Public Interest Litigation

What is public interest litigation?

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern.  It helps advance the cause of minority or disadvantaged groups or individuals.

Public interest cases may arise from both public and private law matters.  Public law concerns the various rules and regulations that govern the exercise of power by public bodies.  Private law concerns those cases in which a public body is not involved, and can be found in areas such as employment law or family law.  Public interest litigation is most commonly used to challenge the decisions of public authorities by judicial review.  Judicial review is a form of court proceeding in which a judge reviews the lawfulness of a decision or action, or a failure to act, by a public body. Judicial review is concerned with whether the law has been correctly applied, and the right procedures have been followed.  For more information on judicial review and how to bring a judicial review challenge, see our guide here.

The value of public interest litigation

Public interest litigation can:

• Clarify the law.
   
• Hold public bodies to account by ensuring that they make appropriate decisions, act fairly and transparently and within the remit of their powers. 
   
• Help develop the law by giving judges the opportunity to interpret legislation.
   
• Give vulnerable people a voice by highlighting an important issue and providing a platform for advocating for their rights.
   
• Raise awareness of important issues encouraging public debate and media coverage.

Public interest litigation:- Its origin and meaning

In Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism.
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. The court can itself take cognisance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual.

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 is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed. For e.g.
– Violation of basic human rights of the poor
– Content or conduct of government policy
– Compel municipal authorities to perform a public duty.
– Violation of religious rights or other basic fundamental rights

In Black’s law Dictionary (Sixth Edition), Public Interest is defined as follows:
Public Interest. –
Something in which the public, the community at large has something pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interest of the particular localities, which may be affected by the matters in question. Interest shared by the citizens generally in affair of local, State or national government…

Examples of PIL (Public Interest Litigation)

The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that they will abide by the Cable Television Network Act 1995 as well as the court’s orders by tomorrow, in view of larger public interest.

A division bench comprising Justices R M Lodha and S A Bobde were hearing a Public Interest Litigation (PIL) filed by Professor Pratibha Nathani of St Xavier’s College alleging that films without certification by the Censor Board for Film Certification (CBFC) allowing ‘free public exhibition’, were being shown on cable channels, which have a bad impact on children. Hence, such films should not be shown and action be taken against those still running such content on their channels.

The court on 23 August had allowed the cable operators and channels to screen only ‘U’ and ‘U/A’ certified films.

However, before that order, the police had taken action against the Multi-system operators and seized their decoders due to which they could not telecast certain channels. Assistant Commissioner of Police Sanjay Apranti told the court that they did not have a problem if the channels provided the cable operators with new decoders.

Also, Zee Television and Star Television networks applied for the declaration in writing that they would abide by the said Act and court orders.
The court also directed seven channels — Star Movies, Star One, Star Gold, HBO, ZEE Movies, AXN and Sony Max — to furnish a list of all the films that they were to screen to the police.

Public Interest Litigation – What is?
It was vehemently contended that this would not be regarded as public interest litigation and, the petitioners had no locus standi to file the present petitions. We are unable to agree to this submission. Environment, more than any thing else, is and should be a concern for all. It is one thing which is available free for all the inhabitants of an area and it is essential that this environment is maintained for the purposes of ensuring a healthy life. This issue is no longer res integra. The Supreme Court in Subhash Kumar v State of Bihar,*
observed that:
…Right to live is a fundamental right under article 21 of the constitution and it includes the right of enjoyment of pollution – free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has a right to have a recourse to Article 32 of constitution of India for removing the pollution of water or air which may be detrimental to quality of life…

Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man.

Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems.

Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. Even this was greatly limited by the resources available with those individuals. There was very little organized efforts or attempts to take up wider issues that affected classes of consumers or the general public at large. However, all these scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.