schools' regulation to prevent commercialization of education.
Animal Welfare Board of India v. A. Nagaraja & Others (2014): Centered on animal rights, particularly banning the use of bulls in events like Jallikattu and bullock cart races, ensuring prevention of cruelty towards animals.
M.C. Mehta v. Kamal Nath (1997): Addressed vehicular pollution in Delhi, leading to measures like the introduction of CNG (Compressed Natural Gas) buses to mitigate pollution levels.
People's Union for Civil Liberties v. Union of India (1997): Concerned with prison reforms and ensuring human rights of prisoners, leading to guidelines on custodial violence, prison conditions, and legal aid for prisoners.
These cases represent a diverse range of issues addressed through PIL in India, showcasing its significance in promoting social justice and protecting fundamental rights.
Evolution and Challenges:-
Initially, PIL was seen as a tool for social justice; however, there have been concerns about misuse for personal vendettas or political gains.
Over time, courts have refined the rules governing PIL to maintain its integrity and prevent abuse.
Present Scenario:-
PIL continues to play a crucial role in addressing various socio-economic issues such as environmental protection, human rights violations, and governmental accountability.
Courts have adopted a proactive approach in safeguarding public interest while ensuring fair procedures.
Recent Developments:-
Technological advancements have facilitated e-filing of PIL petitions, enhancing accessibility and efficiency.
Emphasis on mediation and alternative dispute resolution mechanisms to resolve PIL matters expeditiously.
Criticism and Controversies:-
Some critics argue that excessive judicial activism through PILs may encroach upon the domain of the executive and legislature, undermining the principle of separation of powers.
Concerns raised regarding the judiciary's role in policymaking and implementation, potentially overburdening the courts.
Conclusion:-
PIL in India has been instrumental in promoting social justice, protecting fundamental rights, and holding authorities accountable.
While facing challenges and criticisms, PIL remains a potent instrument for advancing the public interest and upholding the rule of law in India.
Sanctions and types of Sanctions in Ibnternational law along with its scope a...
Concept of Public Interest Litigation in India.
1. Concept of pil in
india
Presented by : Puja Dwivedi
Contact: legalpuja22@gmail.com
2. Introduction to PIL in India
PIL (Public Interest Litigation) is a legal action
initiated in a court of law for the enforcement of
public interest or general interest in cases where
the state or the public has an interest.
Originated in the 1970s, PIL has become an
integral part of India’s legal system, enabling
access to justice for the marginalized and
oppressed.
3. Historical
Background
PIL emerged as a response to injustices and disparities
in society, gaining momentum during the Indian
Emergency (1975-1977).
Justice P.N. Bhagwati and Justice V.R. Krishna Iyer
were pioneers in recognizing PIL as a potent tool for
social justice.
4. Key Features of PIL
Enables any individual or organization to approach the
court on behalf of the public interest.
Relaxation of traditional rules of locus standi (standing)
to allow anyone acting bonafide in the public interest to
petition the court.
Courts can take suo moto cognizance of matters of
public importance.
5. Relevant Sections and
Articles
Article 32 of the Indian Constitution guarantees the
right to constitutional remedies, empowering
individuals to move the Supreme Court for
enforcement of fundamental rights.
Article 226 empowers High Courts to issue writs for
enforcement of fundamental rights and for any other
purpose.
No specific legislation governs PIL; however,
principles are derived from Articles 32 and 226.
6. Landmark Cases
S.P. Gupta v. Union of India (1981): Known as the Judges
Transfer Case, set the foundation for PIL jurisdiction, expanding
access to justice.
Vishaka v. State of Rajasthan (1997): Recognized sexual
harassment at workplaces as a violation of fundamental rights.
M.C. Mehta v. Union of India (1986): Resulted in the closure of
hazardous industries in Delhi to control pollution.
Bandhua Mukti Morcha v. Union of India (1984): Addressed
bonded labor issues, leading to the release of thousands of bonded
laborers and establishment of rehabilitation schemes.
Common Cause v. Union of India (2017): Highlighted the need
for transparency and accountability in the allocation of natural
resources, particularly in the coal block allocations.
7. Sheela Barse v. State of Maharashtra (1983): Focused on the rights of female
prisoners, ensuring better conditionsand protection against abuse in jails.
Aruna Ramachandra Shanbaug v. Union of India (2011): Advocated for the
right to die with dignity, leading to guidelines on passive euthanasia and living
wills.
Olga Tellis v. Bombay Municipal Corporation (1985): Addressed the issue of
slum dwellers’ right to livelihood and shelter, laying down guidelines for
eviction and rehabilitation.
Subhash Kumar v. State of Bihar (1991): Dealt with environmental protection,
leading to the closure of limestone quarries in the Mussoorie hills to preserve
the ecology.
Ashok Kumar Pandey v. State of West Bengal (2004): Concerned with
educational reforms and the right to education, particularly focusing on
unaided private schools’regulation to prevent commercialization of education.
Animal Welfare Board of India v. A. Nagaraja & Others (2014): Centered on
animal rights, particularly banning the use of bulls in events like Jallikattu and
bullockcart races, ensuring prevention of crueltytowards animals.
8. M.C. Mehta v. Kamal Nath (1997): Addressed vehicular pollution
in Delhi, leading to measures like the introduction of CNG
(Compressed Natural Gas) buses to mitigate pollution levels.
People’s Union for Civil Liberties v. Union of India (1997):
Concerned with prison reforms and ensuring human rights of
prisoners, leading to guidelines on custodial violence, prison
conditions, and legal aid for prisoners.
These cases represent a diverse range of issues addressed through
PIL in India, showcasing its significance in promoting social
justice and protecting fundamental rights.
9. Evolution and
Challenges
Initially, PIL was seen as a tool for social justice;
however, there have been concerns about misuse for
personal vendettas or political gains.
Over time, courts have refined the rules governing PIL
to maintain its integrity and prevent abuse.
10. Present Scenario
PIL continues to play a crucial role in addressing
various socio-economic issues such as environmental
protection, human rights violations, and governmental
accountability.
Courts have adopted a proactive approach in
safeguarding public interest while ensuring fair
procedures.
11. Recent Developments
Technological advancements have facilitated e-
filing of PIL petitions, enhancing accessibility
and efficiency.
Emphasis on mediation and alternative dispute
resolution mechanisms to resolve PIL matters
expeditiously.
12. Criticism and
Controversies
Some critics argue that excessive judicial activism
through PILs may encroach upon the domain of the
executive and legislature, undermining the principle
of separation of powers.
Concerns raised regarding the judiciary’s role in
policymaking and implementation, potentially
overburdening the courts.
13. Conclusion
PIL in India has been instrumental in promoting
social justice, protecting fundamental rights, and
holding authorities accountable.
While facing challenges and criticisms, PIL
remains a potent instrument for advancing the
public interest and upholding the rule of law in
India.