STRUCTURE

Introduction – A short introduction to PIL ( 15 words)

Body – list out how it has helped in achieving social justice with the help of decided cases  (120 words)

Conclusion – Mention a short conclusion with way forward(15 words)

ANSWER

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”.

Some of the landmark cases that serve the purpose of PIL:

• Hussainara Khatoon v. State of Bihar
  • Many have regarded this case as the first PIL in India.
  • The Court focussed on the situation of under-trials in Bihar who had been in detention pending trial for periods far in excess of the maximum sentence for their offences.
• Vishaka v. State of Rajasthan
  • PIL was initiated in the Supreme Court to challenge sexual harassment in the workplace.
  • The Vishaka judgment recognized sexual harassment as “a clear violation” of the fundamental rights of equality, non-discrimination, life, and liberty, as well as the right to carry out any occupation.
• C. Mehta v. Union of India
  • The judgement lashed out at civic authorities for allowing untreated sewage from Kanpur’s tanneries to make its way into the Ganges.
  • The court passed three landmark judgments and a number of Orders against polluting industries in the Ganga basin.

The significance of PIL can be summarized as below:

• The most important contribution of PIL, in my view, has been to bring courts closer to the disadvantaged sections of society such as prisoners, destitute, child or bonded laborers, women, and scheduled castes/tribes.
• By espousing the issues affecting the most underprivileged, PIL became a vehicle to bring social revolution through constitutional means, something that the founding fathers had hoped.
• Equally important is the part played by PIL in expanding the jurisprudence of fundamental (human) rights in India. As noted before, DPSPs are not justiciable but the courts imported some of these principles into the FRs thus making various socio-economic rights as important—at least in theory—as civil and political rights.
• the PIL became an instrument to promote the rule of law, demand fairness and transparency, fight corruption in the administration, and enhance the overall accountability of the government agencies.
• The main reason for these public demands and the subsequent judicial intervention was to strengthen constitutionalism in India.
• Through PIL, the judiciary also triggered legislative reforms and filled in legislative gaps in important areas. An example being the Vishakha guidelines.
• The Indian judiciary, using PIL, has helped in amicably solving many controversial policy questions such as the controversy about the reservation of seats for SCs/STs and other backward classes in employment or educations institutions, the government policies of liberalization and privatization, and the contested height of the Narmada dam, etc.
• PIL has helped the judiciary to gain the confidence of the people and establish legitimacy.
• The Indian PIL jurisprudence has also contributed to the trans-judicial influence—especially in South Asia—in that courts in Pakistan, Sri Lanka, Bangladesh, and Nepal have cited Indian PIL cases to develop their own PIL jurisprudence. In Hong Kong too, courts have cited Indian PIL cases, specifically, PILs dealing with environmental issues.