Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in

the constitutional scheme. It can review legislation and administrative actions or decisions on the
anvil of constitutional law. For the enforcement of fundamental rights, one has to move the
Supreme Court or the High Court’s directly by invoking Writ Jurisdiction of these courts. But the high
cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in
mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty,
illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL)
thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the
concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for
the vindication of private vested interests. Litigation in those days consisted mainly of some action
initiated and continued by certain individuals, usually, addressing their own grievances /problems.
Thus, the initiation and continuance of litigation was the prerogative of the injured person or the
aggrieved party. Even this was greatly limited by the resources available with those individuals.
There was very little organized efforts or attempts to take up wider issues that affected classes of
consumers or the general public at large. However, all these scenarios changed during Eighties with
the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of
India gave all individuals in the country and the newly formed consumer groups or social action
groups, an easier access to the law and introduced in their work a broad public interest perspective.

Legal History.

The Indian PIL is the improved version of PIL of U.S.A. According to “Ford Foundation” of U.S.A.,
“Public interest law is the name that has recently been given to efforts that provide legal
representation to previously unrepresented groups and interests. Such efforts have been
undertaken in the recognition that ordinary market place for legal services fails to provide such
services to significant segments of the population and to significant interests. Such groups and
interests include the proper environmentalists, consumers, racial and ethnic minorities and others”.
The emergency period (1975-1977) witnessed colonial nature of the Indian legal system. During
emergency state repression and governmental lawlessness was widespread. Thousands of innocent
people including political opponents were sent to jails and there was complete deprivation of civil
and political rights. The post emergency period provided an occasion for the judges of the Supreme
Court to openly disregard the impediments of Anglo-Saxon procedure in providing access to justice
to the poor.

Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of
that nebulous entity: the public in general. Prior to 1980s, only the aggrieved party could personally
knock the doors of justice and seek remedy for his grievance and any other person who was not
personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved
party. In other words, only the affected parties had the locus standi (standing required in law) to file
a case and continue the litigation and the non-affected persons had no locus standi to do so. And as
a result, there was hardly any link between the rights guaranteed by the Constitution of Indian Union
and the laws made by the legislature on the one hand and the vast majority of illiterate citizens on
the other. The traditional view in regard to locus standi in Writ jurisdiction has been that only such
persons who: a) Has suffered a legal injury by reason of violation of his legal right or legally
protected interest; or b) Is likely to suffer a legal injury by reason of violation of his legal right or
legally protected interest. Thus, before a person acquired locus standi he had to have a personal or
individual right which was violated or threatened to be violated. He should have been a “person
aggrieved” in the sense that he had suffered or was likely to suffer from prejudice, pecuniary or
otherwise.
However, all these scenario gradually changed when the post emergency Supreme Court tackled the
problem of access to justice by people through radicalchanges and alterations made in the
requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N Bhagwati and
Justice V R KrishnaIyer were instrumental of this juristic revolution of eighties to convert the Apex
Court of India into a Supreme Court for all Indians. Justice V. R. Krishna Iyer and P. N. Bhagwati
recognised the possibility of providing access to justice to the poor and the exploited people by
relaxing the rules of standing. In the post-emergency period when the political situations had
changed, investigative journalism also began to expose gory scenes of governmental
lawlessness,repression, custodial violence, drawing attention of lawyers, judges, and social activists.
PIL emerged as a result of an informal nexus of pro-active judges,media persons and social activists.
This trend shows starke difference between the traditional justice delivery system and the modern
informal justice systemwhere the judiciary is performing administrative judicial role. PIL is necessary
rejection of laissez faire notions of traditional jurisprudence.

The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial
prisoners. In Hussainara Khatoon v. State of Bihar, the PILwas filed by an advocate on the basis of
the news item published in the Indian Express, highlighting the plight of thousands of undertrial
prisoners languishingin various jails in Bihar. These proceeding led to the release of more than
40,000 undertrial prisoners. Right to speedy justice emerged as a basic fundamentalright which had
been denied to these prisoners. The same set pattern was adopted in subsequent cases.

