Legal Explainer: Public Interest Litigation (PIL) in India

 Legal Explainer: Public Interest Litigation (PIL) in India

Public Interest Litigation (PIL) is a powerful legal tool in India that allows individuals, organizations, or courts to file cases in the public interest, even if they are not directly affected by the issue. This mechanism helps address social injustices, human rights violations, and governance failures.

Key Features of PIL:

1. Liberal Locus Standi – Any public-spirited individual or organization can file a PIL, even if they are not personally affected.
2. Judicial Activism – Courts actively intervene in matters affecting public welfare, bridging gaps where executive or legislative action is inadequate.
3. Flexible Procedure – Even a letter or newspaper report highlighting a public issue can be treated as a PIL by the court.

Landmark PIL Cases in India:

• Hussainara Khatoon v. State of Bihar (1979) – Led to the release of thousands of undertrial prisoners who were held in jail for excessive periods without trial.
• M.C. Mehta v. Union of India (1986) – Strengthened environmental laws and led to stricter pollution control measures.
• Vishaka v. State of Rajasthan (1997) – Established guidelines to prevent sexual harassment at workplaces, later codified into law.

Impact of PILs:

• Ensures government accountability and promotes justice.
• Protects human rights and addresses societal issues like pollution, corruption, and discrimination.
• Empowers the judiciary to act as a guardian of fundamental rights.

While PILs have been instrumental in social change, courts have also cautioned against their misuse for personal or political gains. The doctrine of bona fide intent is crucial to maintaining the integrity of PILs.