\n\tIn\n\tthe Court of Magistrate, under Section 133 of the Criminal Procedure\n\tCode.\n<\/li><\/ol>\n\n\n\nHowever,\nit is significant to note that the court must be satisfied that the\nsaid petition fulfills the basic needs for PIL (Public Interest\nLitigation), as the letter is addressed by the aggrieved person, a\nsocial action group, and public-spirited individual for the\nenforcement of Constitutional or legal rights to any person who is\nnot able to contact the court for redress.<\/p>\n\n\n\n
Further,\na Public Interest Litigation can be filed against any Municipal\nAuthorities, State or the Central Government. However, the same is\nnot qualified to be filed against any private party.<\/strong> <\/p>\n\n\n\nFurthermore,\nthe definition of the term \u201cState\u201d is the same as provided under\nArticle 12 of the Indian Constitution and this comprises of the\nGovernmental and Parliament of India, and also the Government and\nLegislature of every State. Moreover, all the local or other\nauthorities within the Indian territory or under the control of the\nGovernment are included in this definition.<\/p>\n\n\n\n
<\/span>Procedure\nto File a PIL<\/strong><\/span><\/h2>\n\n\n\nThe\nonly step involved in the procedure of filing a public interest\nlitigation (PIL) is the filing of a general writ either in the High\nCourt or Supreme Court. However, if in case in between the\nproceedings if the concerned judge feels he might appoint a\ncommissioner, in order to inspect allegations and accusations such as\nthe trees being cut, pollution being caused, sewer problems, etc.\nFurther, after\nfiling of the replies by the concerned opposite party and also\nrejoinder by the petitioner, the final hearing takes place, and\nthereafter the judge announces his final decision.<\/p>\n\n\n\n
<\/span>In\nHigh Court<\/span><\/h3>\n\n\n\nIf\na PIL is filed in a High court, then the petitioner is required to\nsubmit two copies of the said petition. Further, an advance copy of\nthe concerned petition is also required to be served on to each\nrespondent, i.e., the opposite party. Lastly, the said proof of\nservice is required to be affixed on the petition.<\/p>\n\n\n\n
<\/span>In\nSupreme Court<\/span><\/h3>\n\n\n\n\nIf\nin case a PIL is filed in the Hon\u2019ble Supreme court, then 5, i.e.,\n(4) +(1) sets of petitions are required to be filed. Out of 5 copies,\none set is to be served to the opposite party, and then only the\nnotice is issued.<\/p>\n\n\n\n
<\/span>Court\nFees<\/span><\/h3>\n\n\n\n\nA\nCourt fee of Rs 50, per respondent, is required to be affixed on the\npetition, i.e., for each number of opposite parties, court fees of Rs\n50 is paid.<\/p>\n\n\n\n
<\/span>Can\na Writ Petition be also treated as a PIL?<\/strong><\/span><\/h2>\n\n\n\n\nYes,\na writ petition filed by an aggrieved person, whether on behalf of a\ngroup or along with a group can be considered as a PIL. However,<\/p>\n\n\n\n
- \n\tThe\n\tsaid writ petition must involve a question in law, which affects the\n\tpublic at large or a group of people, but not a single individual.\n\t<\/li>
- \n\tOnly\n\tthe affected or the aggrieved person is qualified to file a writ\n\tpetition.\n<\/li><\/ol>\n\n\n\n
\nFurther,\nthere must be a specific prayer, asking the concerned court to direct\nor order the state Authorities to take note of the said complaint or\nallegation.<\/p>\n\n\n\n
<\/span>Landmark Judgments on <\/strong>Public Interest Litigation (PIL)<\/span><\/h2>\n\n\n\nThe\nfollowing listed are some of the landmark judgments on the concept of\nPIL \u2013 \n<\/p>\n\n\n\n
- \n\tHussainara\n\tKhatoon v. Home Secretary, State of Bihar<\/strong> – This case was\n\tdeclared to be a landmark judgment in India in the 1980s. This case\n\tdeals with the plight of the undertrial accused. This particular\n\tcase helped in creating a precedent over the concept of a speedy\n\ttrial and equitable justice for the undertrial prisoners. This case\n\twas filed by a multiple number of prisoners and talked about the\n\tundertrial prisoners remaining in\n\tprison for a period, which is more than what they will get in actual\n\tif they have got convicted also.\n\t<\/li>