A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of

S.P. Gupta v. Union of India. In this case it was held that “anymember of the public or social action
group acting bonafide” can invoke the Writ Jurisdiction of the High Courts or the Supreme Court
seeking redressal againstviolation of a legal or constitutional rights of persons who due to social or
economic or any other disability cannot approach the Court. By this judgment PILbecame a potent
weapon for the enforcement of “public duties” where executed in action or misdeed resulted in
public injury. And as a result any citizen of India or any consumer groups or social action groups can
now approach the apex court of the country seeking legal remedies in all cases where the interests
of general public or a section of public are at stake.

In 1981 the case of Anil Yadav v. State of Bihar, exposed the brutalities of the Police. News paper
report revealed that about 33 suspected criminals wereblinded by the police in Bihar by putting the
acid into their eyes. Through interim orders Supreme Court directed the State government to bring
the blinded mento Delhi for medical treatment. It also ordered speedy prosecution of the guilty
policemen. The court also read right to free legal aid as a fundamental right of every accused. Anil
Yadav signalled the growth of social activism and investigative litigation.

In Citizen for Democracy v. State of Assam, the S. C. declared that the handcuffs and other fetters
shall not be forced upon a prisoner while lodged in jail or while in transport or transit from one jail to
another or to the court or back.

Meaning and Definition.

According to Black's Law Dictionary- "Public Interest Litigation means a legal action initiated in a
court of law for the enforcement of public interest or generalinterest in which the public or class of
the community have pecuniary interest or some interest by which their legal rights or liabilities are
affected.
"In the case of People’s Union for Democratic Rights v. Union of India, it was held that “Public
Interest Litigation which is a strategic arm of the legal aidmovement and which is intended to bring
justice within the reach of the poor masses, who constitute the low visibility area of humanity, is a
totally differentkind of litigation from the ordinary traditional litigation which is essentially of an
adversary character where there is a dispute between two parties, one making aclaim or seeing
relief against the other and that other opposing such claim or relief. Public interest litigation is
brought before the court not for the purpose of enforcing the right of one individual against another
as happens in the case of ordinary litigation, but it is intended to promote and vindicate public
interest whichdemands that violations of constitutional or legal rights of large numbers of people
who are poor, ignorant or in a socially or economically disadvantagedposition should not go
unnoticed and un-redressed.

That would be destructive of the Rule of Law which forms one of the essential elements of public
interest in any democratic form of government. The Rule of Law does not mean that the protection
of the law must be available only to a fortunate few or that the law should be allowed to be
prostituted by the vestedinterests for protecting and upholding the status quo under the guise of
enforcement of their civil and political rights. The poor too have civil and political rightsand the Rule
of Law is meant for them also, though today it exists only on paper and not in reality.”

Concept of PIL

According to the jurisprudence of Article 32 of the Constitution of India, “The right to move the
Supreme Court by appropriate proceedings for the enforcementof the rights conferred by this part is
guaranteed”. Ordinarily, only the aggrieved party has the right to seek redress under Article 32.

In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India

, articulated the concept of PIL as follows, “Where a legal wrong or a legal injury is caused to aperson
or to a determinate class of persons by reason of violation of any constitutional or legal right or any
burden is imposed in contravention of anyconstitutional or legal provision or without authority of
law or any such legal wrong or legal injury or illegal burden is threatened and such person or
determinateclass of persons by reasons of poverty, helplessness or disability or socially or
economically disadvantaged position unable to approach the court for relief, anymember of public
can maintain an application for an appropriate direction, order or writ in the High Court under
Article 226 and in case any breach of fundamental rights of such persons or determinate class of
persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal
injurycaused to such person or determinate class of persons.”

The rule of locus standi have been relaxed and a person acting bonafide and having sufficient
interest in the proceeding of Public Interest Litigation will alonehave a locus standi and can approach
the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions,
but not for personalgain or private profit or political motive or any oblique consideration.

The Supreme Court in Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy
Service and Ors., held that “In an appropriate case, wherethe petitioner might have moved a court
in her private interest and for redressal of the personal grievance, the court in furtherance of Public
Interest may treat ita necessity to enquire into the state of affairs of the subject of litigation in the
interest of justice. Thus a private interest case can also be treated as publicinterest case”.

