In India, we are lacking in literacy which let’s legal literacy too. The people of vulnerable groups who can’t have money to approach the courts. So by using these PILS the common people can get justice. Precisely it was designed for the poor who can’t approach courts.

This is where the urge to have public interest litigation into the picture. 

In recent times the importance of Public interest litigation is becoming a very vital tool to protect our interests. PILS means a legal action initiated by courts for the protection of the general interest of the common people.

The term litigation means “legal action” stands for the legal action that should be taken by the public person.

“Injustice anywhere is a threat to justice everywhere” 

Martin Luther King. It has borrowed from America to provide legal representation of citizens.

PILS is undertaken to secure public interest and lays Hung availability of justice to common people. This means people who are not directly involved in the case may bring matters of public interest to the court.

PILS has played and where important role in Indian Indian polity because they have been responsible for very famous landmark judgements in India such as banning of triple talaq, opening the gates of Sabarimala, and pollution at the Taj Mahal, legalized homosexual relations. So on and so forth..

Public interest litigation

Background check on PILS

It traces its roots in 1979 The first PIL was filed Hussainara khatoon v/s State of Bihar which caught on the miserable conditions of prisoners.

It started in 1979 with a lawyer called Pushpa Kapila Hingorani who filed a Habeas corpus petition on behalf of undertrial prisoners in Bihar in the Supreme Court. The case came before a bench which was headed by Justice PN Bhagwati and it resulted in the release of 40,000 under-trial prisoners all over the country.

Henceforth Kapila Hingorani came to be known as “the mother of public interest litigation India”.

PILS is an extension of writs jurisdiction, therefore, can be filed under article 32 before the Supreme Court and under 226 article  in Supreme Court and the magistrate under section 133 of the code of criminal procedure.

This concept enlarges the lens of locusstandi I.e the right to bring an action or appeal in front of a court.

The litigation can be filed on any matter regarding viz terrorism, bonded labor, acid attack, violation of human rights, rape, kidnapping, murder, harassment of women, and many more which concerns about the public interest. 

 Misuse of PILS 

During the era of 1981-1988, The expressions such as public interest litigation came to know as "private interest litigation" and "personal interest litigation". Because Some are using it as a tool in the name of public interest and making it as personal interest.

Even some PILS are filing frivolous petitions will result in the wastage of precious time of courts, which are absurd with hidden conspiracy benefits.

sometimes political groups find it as a tool to make laws which they can’t make laws by the administrative process.

Final thought

Even, for every action, there will be positive and negative approaches to it. So, meticulously opting for lucrative steps are the signs of a healthy and bonafide democracy. 

In the contemporary scenario, what do you feel about the Public interest litigation? Let me know in the comments.