PIL: litigation to bring social reform.

Full form of PIL is Public Interest Litigation. It is also known in various other names as Social Action Litigation (SAL), Social Interest Litigation (SIL) and Class Action Litigation (CAL).

Background: 

The PIL was introduced initially in Unites states in 1960s to ensure justice equality among its citizens as in giving socially backward and culturally/religiously minor groups an equal chance to find justice in courts.

Supreme Court of India has introduced PIL in early 80s. The PIL made its first move in India after Kapila Hingorani had filed petition on behalf of Bihar prisoners, where prisoner’s hearings had been delayed by years and so many of them were serving extra time in there. The petition contained cases of many prisoners who had appealed for fast hearing of their cases. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer are first judges to allow hearing of PIL in Supreme Court.

As the above case suggests Kapila Hingorani did not have any personal interest in filing this case and fundamental rights of a group of people were violated. As featured in this case the PIL is the case filed directly at supreme or high court with some public interest, when and where fundamental rights of mass of people were disturbed. Generally, that mass of people are poor/socially backward/culturally or religiously minors.

Details about PIL has been discussed below by answering few common questions

What is PIL?

PIL(Public Interest Litigation) is a case filed by any individual/NGO/any group with some public interest directly to supreme or high court. This is filed generally during fundamental right/freedom violations, made by any governmental or non-governmental organizations. This can also be filed by keeping environmental safety in mind.

The Supreme Court has defined the PIL as “a legal process initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.”

As there is no direct mention of PIL in any of the legal statute its call of chief justice (or all justices the court) to consider any case as PIL and conduct hearing it as one.

The main agenda of PIL are facilitating justice to poor/socially backward sections and to realize values of fundamental rights. Since after its introduction it has ended so many injustices and brought social reforms accordingly.  Vishaka vs State of Rajasthan case, M. C. Mehta vs Union of India case, case filed against 2G scam and ADHAR privacy are some notable and famous cases filed under PIL.

Who can apply ?

Any person/group with adequate public interest can file petition to supreme or high court directly. The person/group, who is applying the case, strictly should not have any personal interest (or profit in mind). Such simpleton cases are not entertained too. If the case is found so the petitioner might also have to pay penalty.

After considering counts of silly cases filed overtimes and misuse of PIL for publicity and other avidity Supreme Court has made 10 categories of petitions, which are allowed to file. Those are as listed below.

1.  Bonded labor matters.
2.  Neglected children can be represented.
3.  Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labor Laws (except in individual cases)
4.  Petitions from jails complaining of harassment done by jailers, for pre-mature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
5.  Petitions against police force for refusing to register a case, harassment by police and death in police custody.
6.  Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping, etc.
7.  Petitions complaining of harassment or torture of villagers by co-villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes
8.  Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.
9.  Petitions from riot-victims.
10.  Family pension.

The cases falling under the following categories will not be entertained as PIL:

1. Landlord and tenant issues.

2. Service matter and those pertaining to pension and gratuity.

3. Complaints against Central/ State Government departments and Local bodies except above mentioned items (1 to 10).

4. Admission to medical and various other educational institutions.

5. Petitions for early hearing of cases pending in High Courts and subordinate/local Courts.

As all coins will have two sides, PIL too has its own set of merits and demerits. Some of them are listed down below,

Merits:

•        As PIL is mainly acting as tool of empowering under privileged citizens of the country, it is considered as a weapon of social reform.
•          PIL gives chance to raise questions wherever the things are not right.
•       Environmental protection by checking on harmful projects.

Demerits:

The major demerit of PIL is misusing it as a tool of getting fame, publicity, money and attention. Most of the times the PIL are used for blackmailing as the PIL can be filed comparatively at low cost, hence frivolous cases can be filed and misused easily.

Comment down your opinions and queries if you have any.