In Guruvayur Devaswom Managing Commit. And Anr. v. C.K. Rajan and Ors, the Supreme Court
held, “The Courts exercising their power of judicial reviewfound to its dismay that the poorest of the
poor, depraved, the illiterate, the urban and rural unorganized labour sector, women, children,
handicapped by'ignorance, indigence and illiteracy' and other down trodden have either no access
to justice or had been denied justice. A new branch of proceedings known as'Social Interest
Litigation' or 'Public Interest Litigation' was evolved with a view to render complete justice to the
aforementioned classes of persona. Itexpanded its wings in course of time. The Courts in pro bono
publico granted relief to the inmates of the prisons, provided legal aid, directed speedy
trial,maintenance of human dignity and covered several other areas. Representative actions, pro
bono publico and test litigations were entertained in keeping withthe current accent on justice to
the common man and a necessary disincentive to those who wish to by pass the, real issues on the
merits by suspect relianceon peripheral procedural shortcomings… Pro bono publico constituted a
significant state in the present day judicial system.

They, however, provided the dockets with much greater responsibility for rendering the concept of
justice available to the disadvantaged sections of the society.Public interest litigation has come to
stay and its necessity cannot be overemphasized. The courts evolved a jurisprudence of compassion.
Proceduralpropriety was to move over giving place to substantive concerns of the deprivation of
rights. The rule of locus standi was diluted. The Court in place of disinterested and dispassionate
adjudicator became active participant in the dispensation of justice”.

Writ Jurisdiction under Articles 32 and 226 of the Constitution of India, 1950

The Writ Jurisdiction of Supreme Court can be invoked under Article 32 of the Constitution for the
violation of fundamental rights guaranteed under Part – III of the Constitution. Any provision in any
Constitution for Fundamental Rights is meaningless unless there are adequate safeguards to ensure
enforcement of suchprovisions. Since the reality of such rights is tested only through the judiciary,
the safeguards assume even more importance. In addition, enforcement alsodepends upon the
degree of independence of the Judiciary and the availability of relevant instruments with the
executive authority. Indian Constitution, likemost of Western Constitutions, lays down certain
provisions to ensure the enforcement of Fundamental Rights.

These are as under:

(a) The Fundamental Rights provided in the Indian Constitution are guaranteed against any executive
and legislative actions. Any executive or legislativeaction, which infringes upon the Fundamental
Rights of any person or any group of persons, can be declared as void by the Courts under Article 13
of theConstitution.

(b) In addition, the Judiciary has the power to issue the prerogative writs. These are the extra-
ordinary remedies provided to the citizens to get their rightsenforced against any authority in the
State. These writs are - Habeas corpus, Mandamus, Prohibition, Certiorari and Quo-warranto. Both,
High Courts as well asthe Supreme Court may issue the writs. (c) The Fundamental Rights provided
to the citizens by the Constitution cannot be suspended by the State, exceptduring the period of
emergency, as laid down in Article 359 of the Constitution. A Fundamental Right may also be
enforced by way of normal legal proceduresincluding a declaratory suit or by way of defence to legal
proceedings.

However, Article 32 is referred to as the "Constitutional Remedy" for enforcement of Fundamental

Rights. This provision itself has been included in theFundamental Rights and hence it cannot be
denied to any person. Dr. B.R.Ambedkar described Article 32 as the most important one, without
which theConstitution would be reduced to nullity. It is also referred to as the heart and soul of the
Constitution. By including Article 32 in the Fundamental Rights, theSupreme Court has been made
the protector and guarantor of these Rights. An application made under Article 32 of the
Constitution before the Supreme Court,cannot be refused on technical grounds. In addition to the
prescribed five types of writs, the Supreme Court may pass any other appropriate order.
Moreover,only the questions pertaining to the Fundamental Rights can be determined in
proceedings against Article 32. Under Article 32, the Supreme Court may issue aWrit against any
person or government within the territory of India. Where the infringement of a Fundamental Right
has been established, the Supreme Courtcannot refuse relief on the ground that the aggrieved
person may have remedy before some other court or under the ordinary law.

