Public-Interest
Litigation is a creation of Judiciary. It is a Litigation
for the protection of the public interest.
In the words of some learned people we can say that public interest litigation
in a litigation which can be file in any court of law by any public spirited
person for the protection of “public interest.” Now a question comes in the
mind that “what is public interest?” So answer is ‘any act for the benefit of
public is public interest.’ And those act are such as pollution, terrorism,
road-safety, constructional hazards etc. in all these activities we can clearly
see the public interest.
The
Indian PIL is the improved version of PIL of U.S.A. Public Interest Litigation is not defined in
any Statute or in any Act. It has been only interpreted by judges to consider the
intent of public at large. A Public Interest Litigation can be filed only in a
case where "Public Interest" at large is affected. Merely because,
only one person is affected is not a ground for Public Interest Litigation.
Public
Interest Litigation was started to protect the fundamental rights of people who
are poor, ignorant or in socially/economically disadvantaged position. It is
different from ordinary litigation, in that it is not filed by one private
person against another for the enforcement of a personal right. The presence of
'public interest' is important to file a PIL.
DEFINITION OF
PUBLIC INTEREST LITIGATION:
Public
Interest Litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large. "Public interest Litigation",
in simple words, means, litigation filed in a court of law, for the protection
of "Public Interest", such as pollution, Terrorism, Road safety,
constructional hazards etc.
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 general interest in which the public or class of the community have
pecuniary interest or some interest by which their legal rights or liabilities
are affected."
Advanced Law Lexicon has defined `Public Interest
Litigation' as the same way as defined by the Black's Law Dictionary.
Public Interest Litigation,
in Indian law, means litigation for the protection of public interest. It is
litigation introduced in a court of law, not by the aggrieved party but by the
court itself or by any other private party. It is not necessary, for the
exercise of the court's jurisdiction, that the person who is the victim of the
violation of his or her right should personally approach the court. Public
Interest Litigation is the power given to the public by courts through judicial
activism.
The Supreme
Court in People's Union for Democratic Rights & Others v. Union of India
& Others[1] defined ‘Public Interest Litigation’
and observed that the “Public Interest Litigation is a cooperative or
collaborative effort by the petitioner, the State of public authority and the
judiciary to secure observance of constitutional or basic human rights,
benefits and privileges upon poor, downtrodden and vulnerable sections of the
society”.
ORIGIN OF PUBLIC
INTEREST LITIGATION:
Historically, the development of Public Interest Litigation is often
attributed to the case of Brown v. Board of Education[2], in which the US Supreme Court found
that a state’s segregation of public school students by race was
unconstitutional. The Indian judiciary has been
particularly creative in entertaining PILs and developing them into a legal tool for the poor and the public
at large.[3]
In 1976, the Harward Law student
coined the term “Public Interest
Litigation”. He defined PIL as ‘it will
precipitate social change through court ordered decree’ & it serves as
a source of liberation as well as transformation for marginalized group. Prof. Upendra Baxi coined the term
‘Social Interest Litigation’ instead of ‘Public Interest Litigation’
Prior to the 1980s, only an
aggrieved party had standing (locus standi) to file a case. As a result,
justice could rarely be delivered to the vast majority of citizens. These days,
even the court itself can initiate legal action ‘on its own motion’ (suo motu)
following the receipt of letters or public interest issues being raised in the
media. PILs have also allowed the judiciary to elaborate on certain principles
of international environmental law, such as sustainable development, the
polluter pays principle and the precautionary principle.
In J. M. Desai v. Roshan Kumar &
Others[4],
there is no way talk about the PIL. But in this case Justice Krishna Iyer said,
“Strict adherence to adversarial procedure sometimes leads to injustice
particularly where the parties are not well balanced socially and
economically.” In this case the concept of locas standi was little diluted.
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[5],
the PIL was filed by an advocate on the basis of the news item published in the
Indian Express, highlighting the plight of thousands of under trial prisoners
languishing in various jails in Bihar. Right to speedy justice emerged as a
basic fundamental right which had been denied to these prisoners.
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[6].
In this case it was held that “any member of the public or social action group
acting bonafide” can invoke the Writ Jurisdiction of the High Courts or the
Supreme Court seeking redressal against violation of a legal or constitutional
right of persons who due to social or economic or any other disability cannot
approach the Court. By this judgment PIL became a potent weapon for the
enforcement of “public duties” where executed in action or misdeed resulted in
public injury.
