal court cost. A fee of Rs. 50 each responder must be attached to the petition. The hearing is conducted in the same manner as it is in other matters.
The presiding judge has the authority to designate a Court commissioner to look into the situation if necessary while the case is being heard. The court hears all sides before making a ruling, as usual.
It first came in India, in 1979 when a lawyer by the name of Kapila Hingorani petitioned the Supreme Court before a panel presided over by Justice PN Bhagwati.
The appeal was successful in securing the release of nearly 40,000 convicts awaiting trial from Patna Jail. The Hussainara Khatoon Case is the name given to this incident. Hingorani became the “Mother of Public Interest Litigation” in India as a result of this petition’s victory.
If you want to file a PIL but are confused about how to do so, contact Vakilsearch, and they will assist you.
Landmark Cases of PIL
The significance of public interest litigation can be determined by looking at how many important cases it has resulted in. The following section discusses a few of the most significant cases that were resolved through public interest litigation.
Hussainara Khatoon and Ors v. Home Secretary, State of Bihar, Patna
This case is regarded as one of India’s earliest public interest litigation cases. The court’s concern about the deplorable conditions of detainees awaiting trial in Patna Jail was raised by this case.
Along with ordering the release of almost 40,000 convicts, the court in this case went on to make the right to a prompt trial the central problem.
Vishakha v. State of Rajasthan
One of the most famous PILs to be filed in Indian history. Lawyer Naina Kapur filed a petition to protest workplace sexual harassment.
In the end, this petition resulted in the publication of some crucial recommendations about workplace sexual harassment. As a result, a number of concerns pertaining to women’s rights gained attention.
Sheela Barse v. State of Maharashtra
In a letter to the Supreme Court, journalist Sheela Barse expressed her concern over the treatment of female inmates while they are housed in police cells. A letter was treated as a writ petition, and as a result, an order establishing separate jails for female offenders was made.
M.C. Mehta v. Union of India:
Environmentalist and attorney MC Mehta filed a petition against various industries and cities that discharge hazardous effluents and rubbish to the Ganga.
The court issued a number of rulings requiring various industries to build wastewater treatment facilities. Numerous industries were also forced to relocate. One of the largest environmental lawsuits the nation has ever seen involved this issue.
S.P. Gupta v. Union of India:
This case is infamously known as the “case of the three judges.”
Significance of PILs
Public Interest Litigation in india are very important because,
- The main goal of PIL is to grant justice to those who lack it through those who have access to it.
- It is a great tool for judicial review and has demonstrated how crucial it is in a number of situations.
- It completely democratizes everyone’s ability to access justice. As those who can afford it can represent those who cannot afford justice.
- It has also served as a judiciary monitoring tool.
- It is an extremely useful tool for granting each citizen their human rights. The same has been seen in numerous famous examples.
Conclusion
With the information provided above, we hope one has a better understanding of why Public Interest Litigation in India is sometimes criticized despite producing such astounding results.
Degraded bonded labourers, women prisoners, humiliated inmates of protective women’s homes, blinded prisoners, exploited children, beggars, and many others have been given relief through judicial intervention.
You can contact Vakilsearch for further clarification; their legal professionals will solve all of your questions and help you through every step of the PIL filing procedure.
Frequently Asked Questions
What are the main criticisms levelled against the PIL mechanism in India?
The primary criticisms of the Public Interest Litigation (PIL) mechanism in India encompass several key issues. Some major ones are: Accusations of Judicial Activism: The judiciary has sometimes overstepped its authority, getting involved in executive and legislative matters Misuse by Vested Interests: Concerns about PILs being exploited for personal or political gains Overburdened Court Dockets: PILs have led to excessive caseloads, causing delays in resolving other cases Professional Litigants: Some individuals file PILs for payment, creating a class of professional litigants.
Are there instances where PIL has been misused for personal or political gains?
Yes, there have been instances where PIL has been misused for personal or political gains. For example, in 2012, the Supreme Court of India dismissed a PIL petition filed against the then Prime Minister, Manmohan Singh, on the grounds that it was a ‘political vendetta’
How does the judiciary address concerns related to the misuse of PIL cases?
The judiciary has taken a number of steps to address concerns related to the misuse of PIL cases. For example, the Supreme Court of India has laid down guidelines for the filing of PIL petitions. These guidelines state that PIL petitions should only be filed by individuals or organisations who have a genuine interest in the matter and that the petitions should not be used for personal or political gains. The judiciary has also dismissed PIL petitions that it found to be frivolous or vexatious.
What is the scope and limitations of PIL in the Indian legal system?
The scope of PIL is very broad. PIL petitions can be filed on a wide range of issues, including environmental protection, human rights, and social justice. However, there are certain limitations to PIL. For example, PIL petitions cannot be filed against individual judges or magistrates. Additionally, PIL petitions cannot be used to challenge the government's policies on economic or political matters.
Can PIL petitions be rejected by the courts, and if so, on what grounds?
Yes, PIL petitions can be rejected by the courts on a number of grounds, including: If the petitioner does not have a genuine interest in the matter If the petition is frivolous or vexatious If the petition raises issues that are beyond the scope of PIL If the petition is based on false or misleading information.
Has the growth of PIL in India led to an increase in judicial activism?
Yes, the growth of PIL in India has led to an increase in judicial activism. The judiciary has used PIL to intervene in a wide range of areas, including environmental protection, human rights, and social justice. This has led to some critics arguing that the judiciary has overstepped its boundaries and encroached on the domain of the executive and legislature.
What are the key challenges faced by individuals seeking to file PIL petitions?
People pursuing PIL petitions encounter various obstacles, such as the potentially steep filing expenses, the intricate and time-consuming nature of the filing process, the possibility of court dismissal, and the potential for harassment or intimidation directed at petitioners by opposing parties.
Are there any positive impacts of PIL on the Indian legal and social landscape?
Yes, PIL has had a number of positive impacts on the Indian legal and social landscape. For example, PIL has been used to protect the environment, promote human rights, and improve social justice. PIL has also been used to hold the government accountable for its actions.
Who are some notable figures associated with the development of PIL in India?
Some notable figures associated with the development of PIL in India include Justice P.N. Bhagwati, Justice V.R. Krishna Iyer, Justice A.P. Shah, Justice N.V. Ramana, Arvind Narain, Prashant Bhushan.
What role does Article 226 of the Indian Constitution play in the context of PIL?
Article 226 of the Indian Constitution empowers the High Courts to issue writs, including writs of habeas corpus, mandamus, certiorari, and prohibition. PIL petitions are filed under Article 226. The Supreme Court of India has also held that it has the power to issue writs under Article 226.
Read More:
- PIL for an Individual in India
- FAQ’s on Public Interest Litigation
- Define Public Interest Litigation