The relief can also not be denied on the ground that the disputed facts have to be
investigated or some evidence has to be collected. Even if an aggrievedperson has not asked for a
particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the
appropriate Writ and may evenmodify it to suit the exigencies of the case. Normally, only the
aggrieved person is allowed to move the Court. But it has been held by the Supreme Court thatin
social or public interest matters, any one may move the Court. A Public Interest Litigation can be
filed before the Supreme Court under Article 32 of theConstitution or before the High Court of a
State under Article 226 of the Constitution under their respective Writ Jurisdictions. There are
mainly five types of Writs – (i) Writ of Habeaus Corpus, (ii) Writ of Mandamus, (iii) Writ of Quo-
Warranto, (iv) Writ of Prohibition, and (v) Writ of Certiorari.

(I) Writ of Habeas Corpus:

It is the most valuable writ for personal liberty. Habeas Corpus means, "Let us have the body." A
person, when arrested, can move the Court for the issue of Habeas Corpus. It is an order by a Court
to the detaining authority to produce the arrested person before it so that it may examine whether
the person has beendetained lawfully or otherwise. If the Court is convinced that the person is
illegally detained, it can issue orders for his release.

(II) The Writ of Mandamus:

Mandamus is a Latin word, which means "We Command". Mandamus is an order from a superior
court to a lower court or tribunal or public authority to performan act, which falls within its duty. It is
issued to secure the performance of public duties and to enforce private rights withheld by the
public authorities. Simply,it is a writ issued to a public official to do a thing which is a part of his
official duty, but, which, he has failed to do, so far. This writ cannot be claimed as amatter of right. It
is the discretionary power of a court to issue such writs.

(III) The Writ of Quo-Warranto:

The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view to
restraining a person from acting in a public office to which he is notentitled. The Writ of quo-
warranto is used to prevent illegal assumption of any public office or usurpation of any public office
by anybody. For example, a personof 62 years has been appointed to fill a public office whereas the
retirement age is 60 years. Now, the appropriate High Court has a right to issue a Writ of quo-
warranto against the person and declare the office vacant.

(IV) The Writ of Prohibition:

Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This Writ is
issued when a lower court or a body tries to transgress thelimits or powers vested in it. It is a Writ
issued by a superior court to lower court or a tribunal forbidding it to perform an act outside its
jurisdiction. After theissue of this Writ proceedings in the lower court etc. come to a stop. The Writ
of prohibition is issued by any High Court or the Supreme Court to any inferior court, prohibiting the
latter to continue proceedings in a particular case, where it has no legal jurisdiction of trial. While
the Writ of mandamus commands doingof particular thing, the Writ of prohibition is essentially
addressed to a subordinate court commanding inactivity. Writ of prohibition is, thus, not available
againsta public officer not vested with judicial or quasi-judicial powers. The Supreme Court can issue
this Writ only where a fundamental right is affected.

(V) The Writ of Certiorari:

Literally, Certiorari means to be certified. The Writ of Certiorari is issued by the Supreme Court to
some inferior court or tribunal to transfer the matter to it or tosome other superior authority for
proper consideration. The Writ of Certiorari can be issued by the Supreme Court or any High Court
for quashing the order already passed by an inferior court. In other words, while the prohibition is
available at the earlier stage, Certiorari is available on similar grounds at a later stage. It can also be
said that the Writ of prohibition is available during the tendency of proceedings before a sub-
ordinate court, Certiorari can be resorted toonly after the order or decision has been announced.

There are several conditions necessary for the issue of Writ of Certiorari, which are as under:

(a) There should be court, tribunal or an officer having legal authority to determine the question of
deciding fundamental rights with a duty to act judicially.

(b) Such a court, tribunal or officer must have passed an order acting without jurisdiction or in excess
of the judicial authority vested by law in such court,tribunal or law. The order could also be against
the principle of natural justice or it could contain an error of judgment in appreciating the facts of
the case.

Subjects of Public Interest Litigation

Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the
people who are poor, weak, ignorant of legal redressal system or otherwise in a disadvantageous
position, due to their social or economic background. Such litigation can be initiated only for
redressal of a public injury,enforcement of a public duty or vindicating interest of public nature. It is
necessary that the petition is not filed for personal gain or private motive or for other extraneous
consideration and is filed bona fide in public interest.

The following are the subjects which may be litigated under the head of Public Interest Litigation:

(I) The matters of public interest: Generally they include(i) bonded labour matters(ii) matters of
neglected children(iii) exploitation of casual labourers and non-payment of wages to them (except in
individual cases)(iv) matters of harassment or torture of persons belonging to Scheduled Castes,
Scheduled Tribes and Economically Backward Classes, either by co-villagersor by police(v) matters
relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration,
maintenance of heritage and culture, antiques,forests and wild life,(vi) petitions from riot victims
and(vii) other matters of public importance.

