PUBLIC INTEREST LITIGATION: THE NECESSITY AND ROLES FOR A CHANGED SOCIETY
Category: ARTICLE
「 ✦ Content ✦ 」
The concept of Public Interest Litigation comes into picture when any party is seeking to resolve disputes and problems affecting people at large. The study of the research paper tries to focus on the importance of the role played by Public Interest Litigation in making positive transformations in the lives of the people. This research paper would primarily focus on the importance of providing urgent and immediate remedy to any individual who suffered an infringement of their rights.
KEYWORDS
Litigation, Public interest, Infringement, Remedy, Court of law
INTRODUCTION
Public Interest Litigation means the legal proceedings which has been initiated by the court of law for the enforcement of general interest for a class of community can approach the court for contemplating the legal proceedings for enforcing the fundamental rights against the poverty, ignorance and incapacity as they are affecting the interest of the general public. The petition should be filed for the common good of the public without any private gains. The petition can be filed by any member of the public as a representative or as a whole for any matter which is initiated in the court of law for the purpose of seeking the remedy or enforcing the right. Generally, the Interest on which the petition is filed must be shared by a large number of publics against the state or central government and other local authorities within the territory of India can file the suit Article 226 before a High Court or under Article 32 before the Supreme Court of India.
The term Locus standi is derived from Latin means “Place of Standing “. In Law, locus standi means the right to appearance or right to bring action or to address in the court of justice. Locus standi gives the ability to a person or a party to demonstrate sufficient interest by standing to sue or to challenge an action to support that part’s participation in the case. Locus standi is practiced in many countries civil, criminal, constitutional or human rights through constitution.
THE NEED OF PUBLIC INTEREST LITIGATION
The main purpose of public interest litigation is to provide an advanced regulation for the human rights and equality for the poor as the main objective of PILs is to provide the justice accessible for disadvantaged groups and for the people who are denied from accessing their rights. The matters on which PIL can be filed are for the violation of rights like basic fundamental rights, basic human rights for the poor and the matters related to the performance and duty of municipal authorities.
The main reason of emergence of PIL in India is to provide the access to law for acquiring the legal proceedings to the ordinary people for more substantial cause as which has been protected under the constitution in part III which focus on fundamental rights of the citizens and the DPSP under the part IV of the constitution. The accountability of the State has increased in the country’s where PIL has developed as it enables to file the cases by the underprivileged segments of the society when it causes a legal or constitutional injury.
HISTORY OF PUBLIC INTEREST LITIGATION
The term Public Interest Litigation is known as PIL which has been originated in the mid-1980.Since 19Th century, the Public Interest Litigation was developed through various movements in the country within the framework of Legal aid movement. The first Legal aid office was established in the year 1876 at New York City. During the year 1960 the PIL movement has gained the financial aid from the office of Economic Opportunity which has increased the interest of advocates and othernationalist who fight the cases for the underprivileged segments of the society.
In India, the Public Interest Litigation is popularly known as interest of the public in general which has emerged in the end of 1970. Till 1980’s, only the aggrieved party can only file the suit for seeking the justice and avail the remedy for the grievance filed and others cannot file a suit as they are personally not affected. In other words, only the aggrieved party who has directly got effected has the locus standi to file the petition while the party whose right has not been affected cannot use locus standi to file a petition.
The main agenda of PIL in India is to provide the access to law for acquiring the legal proceedings to the ordinary people for more substantial cause. As PIL is not defined under any statue or act. It is the consequence which is derived of Judicial Activism which effects the general public not an individual personally.
PUBLIC INTEREST LITIGATION IN INDIA
Public Interest litigation generally refers to the litigation initiated in the appropriate court of law in the interests of the general public. Also known as Social Interest Litigation, Article 32 of the Indian Constitution allows for the practice of Public Interest Litigation in which letters written by public-spirited people or organizations alleging violations of fundamental rights are converted into petitions. Thus, any member of the public with sufficient interest can approach the court for enforcing the rights of other people. PIL is necessary for the maintenance of Rule of Law.
The Supreme Court formulated a set of guidelines, in 1998, that are to be followed for entertaining letters and petition received by it as PIL. These guidelines were further modified in 1993 and 2003. The letters and petitions that are recognized under PIL are: Bonded Labor Matters, Neglected Children, Non-payment of minimum wages to the workers, Atrocities on women, in particular, rape, murder, kidnapping and harassment of bride, Food adulteration, Environmental Pollution and many others.
CONCLUSION
Public Interest Litigation can be said to be a vital judicial tool for protecting the rights of citizens. It safeguards the interests and the requirements of the people who are not able to reach the courts due to their disadvantaged position. The courts of law have always played a great role in making necessary rules of the issue public is concerned with and has upheld the needs and requirements of people concerning at large. There are many instances where Public Interest Litigation can be misused where the parties can file such PILs for protecting their individual or private interests. However, the judiciary must be diligent while dealing with the issues concerning the public at large and has to decide the cases to uphold law, morality and justice.
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WRITTEN BY: PATHI HRUDAYA REDDY
GUIDED BY: ADVOCATE ANIK
