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Tanaya Thakur (student)     19 December 2013

Can minor file a public interest litigation

Can a minor file public interest litigation before the court of law and can s/he appear for the same in person?? Kindly Reply



 10 Replies

Daksh (Student)     23 May 2014

Dear Tanaya, There is no prohibition provided you satisfy that you have amply prepared for the same and know the consequences it is going to follow.  Hope this clarifies.

 

Best regards

Daksh

Daksh (Student)     23 May 2014

Dear Tanaya, There is no prohibition provided you satisfy that you have amply prepared for the same and know the consequences it is going to follow.  Hope this clarifies.

 

Best regards

Daksh

Sudhir Kumar (Dy Director)     24 May 2014

case by minor can be filed by gaurdian on his bahalf who can file such cases only if the case matter benefits the minor.  He cannot misuse his guardianship to use minor for PIL.  Rather should file PIL himself.

Sudhir Kumar (Dy Director)     24 May 2014

for further advise come with facts of the case.

kriti agrawal (self)     17 June 2014

hello,

All persons have the right to enforce their fundamental rights under the Constitution by filing what is commonly known as “Public Interest Litigation.”Public Interest Litigation allows for children, their representatives, and any other person with sufficient interest  to challenge laws and Government actions that violate children's rights.
In addition, children may challenge violations of their rights by lodging complaints with the National Commission for the Protection of Child Rights or the National Human Rights Commission.
 
Children may file cases in their own names, but must be represented by an adult “next friend” in bringing suit and taking any subsequent legal action.Where a child is the defending party in a civil suit, he or she will be appointed a “guardian for the suit”.Any adult of sound mind may act as a child's next friend or guardian for the suit provided that there is no conflict of interest, although where a legal guardian has previously been appointed for a child, it is expected that this guardian will act as the next friend or guardian for the suit unless this would run against the child's welfare interests.If a next friend has already been selected, court-appointed guardians may also apply to replace this person.Next friends may be removed where they are unwilling or unable to adequately represent the interests of a child, and a child may upon reaching majority elect to continue the suit without the assistance of a next friend.If a child is arrested, his or her parent or guardian must be notified and will be expected to appear during court proceedings.In addition, any person who has been arrested and detained has the right to consult with and be defended by a lawyer.
 
In general, parents bear the primary responsibility for their children unless the best interests of the child dictate otherwise.Where this is the case, a legal guardian may be appointed to care for and manage the affairs of the child in question.In the case of infants and young children, the child's parent or legal guardian would typically bring a civil suit as a child's next friend in line with provisions above. In addition, parents, guardians or any other person or group with sufficient interest may file Public Interest Litigation to challenge violations of the rights of children of any age.
 
kriti

Sudhir Kumar (Dy Director)     17 June 2014

litigation on behalf of minor can be filed only for the interest of the minor.

 

PIL can be filed on the subject in which the applicant is not personally interested.

 

So petition on behalf of minor cannot be filed.  It will be mere misuse of the name of minor for none opf his benefit.

 

In case the minor is really affected by any wrong then a proper suit can be filed in appropriate court.

Devendra N.Tripathi, Advocate (Supreme Court of India)     07 July 2014

PIL is maintainable even by a minor.. In a PIL the issue of locus is diluted and therefore a minor or no minor not an issue at all.

question is - why should a minor file a PIL.. If the minor is so affected due to some public authority duty bound to perform a public duty - has failed or deliberately abdicates his duty then yes a PIL can be filed..

I doubt if a minor is sensible enough to understand the nuances so well.. Unless the minor is used by some person or group in the background.. Which will be an issue in Writ Courts.. And relief may - May not be denied.

Depends from the facts of the case.

Thanks,

Sudhir Kumar (Dy Director)     11 July 2014

litigation on behalf of minor can be filed only for the interest of the minor.

 

PIL can be filed on the subject in which the applicant is not personally interested.

 

So petition on behalf of minor cannot be filed.  It will be mere misuse of the name of minor for none opf his benefit.

 

In case the minor is really affected by any wrong then a proper suit can be filed in appropriate court.

1 Like

praveen kumar (LEGAL MANAGER)     07 August 2014

i agree with Sudhir sir's view. PIL can not be for issues in which any self interest lies. Minor may file PIL through adult kin on public issue.

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