(II) The matters of private nature: They include (i) threat to or harassment of the petitioner by
private persons, (ii) seeking enquiry by an agency other than localpolice, (iii) seeking police
protection, (iv) land lordtenant dispute (v) service matters, (vi) admission to medical or engineering
colleges, (vii) early hearing of matters pending in High Court and subordinate courts and are not
considered matters of public interest.
(III) Letter Petitions: Petitions received by post even though not in public interest can be treated as
writ petitions if so directed by the Hon’ble Judge nominatedfor this purpose. Individual petitions
complaining harassment or torture or death in jail or by police, complaints of atrocities on women
such as harassment for dowry, bride burning, rape, murder and kidnapping, complaints relating to
family pensions and complaints of refusal by police to register the case can beregistered as writ
petitions, if so approved by the concerned Hon’ble Judge. If deemed expedient, a report from the
concerned authority is called before placingthe matter before the Hon’ble Judge for directions. If so
directed by the Hon’ble Judge, the letter is registered as a writ petition and is thereafter listed before
theCourt for hearing.

Procedure for Filing Public Interest Litigation

(a) Filing

Public Interest Litigation petition is filed in the same manner, as a writ petition is filed. If a PIL is filed
in a High Court, then two (2) copies of the petition have tobe filed (for Supreme Court, then (4)+(1)
(i.e.5) sets) Also, an advance copy of the petition has to be served on the each respondent, i.e.
opposite party, and thisproof of service has to be affixed on the petition.

(b) The Procedure

A Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to be
affixed on the petition. Proceedings, in the PIL commenceand carry on in the same manner, as other
cases. However, in between the proceedings if the Judge feels that he may appoint the
commissioner, to inspectallegations like pollution being caused, trees being cut, sewer problems,
etc. After filing of replies, by opposite party, or rejoinder by the petitioner, final hearingtakes place,
and the judge gives his final decision.

Against whom Public Interest Litigation can be filed

A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not
any private party. The definition of State is the same asgiven under Article 12 of the Constitution and
this includes the Governmental and Parliament of India and the Government and the Legislature of
each of theStates and all local or other authorities within the territory of India or under the control
of the Government of India. According to Art.12, the term “State” includesthe Government and
Parliament of India and the Government and the Legislatures of each of the States and all local or
other authorities within the territory of India or under the control of the Government of India.

Thus the authorities and instrumentalities specified under Art.12 are

• The Government and Parliament of India• The Government and Legislature of each of the States•
All local authorities• Other authorities within the territory of India or under the Government of
India.

In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that “other authorities would
include all authorities created by the Constitution of India or Statute on whom powers are conferred
by law”.

However, “Private party” can be included in the PIL as “Respondent”, after making concerned state
authority, a party. For example- if there is a Private factoryin Delhi, which is causing pollution, then
people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution
Control Board, andagainst the private factory. However, a PIL cannot be filed against the Private
party alone.
Aspects of Public Interest Litigation

(a) Remedial in Nature:

Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the
principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By
riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature
of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v.
State of A.P., etc were the obvious examples of this changein nature of judiciary.

(b) Representative Standing:

Representative standing can be seen as a creative expansion of the well-accepted standing

exception which allows a third party to file a habeas corpus petition on the ground that the injured
party cannot approach the court himself. And in this regard the Indian concept of PIL is muchbroader
in relation to the American. PIL is a modified form of class action.

(c) Citizen standing:

The doctrine of citizen standing thus marks a significant expansion of the court’s rule, from
protector of individual rights to guardian of therule of law wherever threatened by official
lawlessness.

(d) Non-adversarial Litigation:

In the words of Supreme Court in People’s Union for Democratic Rights v. Union of India, “We wish
to point out with all theemphasis at our command that public interest litigation…is a totally different
kind of litigation from the ordinary traditional litigation which is essentially of anadversary character
where there is a dispute between two litigating parties, one making claim or seeking relief against
the other and that other opposing suchclaim or resisting such relief”.