- \n\tVishaka\n\tv. The State of Rajasthan – <\/strong>This case was introduced by\n\tan advocate by way of filing a PIL. In this case, there is a\n\tsad story of a Bhanwari who was a rape victim, which happened to her\n\tafter she fought against her child marriage. Further, her whole\n\tfamily was shunned from the village. This case was basically the\n\tignition or the initiating point for the tremendous enactment of\n\tHarassment laws in the workplace. Lastly, this judgment is a\n\tlandmark case as it declared the rigid guidelines regarding a\n\thealthy workplace environment for women.\n\t<\/li>
- \n\tJaved\n\tv. the State of Haryana – <\/strong>In this case, a PIL was filed by an\n\taggrieved party who were not able to contest in the election due to\n\ta statute, which made that any person who has more than two children\n\tis not eligible to contest election in certain posts of the\n\tpanchayat. Further, this so-called only two children norm was passed\n\tto give due attention to the scheme of family planning. \n\t\n\t<\/li>
- \n\tM.C.\n\tMehta v. Union of India – <\/strong>This\n\tcase was bought against those who were polluting the river Ganga.\n\tThe case was filed by the noteworthy environmental attorney Mr. M.C\n\tMehta. In this case, he fought against numerous cities and\n\tindustries which mixed the Ganges water with effluents and toxic\n\twaste. Hence, this case is recognized to be one of the most\n\timportant judgments in the history of PILs.\n\t<\/li>
- \n\tParmanand\n\tKatara v. Union of India – <\/strong>This case makes its place to the list\n\tof landmark cases due to the reason that a number of lives were\n\tsaved after this concerned PIL was made. The case basically deals\n\twith the hospitals, which were unenthusiastic and reluctant to\n\tattend legal and accident cases.This case ensured that the\n\tultimate aim of the hospital must be to save a life and not escaping\n\tfrom the troubles. The court, in this case, gave complete freedom on\n\tthe hospitals to attend an emergency case that arises to them, that\n\ttoo, without worrying about the legal troubles.\n\t<\/li>
- \n\tSP\n\tGupta v. Union of India – <\/strong>In this case, it was observed that an\n\tadvocate too has a locus standi to file a writ for the Public\n\tInterest Litigation. This case has opened up a plethora of PIL\n\tpetitions filed by the advocates.\n<\/li><\/ol>\n\n\n\n
<\/span>Conclusion<\/strong><\/span><\/h2>\n\n\n\nPublic\nInterest Litigation has given astonishing and surprising results,\nwhich were improbable three decades ago. Now, the tortures on the\nundertrials prisoners, degraded bonded labourers, exploited children,\nhumiliated inmates of the protective women\u2019s home, beggars, blinded\nprisoners, and many others have been provided relief by way of\njudicial intervention.<\/p>\n\n\n\n
Further,\nit is significant to note that the greatest contribution of the PIL\nhas been to augment the accountability of the government in the\ndirection of the human rights of the poor.<\/p>\n\n\n\n
The\nconcept of PIL has also developed a new jurisprudence of the state\u2019s\naccountability for the constitutional and legal violations or\ninfringements adversely affecting the interests of the weaker and\nmarginalized elements in the community.<\/p>\n\n\n\n
However,\nthe Judiciary must be cautious enough during the application of PILs\nin order to avoid Judicial Overreach that is violative of the\nprinciple of Separation of Power. Apart from this, the frivolous and\nvexatious PILs with vested interests should be discouraged by the\ncourts in order to keep its workload manageable.<\/p>\n","protected":false},"excerpt":{"rendered":"
A Public Interest Litigation (PIL) is not defined in any act or statute. It is a petition that anybody can file in a court in opposition to any person or entity for their actions that violate or disrupt the interest of the public at large. Hence, PIL is like an instrument that can be used […]<\/p>\n","protected":false},"author":12,"featured_media":1724,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1723","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal"],"acf":[],"yoast_head":"\n
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