PIL (Public Interest Litigation)

PIL (Public Interest Litigation)

Public interest litigation means a litigation field in the court of law for the protection of public interest and those matters which is effecting public at large . For example:- Constructional hazards ; pollution etc 

PIL is not defined in any article or section it is expounded by the judiciary . The idea of public interest litigation have been borrowed from American jurisprudence, it was in acted there to help the poor , racial minorities etc ..,

Public interest litigation (PIL) is a legal mechanism that allows citizens to raise issues of public importance in court. It helps protect the rights and interests of the general public. PIL is a powerful tool for citizens to address social issues and advocate for change. It helps ensure accountability and promote justice in society.

Process to file an PIL 

Any citizen of india or company (which is also known as person) can file public interest litigation in the court of law .

      - the court have a right to treat a letter as a    writ petition only when a complaint is fair enough to prove that the change can help thé society 

   - In SC thé petition can be filed under article 32

  - In HC the petition can be filed under article 226 

Rules 

⁃ Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-

⁃ 1. Bonded Labour matters.

⁃ 2. Neglected Children.

⁃ 3. Non-payment of minimum wages to workers and exploitation of casual

⁃ workers and complaints of violation of Labour Laws (except in individual

⁃ cases).

⁃ 4. Petitions from jails complaining of harassment, for (pre-mature release)*

⁃ and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right. Etc

CASE LAW 

Petitioner name- Hussainara Khatoon Ors.v/s Defendant State of Bihar.

March 1979.

   - Court :- Supreme court of India.

  -Members of the Bar :- Justice Krishna Iyer and justice Pathak. 

Author:- SYEDA RUQAIYA JAHAN, a Student of SULTAN UL ULOOM COLLEGE OF LAW HYDERABAD