This Article is written by Megha Pant & this article is about “Examine the role of Public Interest Litigation in shaping criminal laws”
Introduction
In the context of Indian law, Public Interest Litigation (PIL) refers to legal actions initiated in a court of law not by the affected party but either by the court itself or by another private individual. The court’s jurisdiction can be exercised without the direct involvement of the person whose rights have been violated. Public Interest Litigation is a legal mechanism that empowers the public through judicial activism, allowing for cases to be brought forward when the victim lacks the resources to initiate litigation or when their ability to approach the court is hindered. The court has the authority to take notice of the matter on its own accord (suo motu) or to entertain cases based on petitions submitted by socially conscious individuals.
Public interest litigation:- Its origin and meaning
The term ‘Public Interest Litigation’ (PIL) has been adopted from American legal practices, where its purpose was to offer legal representation to previously underserved groups, including the impoverished, racial minorities, unorganized consumers, and individuals passionate about environmental issues. Public Interest Litigation refers to legal actions filed in a court with the aim of safeguarding the “public interest,” addressing concerns such as pollution, terrorism, road safety, and constructional hazards. Any issue affecting the interests of the general public can be addressed through the filing of a Public Interest Litigation.
Unlike being explicitly defined in statutes or acts, public interest litigation is a concept interpreted by judges based on the broader intent of the public. This legal mechanism empowers the public through judicial activism. However, individuals initiating such petitions must convincingly demonstrate to the court that their petition serves a genuine public interest and is not merely a frivolous legal action by an individual with no substantial cause.
Courts have the authority to take notice of matters on their own (suo motu) or initiate cases based on petitions filed by socially conscious individuals.
Public Interest Litigation (PIL) covers various issues, including but not limited to :
- Cases related to bonded labor.
- Concerns involving neglected children.
- Legal actions addressing the non-payment of minimum wages to workers and the exploitation of casual labor.
- Instances of atrocities against women.
- Matters pertaining to environmental pollution and the disruption of ecological balance.
- Legal actions against food adulteration.
- Initiatives aimed at preserving heritage and culture.
Definition
In Black’s law Dictionary (Sixth Edition), Public Interest is defined as follows:
Public Interest. –
Something in which the public, the community at large has something pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interest of the particular localities, which may be affected by the matters in question. Interest shared by the citizens generally in affair of local, State or national government.
Significance of public interest litigation
Public Interest Litigation (PIL) plays a crucial role in upholding the human rights of individuals who, due to factors like poverty, lack direct access to these rights. It serves as a valuable tool for judicial oversight of state institutions such as protective homes, prisons, and asylums. PIL aims to empower ordinary citizens to approach the courts for legal remedies, contributing significantly to social change, the promotion of justice, and the adherence to the rule of law.
In India, PIL has been instrumental in driving political and social transformations, shedding light on and addressing various public issues. Its impact is evident in the protection of marginalized groups, including bonded laborers, slum dwellers, and prisoners, leading to improvements in their living conditions. PIL serves as a means to safeguard collective interests for which fundamental rights have been established.
Initially designed to make justice accessible to the marginalized and underprivileged, PIL has evolved to encompass the enforcement of legal obligations by the executive and legislature through judicial review. PIL ensures the judicial scrutiny of administrative actions by encouraging increased public participation. It is commonly employed to challenge decisions of public authorities, evaluating the lawfulness of actions or decisions and reviewing instances of failure to act.
How to file a public interest litigation?
To initiate a Public Interest Litigation (PIL), the following steps need to be taken:
Understanding the Issue: The petitioner, the individual filing the PIL, should thoroughly comprehend the matters affecting the public at large by conducting research and consulting relevant individuals or groups connected to the issue.
Gathering Information and Evidence: The petitioner must collect all essential information and documents that can serve as evidence to support the PIL petition.
Drafting the PIL Petition: Prepare the PIL petition, including details such as the court’s name, the petitioner’s name and address, the respondent’s information, the legal article under which it is filed, a comprehensive presentation of the case facts (including information related to the public concern), and the relief sought from the court.
Serving the Respondent: Send a copy of the PIL petition to the respondent involved in the case.
Filing the PIL: Submit the PIL petition to the Supreme Court or High Court, along with evidence confirming that the petition copy has been sent to all the respondents. In the case of filing in a High Court, two copies of the petition must be submitted, and for the Supreme Court, five copies of the petition need to be provided to the court.