CONCEPT
OF PUBLIC INTEREST LITIGATION:
According to the jurisprudence of
Article 32 of the Constitution of India, “The right to move the Supreme Court
by appropriate proceedings for the enforcement of the rights conferred by this
part is guaranteed”. Ordinarily, only the aggrieved party has the right to seek
redress under Article 32.
For the existence of Public Interest Litigation, four
conditions are necessary:
a)
some action, inaction or state of
affairs;
b)
which causes the deprivation of a right
of a large number of people; or causes a large number of people to suffer a
similar wrong;
c)
the right is sought to be enforced or
the wrong redressed, through a petition to the appropriate courts;
d)
by a public-spirited person or an
association of persona acting on behalf of those injured.
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 a person 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 any constitutional 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 determinate class of persons by reasons of poverty, helplessness
or disability or socially or economically disadvantaged position unable to
approach the court for relief, any member 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 injury caused to such person or determinate class of
persons.”
A
Public Interest Litigation can be filed before the Supreme Court under Article
32 of the Constitution or before the High Court of a State under Article 226 of
the Constitution under their respective Writ Jurisdictions.
AREAS
WHERE PUBLIC INTEREST LITIGATION CAN BE FILED:
These
are some of the possible areas where a Public Interest Litigation can be filed:
Ø Where
a factory / industrial unit is causing pollution, and people nearly are getting
affected:
In the case of M.C Mehta V. Union of India[7],
a Public Interest Litigation filed by M.C.Mehta against Ganga water pollution
so as to prevent any further pollution of Ganga water. Supreme Court held that
petitioner although not a riparian owner but he is entitled to move the court
for the enforcement of statutory provisions, as he is the person interested in
protecting the lives of the people who make use of Ganga water.
In
Shri Ram Food and Fertilizer Case[8],
the Supreme Court directed the company, manufacturing hazardous and lethal
chemicals and gases posing danger to health and life of workmen and people
living in its neighborhood, to take all necessary safety measures before
reopening the plant.
Ø For
directing the police / Jail authorities to take appropriate decisions in
regards to jail reforms, such as segregation of convicts, delay in trial,
production of under trial before the court on remand dates:
In Sunil Batra vs. Delhi
Administration[9],
a prisoner wrote a letter to Sunil Batra. This letter was treated as a PIL by
the court against the inhuman conditions & atrocities committed in the
jail. In this Justice V.R. Krishna Iyer said, “Convicts are not by mere reason of the conviction denuded of all the
fundamental rights which they otherwise possess.”
In D. K. Basu v. Union of India[10]
a PIL was filed for the protection of rights of under trial prisoners. It was
held by the Court that the right to life cannot be denied to convicts, under
trials, detenus and other prisoners in custody except according to procedure
established by law.
Ø For
abolishing child labor, and bonded labor:
In Bandhua
Mukti Morcha v. Union of India[11],
This writ petition under Article 32 of the Constitution has been filed by way
of public interest litigation seeking issue of a writ of mandamus directing the
Government to take steps to stop employment of children in Carpet Industry in
the State of Utter Pradesh. Supreme Court ordered for the release of bonded
laborers.
In
Laborers
Working on Salal Hydro Project v. State of Jammu & Kashmir & Other[12]
on the basis of a news item in the Indian Express regarding condition
of the construction workers, Court took notice and observed that the construction
work is a hazardous employment and no child below the age of 14 years can
therefore be allowed to be employed in construction work.
Ø Where
rights of working women are affected by sexual harassment:
In
a landmark judgment of Delhi Domestic
Working Women’s Forum v. Union of India
& Others[13],
the Public Interest Litigation invokes the benign provision of Article 32 of
the Constitution of India, at the instance of the petitioner Delhi Domestic
Working Women’s Forum to espouse the pathetic plight of four domestic servants
who were subject to indecent sexual assault by seven army personnel. Supreme
Court issued guidelines for rehabilitation and compensation for the rape on
working women.
In
Vishaka v. State of Rajasthan[14],
Supreme Court has laid down exhaustive guidelines for preventing sexual
harassment of working women in place of their work.
Ø For
keeping a check on corruption and crime involving holders of high political
officer:
In Vineet Narayan v. Union of India[15]
a journalist filed a PIL against the
CBI & Revenue Authorities that these authorities are not working properly
and these have become corrupt and incompetent.
Ø Where, in an area / street there are
no street lights, causing inconvenience to commuters.
Ø Where some "Banquet Hall"
plays a loud music, in night causing noise pollution.
Ø Where some construction company is
cutting down trees, causing environmental pollution.
Ø Where poor people, are affected,
because of state government's arbitrary decision to impose heavy
"tax".
