PIL is for the protection of our fundamental rights. Any person who is disadvantaged or socially, economically backward can seek its help. It is meant for the social justice of one’s own country and faith in the judiciary activism. It looks after the needs of the citizen. The welfare of this country and judicial development is in the hands of the people. Screams of the ailing groups like victimised women, oppressed classes, etc can reach the court with the help of PIL. It is a weapon used against the atrocities that the public face at large with the intent to shield them and raise faith in the judiciary system.
- The concept of public interest litigation was initially sown in India by Krishna Iyer J., in 1976 in Mumbai Kamgar Sabha vs. Abdul Thai AIR 1976 SC 1455.
- Public Interest Litigation’ means “any litigation that was conducted for the benefit of public or for the betterment of society by eradicating the grievances.
- The most unique feature of PIL in India is that the apex court rules of locus standi, that is the eligibility of a person to invoke the jurisdiction of the courts.
- Huge legal fees and lack of knowledge made it nearly impossible to approach the court during the 1970s.
- This helplessness was noticed and led to the invoke of PIL for faster, simpler and easily reachable solution to climb the steps of the court.
- PIL came as the sun to this darkness. It was served to lift the courts esteem to protect the fundamental rights of its citizen.
Characteristics of Public Interest Litigation: -
- PIL is filed by a selfless human or an organisation with only a motive to help the disadvantaged group by—
- Implementation of fundamental rights to those who cannot access the judiciary easily.
- Extending benefit of the statutory provisions incorporating the
- Directive Principles of State Policy to those who are denied of the
- Basics and who’s voices are supressed
- Prevent any act of unlawful act or omission of any lawful act.
Advantages to the people
- The fees of the PIL are minimal. This is one of the best advantages in a country like India that people can use to their advantage.
- The more imperative issues like pollution, human rights, government inefficiency, environmental problems, etc can be dealt with.
- Bandhua Mukti moksha vs union of India, 1997 introduced guidelines for child labour management.
- The scope of habeas corpus has also increased. Even prisoners can seek their personal liberty and right to lofe rights freely.
- Through PIL, the Supreme Court laid down rules against the atrocities on women.
- Looking after the welfare policies that govern our constitution.
- Suo Moto initiation by the court
- A progressive aid to the poor and side-lined.
- Increased public participation and awareness of laws amongst people at large
PIL is not just advantageous to the people, It gives people an easy access to their basic rights and needs. It makes justice one step closer. And brings the disadvantaged class of people to the doors of the courts where they can see the hope of justice.
It safeguards the rights the duties the laws established by the constitution. PIL speaks for the unprivileged and helps the ailing part of the society demand their rights. The courts access through the lowered threshold ensures that all segments of the country can assert their interests and contribute to the public discourse. In this sense, PIL redistributes justice to level the playing field.
The era of seeking judiciary help only when extremely needed is gone. People can now approach the court doors when they are aggrieved and make the people responsible change their actions.