This article will answer some of your most frequently asked questions regarding public interest litigation in India.
Overview
India is one of the nations with a written constitution. The Constitution is an ultimate legal document. It grants various rights to its citizens, known as Fundamental Rights. PIL is another type of Fundamental Right that the Indian Supreme Court has granted to the general public. There was no such concept as PIL in India prior to the 1980s. There is no legal definition of it. It is a concept that the courts have established through judicial review. PILs are not a fresh concept in Indian courts. It was created in the USA in the 1960s to give legal representation to previously unrepresented groups such as minorities, prisoners in custody, migrant workers, forced bonded labourers, and other underprivileged classes. It was founded on the premise that certain societal groups weren’t getting equitable treatment from traditional legal services. In other terms, public interest litigation refers to legal actions taken to safeguard the public interest. PIL has no official definition, although it mostly focuses on the following areas:
- Fundamental human rights violations
- Government policy execution
- Other fundamental rights violations
Recent Updates
A petition has been filed in the Madras High Court to ban the movie ‘The Kerala Story’, which is scheduled for release on 5 May 2023. The petitioner, B R Aravindakshan, a journalist from Chennai, claims that the movie intentionally portrays Kerala as a state that supports terrorism. The petitioner argues that if the movie is released, it will humiliate the entire country and give the impression that India produces terrorists. The Madras High Court has rejected a petition that aimed to ban the movie ‘The Kerala Story’. The petition argued that the movie falsely claims that 32,000 Hindu and Christian women from Kerala were forcibly converted to Islam and joined the ISIS terrorist group.
Public Interest Litigation:- Its Origin and Meaning
Public interest litigation is a power provider to the public directly by the court of law through judicial activism. As the name suggests it is a litigation conducted purely for the public interest. The case is not initiated by the affected party but by the court itself. In some rare cases a private party may initiate a PIL. Usually it is initiated for tackling public issues like pollution, constructional hazard and road safety.
Public Interest Litigation
To put it in simpler terms a PIL is about going to court to fight for what is right and important for everyone. Most of the public interest litigation cases focus on public concerns and overall public welfare.
- Public interest litigation is when people go to court to protect the rights of poor people
- A PIL may also request the government policies to be altered
- It’s like making sure that the local authorities do what they’re supposed to do for the public
- They also defend religious rights and other important rights that people have.
| Did you know: The first Legal aid office was established in New York 1876. The concept of public interest litigation was initiated in the 1960s in the USA. It got financial support from the office of economic opportunity and father encouraged lawyers to take cases and fight against environmental problems. |
Public Interest
Public interest means something that affects everyone in a community. It involves more than being curious about issues that affect everyone. It may be crucial for the community, society or the general public.
Examples of PIL (Public Interest Litigation)
- Background
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- On 31 August 2006, the Bombay High Court issued a crucial decision on TV broadcasters
- It emphasized the TV broadcasters to adhere to laws for public welfare.
- Case Initiation
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- Professor Pratibha Nathani from St. Xavier’s College brought a case before the court
- The primary concern was about movies airing on channels without sense are bored certification
- Considering the effect of unauthorised movies on children a ban regarding the same was requested
- The claim also requested action against the channels.
- Previous Actions
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- The police initiated action against the cable operators
- Before the court’s ruling the equipments were seized
- This action resulted in the halt of broadcasting for specific channels
- To resume broadcasting, the channels were advised to provide new equipment to the cable operators by the assistant commissioner of police.
- TV Networks’ Commitment
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- Both Zee and Star Television networks provided a written promise to adhere to the law.
- Court’s Directives
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- The court ordered seven television networks, including Star Movies, Star One, Star Gold, HBO, ZED Movies, AXN, and Sony Max, to give the police a list of all the films they planned to air
- This measure aimed to enhance transparency and ensure compliance with regulations.
Public Interest Litigation – A Boon
Public Interest Litigation (PIL) is a way for people in our country to seek affordable legal help. The cost of going to court is not very high for PIL cases. PIL helps bring attention to public issues and can lead to positive changes for the larger public.
Abuse of Public Interest Litigation
Unfortunately some of the public interest litigations are exploited for personal games. This misuse poses a problem to be fixed.
The high court has established guidelines for PIL cases. The court must exercise caution and ensure that the person filing the case has genuine intentions, devoid of personal or political motives.
For instance, in a case Raunaq International Limited v/s IVR Construction Ltd, Justice Sujata V Manohar said that if a private person or a group trying to help the public stops a project, they should have to pay back the public for any costs caused by the delay. This means compensating the public for both the project being late and the extra money it costs.
Procedure of Filing PIL
Step 1: When deciding to file a case, it’s important to make an informed decision
Step 2: Consult all affected interest groups who are possible allies
Step 3: Be careful in filing a case because
- Litigation can be expensive, involving costs for lawyers and court expenses
- It can be time-consuming, taking a long time to reach a resolution
- Communities may lose decision-making power, as the final decision rests with the court
- An adverse decision can weaken the strength of a movement or cause
- Unnecessary involvement in litigation might shift the primary focus
- These factors indicate the importance of being cautious in filing the case.
Step 4: If you have taken the decision
- Gather all relevant information and maintain organised records
- Clearly communicate your demands in writing to the authorities
- Seek legal advice to choose the right forum and engage a competent lawyer if needed
- The PIL has to be filed through a registered organisation or via a name of an member or office bearer
- Consider issuing a legal notice before filing, especially for government-related cases
- Be meticulous in collecting details and retaining evidence like photographs and bills
- Get good legal advice on drafting if handling the case yourself
- Maintain proper documentation and be thorough in your preparations.