Ø For removal of Big Hoarding and
signboard from the busy road to avoid traffic problem.
Ø For maintaining Roads, Sewer etc in
good conditions or any other area of public interest.
OBJECT OF PUBLIC INTEREST LITIGATION:
The very object of Public Interest
Litigation is to enforce a right and/or to redress a wrong which affects a
large number of people. But who are too poor, illiterate, disadvantaged,
unaware or unorganized to be able to enforce their rights.
For example, if a Government Department
is not paying minimum wages to the laborers employed by it directly, or through
a contractor, a Public Interest Litigation would lie, by any member of the
public to force the Government to pay the statutorily determined minimum wages.
Public Interest Litigation also works
against the denial of those rights or the causation of those wrongs, which are
by their very nature diffuse, so that no individual is affected enough in his
individual capacity, but all individuals are affected collectively. For
example, if the Government proposes to allow the marketing of a drug in India
which has been banned in many countries abroad due to its adverse side effects,
the mechanism of Public Interest Litigation would be an effective way to way to
stop the marketing of this drug.
The underlying object of all Public
Interest Litigation is to ensure that rights (constitutional or statutory) are
not denied to people, and that the State, either of its own volition, or due to
its passivity and inaction, does not become an instrument of subverting the
rights of the people.
Public Interest Litigation's explicit
purpose is to alienate the suffering off all those who have borne the burnt of
insensitive treatment at the hands of fellow human being. Transparency in
public life & fair judicial action are the right answer to check increasing
menace of violation of legal rights. Traditional rule was that the right to
move the Supreme Court is only available to those whose fundamental rights are
infringed.
WHO
CAN FILE A PUBLIC INTEREST LITIGATION:
Earlier
it was only a person whose interest was directly affected along with others,
whereby his fundamental right is affected who used to file such litigation.
Now, the trend has changed, and, any Public-spirited person can file a Public
Interest Litigation on behalf of a group of person, whose rights are affected.
It is not necessary, that person filing a case should have a direct interest in
that Public Interest Litigation.
For
e.g. a person in Bombay, can file a Public Interest Litigation for, some labor
workers being exploited in Madhya Pradesh or as someone filed a Public Interest
Litigation in Supreme Court for taking action against Cracker factory in
Sivakasi Tamilnadu, for employing child labor or the case where a standing
practicing lawyer filed a Public Interest Litigation challenged a government
policy to transfer High Court judges and similarly a lawyer filed a Public
Interest Litigation for release of 80 under trials in a jail, who had spent
more number of years in jail, than the period prescribed as punishment for
offence, for which they were tried.
In
S. P. Gupta v. President of India[16] Supreme Court held that Public Interest
Litigation can be filed by any member of public having sufficient interest for
public injury arising from violation of legal rights so as to get judicial
redress. This is absolutely necessary for maintaining Rule of law and
accelerating the balance between law and justice.
It
is a settled law that when a person approaches the court of equity in exercise
of extraordinary jurisdiction, he should approach the court not only with clean
hands but with clean mind, heart and with clean objectives.
AGAINST
WHOM PUBLIC INTEREST LITIGATION CAN BE FILED:
A Public Interest Litigation can be
filed only against a State/Central Govt., Municipal Authorities, and not any
private party. The definition of State is the same as
given under Article 12 of the Constitution and this includes the Government and
Parliament of India and the Government and the Legislature 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. In Electricity
Board, Rajasthan v. Mohan Lal[17],
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 Public Interest Litigation as "Respondent",
after making concerned state authority, a party.
For
example- If there is a Private factory in Delhi, which is causing pollution,
then people living nearly or any other person can file a Public Interest
Litigation against:
·
Government
of Delhi
·
State
Pollution Control Board, and
·
Also
against the private factory
HOW
PUBLIC INTEREST LITIGATION CAN BE FILED:
A
PIL may be filed like a write petition. However, in the past the SC has treated
even letters addressed to the court as PIL. In People’s Democratic union v. Union of India[18],
a letter addressed by the petitioner organization seeking a direction against
the respondents for ensuring observance of the provisions of famous labor laws
in relation to workmen employed in the construction work of projects connected
with the Asian games was entertained as a PIL.
In
a landmark judgment, in D. K. Basu v. State of West Bengal[19],
the court acted upon a letter petition which drew attention to the repeated
instances of custodial deaths in West Bengal. The court further mandated that a
relative of the arrested must be promptly notified. It made clear that the
failure to comply with this direction would be punishable as contempt of court.
The early PILs had witnessed the award of compensation by the court to victims
of human rights violations.
