The concept of public interest ... is a device which permits us to treat the human interests of all men as a function of human interests within a given political region.

Public Interest Litigation

Introduction:

The concept of public interest ... is a device which permits us to treat the human interests of all men as a function of human interests within a given political region.

Meaning of Public Interest:  

The terms public interest is not easy to define. The word public literally means peoples of a country or locality and the term interest means some legal rights given by the political region. So public interest means an interest of all members of the community or groups of members or any section or class of that community by which there legal right or liabilities are affected.

Definition of Public Interest Litigation: 

There is no confusion as to the general meaning of PIL – that it is litigation for the interest of the public. Public interest litigation is essentially a co-operative effort on the part of the petitioner, the state or public authority and the court to secure legal rights & benefits conferred upon the vulnerable section of the community and to reach social justice to them.

Public interest litigation has been define in the case of Janata Dal v. H.S Chaudhary thus: The expression PIL means a legal action initiated in a Court of law for enforcement of public interest or general interest in which the public or class of community has pecuniary interest or some other interest by which there legal right or liabilities are affected.

Special Feature of PIL:

Naim Ahmed in his book, Public Interest Litigation: Constitutional Issues and Remedies explain that the PIL is not ordinary litigations. He distinguished PIL from ordinary litigation in the following way:

First: PIL is for the benefit of the people as a whole. It aims to enhance social and collective justice where public cause involved as opposed to a private cause. This includes several situations:

1.      Where the matter in question affects the entire public or community e.g. illegal appointment of an unfit person as a government servant.

2.      Where the issue involves a vulnerable segment of the society e.g. eviction of slum-dwellers without any alternative arrangement.

3.      Where the matter affects one or more individuals but the nature of the act is so serious that shocks the conscience of the whole community e.g. rape of a minor girl in police custody.

Second:  In the above situations, any individual or organisation may approach the court or judges may issue suo motu rules because they are themselves a concerned citizen in such a case.

Third: In PIL litigation the court adopts a non-adversarial approach. As a result, the court may treat any letters, newspaper report as writ petitions, appoint commissioners award compensation or supervise and monitor the enforcement of its orders.

When a PIL will be encouraged / when a PIL can be filed:

A PIL can be filed or encouraged only in a case where public interest at large is affected. Merely one person affected by state in action not a ground for a PIL. Following are some of the possible areas where a court would allow litigation in public interest.

1. Where the impugned action affects the basic human rights of the group of person of the community.
2. Where the impugned action violated religious rights or other basic fundamental rights guaranteed by the constitution.
3. Where the person or group of person redresses public injury arising from the breach of public duty.
4. Where poor people are affected because of government arbitrary decision to impose heavy tax.

5. Where a factory or industrial unit is causing air pollution and people nearby are getting affected.

6. Where some construction company is cutting down trees, causing environmental pollution.
7. Where rights of working women are affected by sexual harassment.
8. For keeping a check on corruption and crime involving holders of high political office.
9. For removal of big hoarding and signboard from the busy road to avoid traffic problem.
10. For directing the police, jail authorities to take appropriate decisions in regards to jail reforms.

Boundaries that PIL can not cross/ POINTS TO BE FOLLOWED WHEN FILING PIL:

Naim Ahmed in his book, Public Interest Litigation: Constitutional Issues and Remedies explain that the presence of an issue of public interest does not make itself a good PIL case. A PIL must operate within the limits of certain constraints.

First: The court can not entertain a PIL case unless fulfill the following requirements:

a.       There must be some violation of constitutional or legal rights or non performance of constitutional or legal rights.

b.       The courts are not interested to do anything that the judicial mechanism is not designed to perform.

c.        The courts will step in a PIL case if remedied though judicial process.

d.       The Court will not entertain a PIL case if there is efficacious alternative remedy like writ petition.

Second:  The court must follow the theory of separation of power even in PIL matters are as follows:

a.       The courts can not dictate or forces the executive.

b.       The courts can not force or compelled the legislature to make laws.

c.        The courts can not command the administration but observed or monitoring public body for limited period.

d.       The courts can not order for investigation if the administration is already dealing.

Third:  The court must ensure that the petitioner is approaching must come with clean hand clean heart, and clean objectives.

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