Public Interest Litigation
It is the type of Litigation filed in a court of Law to protect the public Interest’. It is only filed when the Public Interest is majorly hampered by any medium, then the Public Interest Litigation can be filed for relief or remedy. It is not defined under any act or statute, but it is interpreted by judges to provide justice to people whose interest is compromised at any level. It focuses on Socio-economic Justice.
When a Public Interest Litigation is filed then the Burden of Proof (BoP) falls on the person who files the PIL. Some of the matters that are dealt with under PIL are Labor matters, Non-payment of minimum wages, Atrocities on Women, Exploitation of employees, Environmental pollution, Maintenance of Monument, Neglected Children, Child Labor etc.
Objective of Public Interest Litigation
The major objectives of PIL in India are:
To facilitate justice to the socially and economically weaker section of the society.
To Provide weightage to the Fundamental Rights in the Indian Constitution.
Exoneration of rule of Law.
To provide equal rights to those whose rights are denied.
It ensures Public Interest in Judicial Review of Administrative action.
PIL plays an important role in India’s Polity.
It helps in Judicial Monitoring.
It provides Justice to all access in a democratised manner.
What are the benefits of filing a Public Interest Litigation?
The filing of PIL typically focuses on providing justice to the unjust and ensuring the balance of Economic, social and socio-economic factors in the Country.
It majorly focuses on the part where the unprivileged are not able to obtain any benefit from their Constitutional Rights, and their Fundamental Rights are being seriously hampered without their knowledge.
PIL filing is usually introduced in the court of Law as Suo Moto, in such Suit the right to file the suit is only limited to the member of the Public such as an individual, organization such as an NGO, or any Institution.
It provides a voice to the Common people's grievances on any significant issue, with the Legal procedure. And provide them with a platform to advocate their rights.
The filing of PIL provides people access to redress legally from the Court of Law. It also has very efficient court fees.
Who can file a Public Interest Litigation?
Public Interest Litigation can only be filed by an Indian Citizen or an Organization by filing a petition in the Court of Law.
In the Hon’ble Supreme Court of India, the PIL is to be filed under Article 32 of the Indian Constitution. And, in High Court, the PIL must be filed under Article 226 of the Constitution of India. The person who is filing the case doesn't need to have a direct interest in the case of public Interest Litigation.
The PIL filed must be in the interest of public gain and must not be for any Private profit. It can only be filed against any Government body such as the Central Government, Municipal Government or State Government and all the government bodies which are under the control of these governments. It cannot be filed against any Individual. However, the Private party could be the Respondent in the filing of the PIL, with the concerned state authority.
Hence, It is evident that anyone can initiate a PUBLIC INTEREST LITIGATION on behalf of a group of individuals who are impacted. However, whether or not it should be permitted will rely on all the case's facts.
What is the Importance of Public Interest Litigation (PIL) in India?
Public Interest Litigation is a very powerful tool of Justice in the hands of the citizens of India because it directly provides the weightage to Fundamental Rights of the Citizens. PIL is important in India because:
It is a vital tool for Human rights.
It is important because it provides Justice and assurance to the citizens who cannot have it, such as Marginalized and unprivileged citizens including Laborers, Slum dwellers and prisoners.
It Judicially monitors state institutions like prisons, protective homes asylums etc.
It impacts social changes in a very positive manner.
Ensures critical political changes too.
It guarantees administrative action via Judicial Review.
It challenges the decision of public authorities.
What are the Documents required for filing a Public Interest Litigation?
The documents which are required to file PIL are:
Detail of Petitioner: Name, Address, Contact details and Occupation.
Identity Proof: Official Documents such as Aadhar Card, Voter ID Card, PAN card etc.
Affected party Details: Details of the community or individuals who were physically, or mentally harmed or their properties or any assets were harmed.
Information of the Respondent: Name, Occupation, Address of the authority or parties those who were directly or indirectly, Intentionally or Unintentionally involved in the damage.
Case facts: Detailed explanation of the matter that Violated Public rights.
What is the Procedure for filing Public Interest Litigation in India?
PIL is to be filed by following steps:
Step 1. The petitioner must contact the people or the organization who got affected by the issue, and research thoroughly about the issue.
Step 2. The evidence and all the important documents must be collected by the Petitioner, to use them as the evidence.
Step 3. The Petitioner must file the PIL in the court of Law and fill and attach all the necessary documents about the respondent, the issue, the People who were affected and also the relief that the PIL sought from the Court.
Step 4. Sending of the PIL copy to the Respondent.
Step 5. File the PIL petition in the Hon’ble Supreme Court or High Court, along with the copy of the PIL copy that is to be sent to the respondent(s).
Note: If the petition is filed in the High Court, then the Five copies of the PIL petition must be submitted to the Court.
In case, the petition is filed in the Hon’ble Supreme Court then five copies of the PIL should be submitted to the Court.
Why eStartIndia for Public Interest Litigation?
eStartIndia Legal team has the expertise in filing Corporate & Criminal issues in the Court of Law. We have an experienced Lawyer Team that will legally assist and lead the clients and cases to achieve what they need as the outcome. The process of filing a PIL can take many steps and the documentation must be very proper because if any of the documents are missing or incomplete the Court of Law will not accept the Petition, and reject it immediately. We hold the reputation of serving the clients by maintaining confidentiality and other information (which need to be open) with care.
Also, it is very much advisable to have the assistance of experienced Lawyers to file the PIL. eStartIndia can go through all the processes on behalf of the clients, and the expert opinion will be beneficial. We offer premium legal services across India and in many other countries.
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