Citizens of India who are aware of every things happening around and always concern about the enviornment, child welfare, other people health etc. Our courts give them the power of PIL(Public Interest Litigation) through judicial activism.In simple words PIL is to secure the public interest and provide the availability of justice to socially disadvantages parties.PIL can be filed in supreme court and high court. It is filed when large number of population affected from a particular task like pollution,child labour,road safety,terrorism,construction hazards etc.
It is not defined in any act. It has been interpreted by judges to consider the intent of public at large. In PIL, matter should not be private. only those matter are to be considered by court which are public interest. Court will take only that petition when a number of people are interested.The PIL is suited to the principle write in Article 39A of constitution of india.
Origin and History of PIL(Public Interest Litigation):-
The term PIL originated in the US in the mid 1980.Since the 19th century various movement in that country had contributed to public interest law, which was part of the legal aid movements.The first legal aid office was established in new york in 1876. In the 1960 the PIL movements began to recieve financial supports.This encouraged lawyers and public spirited person to fight against danger to enviornmental and public health and exploitation of counslers and weaker section .
In India the first PIL case was filed in the year 1976- MUMBAI KAAMGAR SABHA VS ABDULBHAI FAIZULLABHAI. This case was the seed of PIL in India. In this case first time concept of PIL was come to notice by court. But the landmark case of PIL was in 1986 in M.C. MEHTA VS UNION OF INDIA . This bench is head by P.N. Bhagwati. In this case supreme court of india is defined the term PIL (PUBLIC INTEREST LITIGATION). P.N. Bhagwati is also known as the father of PIL.
There are also some other landmark cases like:-
Who can file PIL (Public Interest Litigation):-
PIL can be filed by any individual, organisation, NGO. but the matter should be public interest not private interest. It is not necessary that a person file the PIL should directly effected in this Public Interest Litigation. he can also file PIL on the behalf of group of people who are effected from this. but before apply you should have to fully knowledge about the facts and matter.
How we can file a PIL (Public Interest Litigation):-
PIL (Public Interest Litigation) can be filed in supreme court or high court. You can argue your case by your own. But if you want to argure your case by own be prepared for put the facts before the court more efficently and clearly. So it is always advicable you should consult with a lawyer.
Once the PIL copy is ready to e filed in the High Court, then submit 2 copies of the petition to the court.
# Along with this, one copy of the petition needs to be served to the respondent in advance. This proof of the serving the petition copy to the respondenthas to be affixed in the petition.
#If the PIL is filed in the Supreme Court, Then Five copies of petition need to be submitted to the court. Respondent is served with the petition copy when the court isuues the notice regarding the same. The fee of file a PIL is just rs. 50. However the total cost can be vary from place to place and cost is also depend on advocate fee.
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MUMBAI KAAMGAR SABHA VS ABDULBHAI FAIZULLABHAI
In this case A locality of nagdevi was situated in bombay. In this locality number of small busines was run. Employer give always bonus to their employees. but after a time employer stop give bonus to their employees. because of this union of mumbai employees filed suit against the Employer for the Custom bonus. but court held that this was a custom bonus and custom bonus is not defined in the bonus act. so employees have no right to get a bonus. In bonus act only profitable bonus defined. but this is a custom bonus. And second most important statement from court is that because this is a matter of many workers so Union can file a suit. Although union is not employee itself. but it represent group of workers. so this case waz the starting point of PIL. because in Pil also one person or some person files a litigation for a big group of person.
In this case, units of sri ram industries was located in delhi. There was a leakage in oleum gas was happened in 1985 which cause an advocate death and hazradeous for the life of many citizen. M.C Mehta file a PIL aginst the Sri Ram Industries and demand for the closure of that unit. This was a a landmark case where court define the PIL. It is the duty of court to protect the fundamental rights of our citizens. According to article 32 and article 226 our constituion gave the rights to every citizen to move to the supreme court for seeking the justice and empowers the supreme court to issue direction order and writs for enforcement of fundamental rights and legal rights. For the protection of people health from this hazradeous envionment court gave guideline to all industries how they can run their units in busy area and if the units is dangerous for health of people they have to shut down that unit. and also shifts many units from one area to another.
HUSSAINARA KHATOON VS STATE OF BIHAR in 1979
In this case petition was filed by Kapila Hingorani. This petition was filed for the condition of prisoners in Bihar jail. Many undertrial prisoner are in the patna jail, ranchi cental jail, muzaffarpur cental jail. This petition was filed with the name of Hussainara Khatoon thats why this case was called Hussainara Khatoon vs state of bihar case. In this case supreme court take considered the article 12 and article 39A of indian constitution and passed order to release prisoners because their detainment is illegal it is the voilation of fundamental rights of a citizen which are provided in article 12 of indian constitution. Result of this 40000 prisoner were released and for the remaining prisoners court give the orders to authorities to provide them free lawyers. Because it the right of a citizen and it is also given in article 39A of Indian constitution.
In this case petition was filed by Kapila Hingorani. This petition was filed for the condition of prisoners in Bihar jail. Many undertrial prisoner are in the patna jail, ranchi cental jail, muzaffarpur cental jail. This petition was filed with the name of Hussainara Khatoon thats why this case was called Hussainara Khatoon vs state of bihar case. In this case supreme court take considered the article 12 and article 39A of indian constitution and passed order to release prisoners because their detainment is illegal it is the voilation of fundamental rights of a citizen which are provided in article 12 of indian constitution. Result of this 40000 prisoner were released and for the remaining prisoners court give the orders to authorities to provide them free lawyers. Because it the right of a citizen and it is also given in article 39A of Indian constitution.
State of haryana govt passed an order people who have more than two child can not hold the public offices in punchayat raj systems. Main objective of this condition to popularize the famly planning system. So a writ was filed in court against this law and speaks about the law that this is violation of the fundamental rights of a person.In this case court found that law is not violate the article 25. Court mainly emphasis on the increasing of population of india dramatically. So it is necessary to control the population. This law is not violate any fundamental right. Because standing in the election is not a fundamental right.
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