A Supreme Court order was reserved on 25th September regarding the refund of cancelled air tickets during the lockdown. Court arguments concluded on a PIL filed by Pravasi Legal Cell seeking refunds for passengers who booked tickets during the lockdown starting March 25.
PIL seeks prescription on CAA-related protests till Supreme Court ruling The populace involvement litigation also sought a direction to all or any high royal court to not take up any CAA-related affair, together with the framing of road map for disallowing any religious or other congregations on the items. PILs That Changed The Face Of India. Public Interest Litigation is an important asset of the modern Indian Legal system. It was one of the recent developments in the age-old judiciary. The PIL system was a very serious upgrade to the system which recognized the efforts of a public-spirited person and tried to protect the interest of the public through the intervention of the court in the administrative functions of the country and various other aspects of the country. The PILL from its initiation in the late 1970s has seen a lot of sensational cases. Cases from high political interests to cases of the environment and human right issues.
The name Public Interest Litigation actually was given in the case of S.P.Gupta v. UOI. PIL has a lot of importance in changing the way India works. Thus, this blog in its entirety will brief some major landmark PILs filed and also will be stating the impact that it created.
History of Public Interest Litigation (PIL) in India
Public interest litigation (PIL), also known as social action litigation (SAL), has been a pivotal tool for judicial activism in India, spearheaded by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer. PIL represents a significant departure from the traditional legal principle of locus standi, enabling litigation to be pursued in the interest of the public good rather than solely by directly affected parties.
Pre-1980s:
Before the 1980s, Indian courts, including the Supreme Court, entertained cases only from directly or indirectly affected parties within their original or appellate jurisdictions. However, a significant shift occurred with the acceptance of public interest litigation, allowing individuals not directly involved in a case to bring matters of societal importance before the court. This power of the court to entertain PIL applications became a hallmark of judicial authority.
Historical Cases:
One of the earliest instances of PIL occurred when G. Vasantha Pai filed a case in the Madras High Court against Chief Justice S. Ramachandra Iyer, exposing forged documents. In another landmark case, Kapila Hingorani filed a petition concerning the plight of prisoners in Bihar jails, leading to the release of 40,000 detainees after the Supreme Court ruled in favor of free legal aid and expedited hearings. These cases set precedents for PIL’s efficacy in addressing systemic issues affecting society.
Definition and Adoption:
The term “public interest litigation” was officially defined by the Supreme Court in the case of SP Gupta vs Union of India. PIL aligns with the constitutional principles of Article 39A, aiming to ensure prompt social justice through legal means. Justices Bhagwati and Krishna Iyer played instrumental roles in admitting PILs in court, thereby broadening access to justice beyond the traditional confines of legal procedures.
Accessibility and Impact:
Unlike conventional legal proceedings, filing a PIL is relatively less burdensome, with instances where informal communications, such as letters or telegrams, were treated as PILs by the court. For instance, a letter from two professors at the University of Delhi regarding the conditions of inmates in Agra’s protective home prompted the court to intervene. Similarly, a letter from journalist Kuldip Nayar regarding human rights violations under TADA was treated as a petition under Article 32 of the Constitution.
The evolution of PIL in India represents a significant shift towards a more inclusive and responsive judicial system. By embracing PIL, the courts have become powerful agents of social change, ensuring that the principles of justice and equality are upheld for the betterment of society as a whole.
Hussainara Khatoon v. Home Secretary, State of Bihar
This case was stated to be a landmark case in India in the 1980s where this case brought into light the plight of the undertrial accused. This was a series of the cases filed by multiple prisoners and have briefly spoken about the undertrial prisoners being in the prison for a period which is more than what they will get if they have got convicted also.
This case helped to create a precedent over the speedy trial and equitable justice for the undertrial prisoners. This one has a special place in the list.
Vishaka vs the State of Rajasthan
This case was initiated by an advocate through Public interest litigation (PIL). This case is the sad story of Bhanwari who was a victim of rape, which occurred to her after she fought against child marriage. Her whole family was boycotted from the village. The criminal case against the accused did not help her to meet the ends of justice. One of the lawyers who were present at the criminal trial of this case filed a PIL in order to help the victim.
This case was the initiating or ignition point for the tremendous implementation of Harassment laws in the workplace. This judgement is a landmark case as it stated the rigid guidelines for a healthy workplace environment for women.
Javed vs the State of Haryana
In this case, the case was filed by the aggrieved party who were unable to contest in the election because of a statute which made any person who has more than 2 children unable to contest in certain posts of the panchayat. This so-called two-child norm was made to give attention to the family planning scheme.
This court spoke about the overlapping provisions of human rights and the problem of population.