Non-adversarial litigation has two aspects:

1. Collaborative litigation:

In collaborative litigation the effort is from all the sides. The claimant, the court and the
Government or the public official, all are incollaboration here to see that basic human rights become
meaningful for the large masses of the people. PIL helps executive to discharge its
constitutionalobligations. Court assumes three different functions other than that from traditional
determination and issuance of a decree. (i). Ombudsman- The courtreceives citizen complaints and
brings the most important ones to the attention of responsible government officials. (ii) Forum – The
court provides a forum or place to discuss the public issues at length and providing emergency relief
through interim orders. (iii) Mediator – The court comes up with possiblecompromises.

2. Investigative Litigation:

It is investigative litigation because it works on the reports of the Registrar, District Magistrate,
comments of experts, newspapersetc.

(e) Crucial Aspects:

The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement
Kendra v. State of U.P., Supreme Courtrejected the defense of Res Judicta. Court refused to
withdraw the PIL and ordered compensation too. To curtail custodial violence, Supreme Court in
SheelaBarse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the
meaning of Right to live with human dignity available under the Article 21 of the Constitution of
India to a greatest extent possible.

(f) Relaxation of strict rule of Locus Standi: The strict rule of locus standi has been relaxed by way of
(a) Representative standing, and (b) Citizen standing.

In D.C.Wadhwa v. State of Bihar, Supreme Court held that a petitioner, a professor of political
science who had done substantial research and deeply interested in ensuring proper
implementation of the constitutional provisions, challenged the practice followed by the state of
Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The
court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a
petitionunder Article 32.

The rule of locus standi have been relaxed and a person acting bonafide and having sufficient
interest in the proceeding of Public Interest Litigation will alonehave a locus standi and can approach
the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions,
but not for personalgain or private profit or political motive or any oblique consideration…court has
to strike balance between two conflicting interests:

(i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of
others; and

(ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique
motives, justifiable executive and the legislature. It isdepressing to note that on account of trumpery
proceedings initiated before the courts, innumerable days are wasted, which time otherwise could
have beenspent for the disposal of cases of genuine litigants. Though the Supreme Court spares no
efforts in fostering and developing the laudable concept of PIL andextending its ling arm of sympathy
to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and
violated and whosegrievances go unnoticed, unrepresented and unheard.

(g) Epistolary Jurisdiction: The judicial activism gets its highest bonus when its orders wipe some
tears from some eyes. This jurisdiction is somehow differentfrom collective action. Number of PIL
cells was open all over India for providing the footing or at least platform to the needy class of the
society.

Factors that have contributed to growth of PIL

Among, the numerous factors that have contributed to the growth of PIL in this country, the
following deserve special mention:

• The character of the Indian Constitution. Unlike Britain, India has a written constitution which
through Part III (Fundamental Rights) and Part IV (DirectivePrinciples of State Policy) provides a
framework for regulating relations between the state and its citizens and between citizens inter-se.

• India has some of the most progressive social legislation to be found anywhere in the world
whether it be relating to bonded labor, minimum wages, landceiling, environmental protection, etc.
This has made it easier for the courts to haul up the executive when it is not performing its duties in
ensuring the rights of the poor as per the law of the land.• The liberal interpretation of locus standi
where any person can apply to the court on behalf of those who are economically or physically
unable to come beforeit has helped. Judges themselves have in some cases initiated suo moto action
based on newspaper articles or letters received.
• Although social and economic rights given in the Indian Constitution under Part IV are not legally
enforceable, courts have creatively read these intofundamental rights thereby making them
judicially enforceable. For instance the "right to life" in Article 21 has been expanded to include right
to free legal aid,right to live with dignity, right to education, right to work, freedom from torture, bar
fetters and hand cuffing in prisons, etc.

• Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua
Mukti Morcha case in 1983, the Supreme Court put theburden of proof on the respondent stating it
would treat every case of forced labor as a case of bonded labor unless proven otherwise by the
employer. Similarlyin the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone
getting less than the minimum wage can approach the Supreme Court directlywithout going through
the labor commissioner and lower courts.

In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either
because it is voluminous or because the parties are weaksocially or economically, courts have
appointed commissions to collect information on facts and present it before the bench.