In
the case of Upendra bakshi v. Union of India[20]
a letter highlighting the pathetic condition of the young offenders was sent to
S.C judge which was taken into consideration as a PIL.
In
the case of Hindustan Times v. Central Pollution Board[21]
a news paper cutting was taken as complaint by the court of law. In other case Kamalnath
v. Union of India[22]
Kamalnath had a lakeside hotel in Mussorie. The proprietors wanted to increase
the area. They encroached the canal and built rooms there, thereby violating
right to clean environment by taking pollution a grievous level. A news item of
the same appeared and it was considered by the court.
GROUNDS
ON WHICH A PIL CAN BE REJECTED:
Ø Infructuous Petition:
In
case of Mohit v. District Magistrate[23]
it was held that when a petition is filed under article 32 for writ of habeas
corpus, but the detenu is released during the pendency of the case, the court
dismissed it for being infrutuous.
Ø Not Impleading The Necessary Parties:
In
case of Krishna Swamy v. Union of India[24]
the writ petition was concerned with the removal of a sitting Supreme Court
Judge from office, but the Hon’ble Judge was not made a party to it. The
petition was dismissed on this ground alone.
Ø Misrepresentation or Suppression of
Facts:
In
case of K Welcome Hotel v. State of Andhra Pradesh[25]
the petitioners have not shown that in their overall turnover they have since
the promulgation of impugned orders suffered losses. And this situation never
fructified because the 1978 Order was kept in suspended animation for a period
of two years and when the latest order dated January 5, 1981 was promulgated,
it was still-born at the hands of the Court because of the ex parte stay order
obtained by the petitioners.
Ø Res Judicata:
It
means that once a case is disposed of by any competent court then there is no
need to go to other court. The principle of res judicata is covered under
Section 11 of the Code of Civil Procedure.
In
Forward
Construction Co. v. Prabhat Mandal[26],
the Supreme Court, while dealing with the question of res judicata in a PIL,
held that the principle would apply to a PIL but it must be proved that the
previous litigation was a PIL and not one relating to a private grievance. It
has to be a bonafide litigation in respect of a right which is common and is
agitated in common with others. The court held that the onus of proving the
want of bonafides in respect of the previous litigation, would be on the party
seeking to avoid the decision
Ø
Delays
on the Part of the Petitioner:
In
Trilochand
Motichand v. HP Munshi[27]
the petition was filed too late and thus rejected.
But
if the reasons given by the petitioner are reasonable in the eye of law then
the Court may accept the petition with the delay also. In Gyan Singh v. High Court of Punjab
and Haryana[28]
the reasons given for delay was convincing and the petition was accepted by the
Court.
Ø Malicious Petition:
If
the petition is malicious in nature it can be rejected by the court. In Kini
v. Union of India[29]
While dismissing the petition and the special leave petition as malicious and
as designed to denigrate the management of the bank, it was found by the Court
during the course of the hearing that the petitioners themselves were indulging
in rash and feckless activities of the very nature of which they were
complaining against the respondents.
MISUSE OF PUBLIC
INTEREST LITIGATION:
Public interest litigation (PIL) was a
revolutionary concept initiated with a laudable object. In the words of the
Supreme Court of India, it was aimed at “fostering and developing the laudable
concept of PIL and extending its long arm of sympathy to the poor, the
ignorant, the oppressed and the needy whose fundamental rights are infringed
and violated and whose grievances go unnoticed, un-represented and unheard”.
This led to the dismantling of the traditional concept of locus standi. The
courts could be approached by persons espousing the case of the
underprivileged, who were by themselves not in a position to access the courts.
In the last few years, there have been
serious concerns about the use and misuse of public interest litigations and
these concerns have been expressed at various levels. The time has come for a
serious re-examination of the misuse of public interest litigation. This misuse
comes in various forms. The first is what Justice Pasayat in the case of Ashok
Kumar Pandey v. State of W.B.[30]
described as “busybodies, meddlesome interlopers, wayfarers or officious
interveners who approach the court with extraneous motivation or for glare of
publicity”.
In the case of S.P. Gupta v. Union of India[31],
on the misuse of PILs by political interests Justice Bhagwati said; “…But
we must be careful to see that the member of the public, who approaches the
court in cases of this kind, is acting bona fide and not for personal gain or
private profit or political motivation or other oblique consideration. The
court must not allow its process to be abused by politicians and others to
delay legitimate administrative action or to gain a political objective. Andre
Rabie has warned that ‘political pressure groups who could not achieve their
aims through the administrative processes and we might add, ‘through the
political process, may try to use the courts to further their aims’. These are
some of the dangers in public interest litigation which the court has to be
careful to avoid.”
