The indian judiciary adopted the technique of public interest litigation for the cause of environmental protection in many cases. Salc litigation manual series freedom of expression. Though the implications of public interest litigation pil has been extensively examined in the context of the indian constitutional and legal system, in my view this 1980s phenomenon has. Firstly, a recent case heard in the high court of kenya. The most striking illustration is furnished by the unreported. State of maharashtra 2005 1 scc 590the supreme court of india stated that public interest litigation has now come to occupy an important field in the administration of law and stated that pil should not become publicity or private interest litigation. Public interest litigation, in indian law, means litigation for the protection of public interest. Case studies of south african public interest litigation 25. However, there have been two recent significant developments for pil in kenya. Public interest litigation is a litigation which can be filed in any court of law by any public spirited person for the protection of public interest pils have achieved a place of great importance in our legal system.
There are many cases involved in public interest litigation as one of the main causes for the case and its judgement. Public interest litigation is not defined in any statute or in any act. This is just like a writ petition which is file in high court or supreme court under article 226 for high court and article 32 for supreme court. Jurisprudence in public interest litigation 2004, 83 can. These cases were fated to be landmarks in the history of pil in india and are generally discussed as the archetypical environmental pils, which set the pace of judicial intervention in urban governance and environmental. Bringing test cases, challenging the decisions of public authorities. These organisations utilise a combination of legal advocacy, research, campaigning and civil suits that seek to change law, regulations and more broadly public attitudes, to address issues of discrimination and inequity, as well as structural barriers to the use of public interest litigation.
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 which demands that violations of constitutional or legal rights of large numbers of people who are poor. It is not a body of law or a legal field, matters lawyers work on. The court stressed the necessity of imposing exemplary costs on people. Public interest litigation pil is a legal measure that can be initiated in a court of law in the interest of nebulous entity or case in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. Public interest litigation in comparative perspective. It was an idea that was in the making for some time before its vigorous growth in the early eighties. Public interest litigation jurisprudence has been enormously and exhaustively developed by the indian courts. It is a relaxation on the traditional rule of locus standi. Any public spirited citizen can moveapproach the court for the public cause or public interest or public welfare by filing a petition in the supreme court under art. Pil in india the concept of public interest litigation pil in india rests on the principle that any member of the public can initiate legal proceedings on behalf of an aggrieved person, especially a person who is unable to move to court on his or her own. Public interest litigation in india overreaching or underachieving. A minority a minority decision today could be the majority decision tomorrow. It does not mean that mere a stranger can move to court for a public interest litigation and thats why it is a carving need to define public interest. Public interest litigation pil refers to the practice of precipitating social change through court decisions that reform legal rules, enforce existing laws and articulate public norms.
Pil is a right given to the socially conscious member or a public spirited ngo to espouse a. A study on public interest litigation in full concept. And as a result, there was hardly any link between the rights. Public interest litigation pil is relatively new in kenya and its development has. The main purpose of this school of jurisprudence pil is to protect the people of the nation. Introduction 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. Public interest litigation cases won or lost in the high court or the supreme court of india often make news these days. Pdf public interest litigation and the civil society factor. Lagos state has refused to recognize federal government title documents over such. Litigation means the process of taking legal action in a court of law with the object of enforcing a right or seeking a remedy. Abuse of public interest litigation summary key words unit end questions references 11. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than. Equivalent concepts to the public interest have been discussed since at least the time of aristotle common interest, including by aquinas and rousseau common good and locke public good.
The main part of this paper, which serves the purpose of this paper, is that of the merits and demerits of public interest litigation. Its been a longstanding part of the architecture for 27 years. This paper can be downloaded in pdf format from ielrcs website at. Environmental v social v economic v institutional purpose public interest litigation pil describes legal tools which allow individuals, groups and communities to challenge government decisions and activities in a court of law for the enforcement of the public interest. Pil in india has been a part of the constitutional litigation and not civil litigation. It has been interpreted by judge to consider the intent of public at large. Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. It has been interpreted by judges to consider the intent of public at large. Public interest litigation pil refers to litigation undertaken to secure public interest. Public interest litigation the background the rudiments of public interest litigation can be traced to roman law under which it was open to any person to bring what was called an actio popularis in respect of public delict or to sue for a prohibitory or restitutory interdict for the protection of res sacrae and res publicae.