Mechanism for protection of Human Rights through PIL

Features of PIL through the mechanism of PIL, the courts seek to protect human rights in the
following ways:

1) By creating a new regime of human rights by expanding the meaning of fundamental right to
equality, life and personal liberty. In this process, the right tospeedy trial, free legal aid, dignity,
means and livelihood, education, housing, medical care, clean environment, right against torture,
sexual harassment,solitary confinement, bondage and servitude, exploitation and so on emerge as
human rights. These new re-conceptualised rights provide legal resources toactivate the courts for
their enforcement through PIL.

2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi.
Any public spirited citizen or social action group canapproach the court on behalf of the oppressed
classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been
calledepistolary jurisdiction.

3) By fashioning new kinds of relief’s under the court’s writ jurisdiction. For example, the court can
award interim compensation to the victims of governmentallawlessness. This stands in sharp
contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the
status quo pending finaldecision. The grant of compensation in PIL matters does not preclude the
aggrieved person from bringing a civil suit for damages. In PIL cases the court canfashion any relief
to the victims.

4) By judicial monitoring of State institutions such as jails, women’s protective homes, juvenile
homes, mental asylums, and the like. Through judicialinvigilation, the court seeks gradual
improvement in their management and administration. This has been characterized as creeping
jurisdiction in which thecourt takes over the administration of these institutions for protecting
human rights.

5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own
socio-legal commissions of inquiry or has deputed its ownofficial for investigation. Sometimes it has
taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or
experts to inquireinto human rights violations. This may be called investigative litigation.
Conclusion

Public Interest Litigation is working as an important instrument of social change. It is working for the
welfare of every section of society. It’s the sword of everyone used only for taking the justice. The
innovation of this legitimate instrument proved beneficial for the developing country like India. PIL
has been used as astrategy to combat the atrocities prevailing in society. It’s an institutional initiative
towards the welfare of the needy class of the society.

In Bandhua MuktiMorcha v. Union of India, Supreme Court ordered for the release of bonded
labourers.

In Murli S. Dogra v. Union of India, the Supreme Court banned smokingin public places. In a
landmark judgment of Delhi Domestic Working Women’s Forum v. Union of India, Supreme Court
issued guidelines for rehabilitation andcompensation for the rape on working women.

In Vishaka v. State of Rajasthan, Supreme court has laid down exhaustive guidelines for preventing
sexualharassment of working women in place of their work.

It would be appropriate to conclude by quoting Cunningham, “Indian PIL might rather be a Phoenix:
a whole new creative arising out of the ashes of the oldorder.”

PIL represents the first attempt by a developing common law country to break away from legal
imperialism perpetuated for centuries. It contests theassumption that the most western the law, the
better it must work for economic and social development such law produced in developing states,
includingIndia, was the development of under developed men.

The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal
legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted
the formal legal system itself through PIL. The change as we have seen, are both substantial and
structural. It hasradically altered the traditional judicial role so as to enable the court to bring justice
within the reach of the common man.

Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling
the kind of litigation are likely to come on the front. Butthese deficiencies can be removed by
innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability
of the state for constitutional and legal violations adversely affecting the interests of the weaker
elements in the community. We may end with the hope once expressed byJustice Krishna Iyer, “The
judicial activism gets its highest bonus when its orders wipe some tears from some eyes”.

The author can be reached at: vishal_bhat@legalserviceindia.com /Print This Article

The author can be reached at: vishal_bhat@legalserviceindia.com /Print This Article

All About PIL

* Its origin and meaning* What is PIL?* Concept, Meaning & Definition* Procedure for Filing PIL*
Against whom PIL can be filed* Mechanism for protection of Human Rights through PILPublic
Interest Litigation: This Article deals with the law and various case laws on Public Interest Litigation
in India and the mechanism for protection of humanrights through PILPIL In Developing Countries: In
a developing country, the legal process tends to intimidate the litigant, who feels alienated from the
system. A poor person, who enters the legalProblems facing Public Interest Litigation in India: At the
time of independence , court procedure was drawn from the Anglo-Saxon system of
jurisprudenceDevelopment of public Interest Litigation  (PIL)The development of Public Interest
Litigation (PIL) in the country has very recentlyRole of PIL in Environmental Protection In India: The
Indian judiciary adopted the technique of public interest litigation for the cause of environmental
protectionin many cases