Against Whom Public Interest Litigation Can Be Filed
PILs can only be filed against these government-related entities and not against private parties. The entities specified under Article 12 include:
- The Government and Parliament of India
- The Government and Legislature of each State
- All local authorities
- Other authorities within the territory of India or under the Government of India.
A Public Interest Litigation (PIL) can include a private party as a respondent along with the concerned state authority.
For example, if a private factory in Delhi is causing pollution, people living nearby or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and the private factory.
| Note: A PIL cannot be filed solely against a private party. If you have more queries regarding the same feel free to get in touch with our legal expert. |
Aspects of Public Interest Litigation
PIL is different from traditional litigation because:
- Remedial Nature: It brings principles from the Constitution’s welfare section in the legal process. It changes the nature of Indian law to be more focused on welfare and remedial actions. Examples like Bandhua Mukti Morcha v/s Union of India and Unnikrishnan v/s State of A.P. demonstrate this change.
- Representative Standing: PIL permits third parties to file petitions on behalf of the injured party and cannot approach the court. It expands the concept of standing, which is narrower in American law. PIL is a modified form of class action.
- Citizen Standing: The role of the court extends from protracting individual rights and safeguarding the overall law. The doctrine of citizen standing plays a significant part in this expansion.
- Non-adversarial Litigation: It is a different kind of litigation that focuses on public interest. It aims to address issues without an adversary approach.
What Are Some Essentials of Drafting a PIL?
- Use clear and simple language
- State the medication/device name and purpose
- Give instructions on dosage and administration
- List contraindications, warnings, and side effects
- Provide guidance on proper storage
- Explain the expiry date and disposal instructions
- Include contact information for further assistance
- Ensure compliance with regulations
- Use readable formatting with headings and subheadings
- Consider translations and accessibility for diverse populations
- Seek expert guidance to ensure accuracy and compliance.
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Frequently Asked Questions
What Does PIL Stand For?
PIL, or public interest litigation, refers to legal measures undertaken to defend the public’s interests.
What Is Public Interest Litigation (PIL)?
public interest litigation, refers to legal action taken to defend the public’s interests. This fundamental idea is present in both politics and law, and it can be seen on television, especially in the news. Public interest litigation (PIL) is a strategy or method that places a focus on the citizens of any nation. In a court of law, it is not introduced by the party who is harmed but rather by a third party or the court itself.
Who Can File A PIL In India?
Any Indian citizen may file a PIL in a court of law. The only requirement is that it must be documented in the public interest as opposed to serving any private interests. If a matter is extremely important to the general public, the court will often take suo motu cognizance. The court in those situations appoints an attorney to handle such important matters.
When Can A PIL Can Be Filed?
1. A violation of moral or fundamental rights. 2. Violation of the moral and human rights of the poor and underprivileged members of society. 3. Compelling municipal authorities to deport a public servant. 4. Implementation of central or state government policy.
What Are The Benefits Of Filing PIL?
1. By ensuring that they make informed decisions and act properly within the scope of their authority, it holds public bodies accountable. 2. By enabling judges to comprehend the law, it seeks to advance and help the legal system. 3. Public Interest Litigation empowers voiceless parties by drawing attention to a critical problem. Additionally, given that they have a platform to promote their rights. 4. Raise public awareness of major issues by participating in media coverage and public debate. 5. Because court fees are so low, smart people can come up with a workable solution. 6. Litigants can get things done and draw attention to bigger social issues like environmental protection, human rights, and consumer welfare.
What Are The Documents Required For Filing PIL In India?
You must first ask a public interest lawyer or organisation to file the petition on your behalf. The following documents are required: 1. Identity proof 2. Resettlement policy if any 3. Title deeds 4. Notice, 5. Verification of residence 6. Photos of the eviction 1. Complete list of all parties who have come to the court to initiate public interest litigation, together with their names and addresses. 2. Names and addresses of all government officials whose eligibility for relief are questioned. 3. Complete List of incidents leading to infringement of the concerned people’s fundamental rights. 4. Collect all relevant dates related to the eviction, including when and if an eviction notice was given, the length of stay at the specific place, and any other pertinent information. 5. The court relief requested should also be mentioned.
Is There Any Fee For Filing A PIL?
Public interest litigation tends to cost less than other court proceedings. A fee of ₹50 must be paid by each defendant listed in a Public Interest Litigation, and it must be specified in the petition as well. The cost expended, however, is determined by the lawyer appointed by the petitioner to argue on his behalf during the proceedings.
What Are The Agendas On Which A PIL Cannot Be Filed?
A detailed set of instructions on the types of cases for which Public Interest Litigation cannot be filed has been released by the Supreme Court of India. These instances are listed below: 1. Cases involving landlords and tenants. 2. Cases involving services. 3. Cases pertaining to gratuities and pensions. 4. Cases involving admittance to educational and healthcare institutions. 5. Petition for a speedy hearing of cases that are pending before the High Court or lower courts.
How Much Time Does It Take In The Hearing Of A PIL
If a matter involves the lives of numerous people or involves abuses of human rights, the court concludes the hearing quickly and settles the dispute. However, due to the overwhelming number of excessive public interest petitions filed in courts, it typically takes years to hear and resolve cases. After the final hearing of the parties, a decision is made in matters involving public interest petitions.
Do I Need Legal Assistance To File A PIL?
Vakilsearch recommends that If you want to properly understand the requirements of your PIL, you should consult and seek guidance from legal professionals. The fundamental details would be required from your end to begin the procedure.
Conclusion
Vakilsearch is one of the platforms which coordinate to fulfill all your legal and financial requirements with ease. If you have any questions about filing a Public Interest Litigation in India, our legal experts can provide you with the best-in-class legal assistance.
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