M.C. Mehta vs UOI:
This case was against those who were polluting the Ganga river. The case was filed by the notable environmental attorney M.C.Mehta where he fought against numerous industries and cities which mixed the Ganges with effluents and toxic waste. This case caused the court to pass numerous orders against the industries to set up a sewage treatment plant. The cities and towns were also made to follow strict guidelines. Many industries were made to relocate. Thus, this case is considered to be one of the most important cases in the history of PILs.
Parmanand Katara vs UOI
This case makes it to the list of landmark cases because of the number of lives that have been saved after the PIL was made. The case dealt with hospitals which were reluctant to attend accidents and legal cases. The spark was created in the mind of Parmanand after he came to know about the story of a scooterist who met with an accident and was unable to get treatment in the nearby hospitals.
This case made sure that the ultimate goal of the hospital should be saving a life, and not escaping from troubles. The court gave complete freedom to hospitals to attend an emergency case that comes to them without worrying about legal troubles.
S.P.Gupta vs UOI:
In this case, it was held that a lawyer too has a locus standi to file a writ for the Public Interest Litigation. The case was a landmark case in the sense that the constitutional bench of the Supreme Court of India, has told that the very interpretation of locus standi have been changed and thus the locus standi over the filing of PIL by lawyers should be accepted. This opened up a plethora of PIL petitions by the advocates.
It is an irresistible fact that the PILs form the basic structural tool for public participation in the varied issues involving the administration or environment and human rights. It is true that there is quite a number of criticism that is kept on the PIL and its ways to mend the judiciary for private interest in the name of public interest. The actual issue is when we look at the number of PILs that have been filed, it is a mere number that has some frivolous intentions.
Frequently Asked Questions
When should i get my income tax return?
You can check the status within 24 hours after you receive e-file return or one month after you have mailed a paper return. Most refunds are issued in less than 21 days. Learn More about Income Tax filing
Is PF and ESI mandatory?
ESI is compulsory to all the employees earning ₹ 21,000 below. ESI provides tremendous advantages and enhances employee morale and retention. More info on ESI registration
What licenses are needed to start a food business in India?
Starting up a restaurant is an overwhelming process. You need to navigate the legal process and requirements before opening the restaurant. Licenses which are required to run the restaurant are: FSSAI license, Shop and Establishment license,Liquor license, Fire safety license, Health/Trade license, Music license, Eating house license, Lift license, etc. More information on FSSAI
What is the purpose of ISO?
ISO aims to provide a workable and practical Quality Management System for monitoring and enhancing all the areas of the business. The management processes provide increased productivity , sound foundation and profit. More on ISO Certification
How can I get a TDS refund?
When the amount you pay as tax in a fiscal year is lower than the amount deducted as TDS, you can claim a TDS refund. Details on TDS Return Filing
What is the difference between copyright and intellectual property?
Intellectual property refers to intellectual creation such as designs, symbols, names, images, artistic work, etc. Copyright is one of the forms of intellectual property. Details on Trademark Registration
What is the criteria for MSME?
As per the MSMED (Micro, Small & Medium Enterprises Development) Act implemented in 2006, MSMEs are classified into two classes such as Manufacturing Enterprises and Service Enterprises. Learn more about MSME Registration
What is Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) involves legal action initiated for the benefit of the public or society, addressing issues of broader societal concern rather than individual grievances. It enables concerned citizens, activists, or NGOs to approach the courts to seek remedies for issues like human rights violations, environmental degradation, corruption, or governmental inefficiency, promoting social justice and accountability.
How much does it cost to file a PIL?
The cost of filing a Public Interest Litigation (PIL) varies based on factors such as legal fees, court filing charges, and associated expenses. While some PILs are pro bono, facilitated by lawyers or legal aid organizations, private representation may entail varying costs depending on complexity and lawyer fees.
What is an example of public interest litigation in India?
One prominent example is the Vishaka case (Vishaka and Others v. State of Rajasthan, 1997) where the Supreme Court established guidelines, known as the Vishaka Guidelines, to address workplace sexual harassment. This PIL responded to the prevalent issue and laid down measures to ensure a safe work environment for women.
What changes have been made in Public Interest Litigation?
Changes in PIL include relaxed procedural requirements for easier access, broadening the scope to encompass diverse issues, adoption of technology for online filing and dissemination, and introduction of guidelines to prevent misuse, ensuring genuine public interest motives.
What impact can a PIL have?
PILs can yield systemic reforms, uphold constitutional principles and rights, raise awareness, hold authorities accountable, and empower citizens in contributing to societal welfare and development.
Conclusion
In response to your concern, we hope we have provided you with sufficient information; however, if you require additional assistance, please do not hesitate to contact us.
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