Role of Public Interest Litigation in shaping criminal laws
Public Interest Litigation (PIL) plays a significant role in shaping criminal laws by serving as a mechanism for addressing and rectifying issues related to the criminal justice system and the protection of citizens’ rights. Here are some ways in which PIL contributes to shaping criminal laws:
Ensuring Accountability and Transparency : PILs often seek to hold law enforcement agencies accountable for their actions. They can address issues of police misconduct, custodial torture, extrajudicial killings, and other violations of fundamental rights. Through PILs, the judiciary can direct investigations into such matters, leading to greater transparency in criminal law enforcement.
Prison Reforms: Public Interest Litigation has been instrumental in advocating for reforms within the prison system. PILs may address concerns such as overcrowding, lack of basic amenities, and violations of prisoners’ rights. This contributes to the development of humane and just criminal laws that respect the dignity and rights of individuals within the penal system.
Protection of Vulnerable Groups: PILs often focus on protecting the rights of vulnerable groups, including women, children, and marginalized communities. This may involve addressing issues such as sexual assault, human trafficking, and child labor, leading to the formulation of laws and policies aimed at preventing and addressing criminal activities targeting these groups.
Environmental Crimes: PILs related to environmental issues often involve criminal aspects, such as illegal pollution or unauthorized industrial activities. Through PILs, courts can intervene to safeguard the environment and public health, resulting in the formulation or strengthening of laws addressing environmental crimes.
Cybercrimes and Technology: With the rise of technology, PILs have played a role in shaping criminal laws related to cybercrimes. They may address issues like online harassment, cyber fraud, and data breaches, influencing the development of legislation to combat such crimes effectively.
Public Safety: PILs can address issues affecting public safety, such as road safety, terrorism, and organized crime. By prompting legal interventions and policy changes, PILs contribute to the development of laws that enhance public safety and security.
Legal Aid and Access to Justice: PILs often advocate for improved legal aid services and access to justice for the economically disadvantaged. By addressing issues related to the administration of justice, PILs contribute to the development of fair and equitable criminal laws.
To recapitulate Public Interest Litigation serves as a crucial tool in shaping criminal laws by addressing systemic issues, advocating for reforms, and ensuring that the criminal justice system is fair, transparent, and aligned with the principles of justice and human rights.
Examples of public interest litigation cases
Public Interest Litigation (PIL) has played a pivotal role in shaping significant legal outcomes in India. Some noteworthy examples of PIL cases include:
Hussainara Khatoon vs. State of Bihar Case: This landmark case marked the inception of PIL in India, drawing attention to the deplorable conditions of prisoners and undertrial prisoners. It highlighted the need for addressing the inhuman treatment of individuals in custody.
Vishaka vs. State of Rajasthan: This case addressed the issue of sexual harassment in the workplace. The resultant Vishaka Guidelines, introduced in 1997, provided a framework for employers to define sexual harassment, implement preventive measures, and establish procedures for filing complaints regarding workplace sexual harassment.
M.C. Mehta vs. Union of India: This case focused on pollution in the Ganges basin. The judgment criticized the local government for permitting untreated sewage from Kanpur’s tanneries to pollute the Ganges. The court issued directives to mitigate the impact of water and air pollution on the millions residing in the Ganga basin, emphasizing the importance of sustainable development.
Parmanand Katara vs. Union of India: Filed to ensure hospitals could attend to emergency accident cases without waiting for pending police investigations, this case led to a judgment making it mandatory for both public and private hospitals and doctors to provide immediate medical aid to road accident victims. The decision prioritized saving lives over procedural delays.
Conclusion
In conclusion, Public Interest Litigation (PIL) has played a crucial role in shaping criminal laws in India, addressing societal issues, and influencing legislative changes. It empowers the public to bring forth cases of public interest, even when the affected party may lack resources or access to the courts. PIL has been instrumental in ensuring accountability, transparency, and reforms in areas such as law enforcement, prison conditions, and the protection of vulnerable groups. Notable cases, including Hussainara Khatoon, Vishaka, M.C. Mehta, and Parmanand Katara, highlight PIL’s impact on issues ranging from prisoners’ rights to workplace harassment and environmental conservation. Overall, PIL serves as a dynamic tool for social change, upholding justice and human rights in the evolving landscape of the Indian legal system.
References
Public Interest Litigation in India: A Critical Analysis by Upendra Baxi (2013)