This
was reiterated by Justice Pandian in the case of Janata Dal v. H.S. Chowdhary & Others[32],
as under: “It is thus clear that only a person acting bona fide and having
sufficient interest in the proceeding of PIL will alone have a locus standi and
can approach the court to wipe out the tears of the poor and needy, suffering
from violation of their fundamental rights, but not a person for personal gain
or private profit or political motive or any oblique consideration. Similarly,
a vexatious petition under the color of PIL brought before the court for
vindicating any personal grievance, deserves rejection at the threshold.”
In
a series of judgments, Justice Pasayat has reiterated these principles. This
principle was accepted and taken further in Rajiv Ranjan Singh v. Union of
India[33],
in which Justice Lakshmanan held that PILs were not meant to advance political
gain and settle political scores under the guise of PIL.
Despite
the clearest possible statement of law on the point, courts are nevertheless
entertaining public interest litigations which are clearly political interest
litigations.
Because
of the misuse of the PIL for their own interest or filing of the fictitious PIL
in plea of certain monetary compensation either for the authority or for their
own benefits, Supreme Court started active harshly with those people. Supreme
Court gave the guidelines that monetary compensation should be paid by those
who misuse the PIL.
In
BALCO
Employees’ Union v. Union of India & Others[34],
Supreme Court has limited standing in PIL to individuals “acting bonafide” and
has sanctioned the imposition of “exemplary costs” as a deterrent against
frivolous and vexatious Public Interest Litigation.
In
Sanjeev
Bhatnagar v. Union of India & Others[35], the Court went a step further by imposing
a monetary penalty against an advocate for filing frivolous and vexatious
Public Interest Litigation. The Court found that the petition was devoid of
public interest. And the Court dismissed the petition with costs of Rs.
10,000/-.
PUBLIC INTEREST LITIGATION
AND ENVIRONMENTAL PROBLEMS:
The area in which PIL’s contribution has
been significant is environmental law. M.C. Mehta, as a petitioner in person,
was a pioneer in bringing a larger number of issues to the Court concerning
environmental and eco-logical degradation. These included the issues arising
out of the leak of oleum gas from a factory in Delhi, pollution in Delhi in
case of M.C. Mehta v Union of India[36],
the danger of the Taj Mahal from the Mathura refinery in Taj Trapezium Case[37],
regulation of traffic in Delhi in case of M.C. Mehta v Union of India[38]
and the degradation of the Ridge area in Delhi in M.C. Mehta v
Union of India[39].
PIL had also played a great
role in
the protection of the fragile Coastal Regulation
Zone in S. Jagannath
v Union of India[40]
and regulating the growth of shrimp farms dotting the coastline.
In Vellore Citizens' Welfare Forum
vs. Union of India[41]
the Supreme Court allowed standing to a public-spirited social organization for
protecting the health of residents of Vellore. In Vellore, tanneries situated
around a river were found discharging untreated effluents into the river,
jeopardizing the health of the residents. Court pointed out that the leather
industry had no right to destroy the ecology, degrade the environment and pose
a health hazard. The Court asked the tanneries to close their business.
In Ganga
Water Pollution Case[42],
the petitioner sought the direction from the Supreme Court restraining the
respondents from letting out trade effluents into the river Ganga till such
time they put up necessary treatment plants for treating the trade effluents in
order to arrest the pollution of water
in the said river.
CONCLUSION
So by the all discussion this is
conclusion that Public Interest Litigation is a process to put any public
problem in the eyes of law. It
is working for the welfare of every section of society. It’s the sword of every
one 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 a strategy to combat the atrocities prevailing in society. It’s an
institutional initiative towards the welfare of the needy class of the society.
However focus should be on ensuring that reasonable restriction is carried on
with the execution of the representative processes to enhance the Fundamental
& Legal rights of society’s valid interest.
But as it is said that nothing can be
fully good so there are some good feature then some bad are also their as we
have discussed about the misuse of PIL. In the misuse of PIL it can be possible
that any person of society send PIL to tease any other person of the society in
Indian law, means litigation for the protection of public interest. It is
litigation introduced in a court of law, not by the aggrieved party but by the
court itself or by any other private party. It is not necessary, for the exercise
of the court's jurisdiction, that the person who is the victim of the violation
of his or her right should personally approach the court. Public Interest
Litigation is the power given to the public by courts through judicial
activism.
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 old
order.” PIL represents the first attempt by a developing common law country to
break away from legal imperialism perpetuated for centuries.
