Author: Priyanka Rajawat

Public Interest Litigation (PIL)

Background

In many parts of society, people face barriers preventing them from accessing justice—poverty, illiteracy, or lack of influence. From workers facing hazardous conditions to rural communities suffering due to industrial pollution, many suffer in silence. Traditional legal proceedings are often expensive and complex, discouraging the underprivileged from seeking justice.

To tackle this inequality, the concept of Public Interest Litigation (PIL) was introduced. PIL enables individuals or groups to raise legal concerns on behalf of others, even if they are not personally affected, bridging the gap between the courts and the common citizen.

Introduction

Public Interest Litigation has transformed how justice is accessed in democratic societies. Unlike regular lawsuits that revolve around personal grievances, a PIL focuses on collective issues affecting a section of the population. It empowers any concerned person or group to represent those who lack the means or voice to defend themselves legally.

For example, if a person sees untreated factory waste contaminating a river that serves nearby villages, they can approach the court through a PIL—even if they aren’t directly harmed.

Definition of PIL

PIL refers to legal action taken for the benefit of the public, especially for those whose rights are ignored or violated. It allows any person—whether a lawyer, activist, or even a common citizen—to seek judicial remedy in cases involving broader social interest.

The unique aspect of a PIL is that the petitioner does not need to be the victim of the issue. The focus is on addressing injustices that impact a group or the environment rather than seeking personal gain.

Historical Background

Public Interest Litigation gained momentum in the United States during the civil rights movement of the 1960s, where it was used as a tool to challenge racial inequality and promote justice.

In India, the concept evolved during the late 1970s and early 1980s under the leadership of visionary judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. Recognizing that many citizens were unable to access courts, these judges simplified procedures, allowing even a letter or a postcard describing a serious problem to be treated as a PIL.

Pioneering Cases

A landmark PIL in India was Hussainara Khatoon v. State of Bihar (1979), which brought attention to the plight of under-trial prisoners languishing in jails for years without a trial. The court’s intervention led to major reforms and the release of thousands of such inmates.

Another influential case was M.C. Mehta v. Union of India, where the court ordered measures to control pollution in the Ganga River, setting new standards for environmental protection and highlighting the court’s role in public welfare.

Contemporary Applications of PIL

Public Interest Litigations have had a significant impact in numerous areas:

1. Human Rights – Courts have intervened through PILs to protect bonded laborers, prevent child labor, and improve the treatment of prisoners and mentally ill individuals.

2. Environment – Several PILs have led to environmental safeguards, including forest preservation, noise and air pollution regulations, and bans on harmful substances.

3. Government Accountability – Through PILs, courts have tackled corruption, demanded investigations into custodial deaths, and promoted transparency in public offices.

4. Healthcare and Education – Courts have directed governments to improve healthcare infrastructure, regulate fees in private schools, and strengthen public education programs through PILs.

Filing a PIL: Step-by-Step

The process for submitting a PIL is designed to be accessible:

Identify the issue – The matter must affect a larger group or society as a whole.

Collect supporting material – Evidence such as news articles, photographs, or reports strengthens the case.

Draft the petition – It may be formally prepared or submitted as a simple letter in serious matters.

Submit to the court – PILs can be filed in High Courts or the Supreme Court of India.

Court review – If the issue is found valid and urgent, the court initiates proceedings.

Significance of PIL

PIL plays a critical role in democratizing access to justice. It ensures that the legal system responds to the privileged, marginalized, and voiceless. Through PILs, courts have addressed key issues of public concern, brought about policy changes, and held authorities accountable.

Moreover, PIL encourages judicial activism, where the courts step in to correct systemic failures and protect constitutional rights. s.t

Concerns and Misuse

Despite its advantages, PIL is sometimes misused. Some people file petitions for personal publicity, political vendettas, or to delay legal processes. These actions waste judicial time and undermine the purpose of the PIL.

Another concern is judicial overreach, where courts enter areas traditionally handled by the legislature or executive. While the intention is to uphold justice, it's important to maintain a balance between branches of government.

Conclusion

Public Interest Litigation remains a powerful instrument for promoting fairness, equity, and justice. It provides ordinary citizens the means to challenge wrongdoing and bring about meaningful change—whether it’s cleaning rivers, fighting corruption, or protecting fundamental rights.

Though there are concerns about its misuse, when used responsibly, PIL serves as a vital check on power and a beacon of hope for those who would otherwise remain unheard.