Public interest litigation pil is relatively new in kenya and its development has been hampered by the restrictive interpretation of standing taken by the kenyan judiciary in a number of cases. Generally the litigation by someone for the interest of the public is the public interest litigation. Public interest litigation in central and eastern europe. Public interest litigation and social change in south africa. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. Public interest litigation pil is a practice or a technique that focuses on the citizens of the country. Procedure to file a public interest litigation pil. In 1976, professor abram chayes of the harvard law school coined the phrase. General public interest cases i agf v ag lagos the case is at the supreme court and challenges the power of lagos state government to control federal lands in lagos state. Public interest litigation new law college 20092014. A public interest litigation pil can be filed in any high court or directly in the supreme court.
Important case laws and quiz on public interest litigation. Salc supports this litigation in a variety of ways, including, as appropriate, providing legal research and drafting, training and mentoring, and monetary support. Australian law reform commission, standing in public interest litigation, a. In general terms it means a legal action initiated in the court of law for the protection of public interest. Moreover, before heading into the intricacies of pil, lets understand what it actually is and how it benefits us. It now dominates the public perception of the supreme court. Public interest litigation is defined as any litigation by a public spirited person for the enforcement of constitutional and legal rights of those who are socially or economically backward and who cannot approach the court of law for relief being at such a disadvantageous position, it is the litigation. The grievance in a public interest action, generally speaking, is about the content and conduct of government action in relation to the constitutional or statutory rights of segments of society 17. The key in public interest litigation is not in writing the case but in raising awareness. Public interest litigation is the power given to the public by courts to protect interest of public at large.
It has as its prime objective the promotion of the public good. A guide to filing a public interest litigation pil. Hence all probono publico cases should only be public interest litigations, however, the public interest litigation may lead to redressal of the grievance of an individual, who is in disadvantaged position, without any access to the court of law and therefore, even if. What issues does public interest litigation focus on. Public interest litigation means a legal action initiated in a court of law for the enforcement. The statute may provide for defining pil, persons entitled to file pil, cases in. In this particular case, it was accepted that they had a legitimate interest. Public interest litigation pil as it has developed in recent years marks a signi. Public interest litigations are those litigations that are conducted as per the common interest of the public in order to solve a grievance.
Public interest law loosely, refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on not for profit terms pro bono publico. In the case of sheela barse vs state of maharashtra, the case dealt with a historical judgement on the issue of custodial violence against women. It is litigation introduced in a court of law, not by the aggrieved. Key challenges to public interest environmental litigation cost no legal aid from 1 july last, one of the pillars of environmental justice is about to be torn down that is, legal aid will no longer be available for public interest environmental cases. Nepal, india, public interest litigation, law, international law, comparative law. A powerful thrust to public interest litigation was given by a sevenjudge bench in the case of s. These cases takes place when the victim is devoid of necessary resources to initiate litigation or his freedom has been subdued or infringed to move to the court. Whether a pil case wins or loses, it certainly makes an impact on the lives of people who are connected to the issue in one way or the other. Further, public interest cases could be filed without investment of heavy court fees as required in private civil litigation. Public interest litigation is the power which has been given to the public by courts through judicial activism. Public interest means to the benefit or advantage of the community as a whole. Public interest litigation atlantic philanthropies.
It covers the meaning of pil, its origin and development and the constitutional frameworks of pil. Earlier, the judiciary, including the supreme court of india entertained litigation only from those parties that were affected directly or indirectly by the subject of the litigation. Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in india. Hence all probono publico cases should only be public interest litigations, however, the public interest litigation may lead to redressal of the grievance of an individual, who is in disadvantaged position, without any access to the court of law and therefore, even if the fundamental right, an individual, who. Firstly, a recent case heard in the high court of kenya1 creates a. The full form of pil is public interest litigation is a legal action seeking for the benefit of the disadvantaged groups of minority or individuals or raising public issues. P ublic interest litigation, in simple words, is litigation for any public interest. It is a method of using law deliberately to effect social change. Given that the 100 odd pil cases filed and argued focused on realizing the fundamental rights for millions of poor, disadvantaged and disabled in india in concrete. In india, the first pil was filed in the year 1976 mumbai kamgar sabha v. It is time now that a statute be enacted titled public interest litigation regulation and control act embodying the norms laid down in several cases.
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