How Can PIL Bring Justice?

What is PIL?

Public Interest Litigation (PIL) is a means by which any citizen can approach the courts on matters of public interest. It departs from the normal litigation in that the petitioner need not be directly affected any concerned citizen or organization can file a PIL in the interest of society.

Case Study: Hussainara Khatoon v. State of Bihar (1979) Ensuring Speedy Justice for under trial Prisoners

"Justice delayed is justice denied." William E. Gladstone

Thousands of under trial prisoners were languishing in jails for years without trial. A PIL was filed in which the Supreme Court ruled that the Right to a Speedy Trial is a fundamental right under Article 21 (Right to Life and Personal Liberty). This case has reformed the criminal Justice system ensuring fair and timely trials.

Important Advantages of PIL

✅ Access to Justice: Empowering Marginalized Communities

"The arc of the moral universe is long, but it bends toward justice." Martin Luther King Jr.

A PIL lodged by an NGO can highlight issues such as lack of sanitation in rural areas, and, therefore, the PIL would ensure that the government will be made to respond and work toward bettering these communities.

✅ Accountability: Pressuring Government to Act

"A government for the people must be held accountable to the people." Thomas Jefferson.

The case of Vineet Narain v. Union of India (1997), famously known as the Jain Hawala case, was historically very significant for the investigation and prosecution of corrupt politicians and officials, thereby establishing how PILs can force governments to act against corruption.

✅ Reform of Policy: Influencing Major Legislative and Policy Changes

"Education is the most powerful weapon which you can use to change the world." Nelson Mandela.

The Right to Education Act (2009), which guarantees free and compulsory education for children aged 6 to 14, was significantly influenced by PILs that highlighted inequalities in the education system.

Who can file a PIL?

PILs were intended so that justice is not limited to people who can afford it.

Case Study: Vishaka v. State of Rajasthan (1997) Safety for Women in the Workplace

"Women's rights are human rights." Hillary Clinton

Following the gangrape of a social worker gruesome occurrence in Rajasthan an NGO called Vishaka filed a PIL for stronger workplace harassment legislation. The Supreme Court issued the Vishaka Guidelines, which subsequently led to the POSH Act (Prevention of Sexual Harassment at Workplace Act, 2013). This case proved that any concerned citizen or organization can file a PIL for the betterment of society.

✔ Any Indian citizen

✔ NGOs, activists, or social workers

Any person concerned who does not need to be brought before the court need not be affected by it but it can be filed against anyone:

When and where can you file a PIL?

A PIL can be submitted before a public concern arises such as: Environment degradation, violation of human rights, or neglect on the part of the government.

High Court State or local issues.

Supreme Court National issues under Article 32 of the Constitution.

Case Study: M.C. Mehta v. Union of India For Environmental Protection.

"The Earth does not belong to us; we belong to the Earth."Chief Seattle

M.C. Mehta has filed several PILs that resulted in:

✔ Closure of the polluting industries near the Taj Mahal.

✔ CNG fuel introduction in Delhi to reduce air pollution.

✔ Ban on harmful industries near residential areas.

This case shows that PIL is a powerful tool for environmental protection, proving that any citizen can approach the courts when the government fails to act.

How to file a PIL? There is no complicated legal procedure for public interest litigation. Even a simple letter to the Supreme Court or High Court can be treated as a PIL.

Case Study: Olga Tellis v. Bombay Municipal Corporation (1985): Right to Livelihood a decent standard of living, adequate nutrition, and education are not just ideals but human rights: Kofi Annan.

When thousands of slum dwellers would be evicted from Bombay because the Bombay Municipal Corporation decided so, it was at that point to file for a public interest litigation arguing that such slum dwellers have a right to livelihood under Article 21 (Right to Life). The Supreme Court laid down that livelihood is connected with life and that unauthorized dwellers cannot be evicted without proper rehabilitation.

How to File a PIL:

1 Identify a public issue for which legal intervention is required.

2 Collect all evidence, documents and supporting facts.

3 Draft a petition (through lawyer or nonlawyer).

4 File it with High Court or Supreme Court.

Below are the themes of conclusion: Your voice matters.

"The power of the people is stronger than the people in power."Wael Ghonim.

The entire PIL has changed the dimension of the Indian judicial system jurisprudence by making it possible to obtain justice by all. From the rights of the prisoners to the fight against pollution or workplace harassment, PILs proved that with the help of just one petition, the law can be changed. In case you witness any injustice, do not stop silent because the law empowers you.

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Chlorophyll Begam
Chlorophyll Begam