Public Interest Litigation

Public Interest Litigation

Public Interest Litigation, in Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism.

Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognisance of the matter and proceed "suo motu" or cases can commence on the petition of any public-spirited individual.

Origins Of PIL

Prior to the 1980s, only the aggrieved party could approach the courts for justice. However, post 1980s and after the emergency era, the apex court decided to reach out to the people and hence it devised an innovative way wherein a person or a civil society group could approach the supreme court seeking legal remedies in cases where public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PIL's in the court. [http://www.legalserviceindia.com/articles/pil.htm PIL A Boon Or A Bane] ] Filing a PIL is not as cumbersome as any other legal case and there have been instances when even letters and telegrams addressed to the court have been taken up as PILs and heard by the court.Fact|date=May 2007

Examples of PIL

The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that they will abide by the Cable Television Network Act 1995 as well as the court's orders by tomorrow, in view of larger public interest.

A division bench comprising Justices R M Lodha and S A Bobde were hearing a Public Interest Litigation (PIL) filed by Professor Pratibha Nathani of St Xavier's College alleging that films without certification by the Censor Board for Film Certification (CBFC) allowing 'free public exhibition', were being shown on cable channels, which have a bad impact on children. Hence, such films should not be shown and action be taken against those still running such content on their channels.

The court on 23 August had allowed the cable operators and channels to screen only 'U' and 'U/A' certified films.

However, before that order, the police had taken action against the Multi-system operators and seized their decoders due to which they could not telecast certain channels. Assistant Commissioner of Police Sanjay Apranti told the court that they did not have a problem if the channels provided the cable operators with new decoders.

Also, Zee Television and Star Television networks applied for the declaration in writing that they would abide by the said Act and court orders.

The court also directed seven channels -- Star Movies, Star One, Star Gold, HBO, ZEE Movies, AXN and Sony Max -- to furnish a list of all the films that they were to screen to the police.

Empirical study on PIL results

According to a controversial study by Hans Dembowski, PIL has been successful in the sense of making official authorities accountable to civil society organisations. While this social scientist also found some effect on the ground level, PIL cases dealing with major environmental grievances in the Kolkata agglomeration did not tackle underlying problems such as inadequate town planning. Dembowski's book "Taking the State to Court - Public Interest Litigation and the Public Sphere in Metropolitan India" was originally published by Oxford University Press in 2001. The publisher, however, soon discontinued distribution because of contempt of court proceedings started by the Calcutta High Court. The author, who claims he was never officially notified by the Court, has since republished the book online with the Germany-based NGO Asia House: [http://www.asienhaus.de/taking-state-to-court] .

ee also

*Legal aid
*Constitution of India
*Fundamental Rights, Directive Principles and Fundamental Duties of India
*Class action

External links

* [http://202.71.128.135:5/bc/focusdetails.asp?ID=54 British Council's LEGAL eNEWS compares Indian and British experiences on public interest litigation]
* [http://www.advocatekhoj.com/library/lawareas/publicinterestlitigation/index.php?Title=Public%20Interest%20%20%20Litigation Procedure to file a PIL]
* [http://www.helplinelaw.com/docs/pub-i-litigation/index.php Public interest litigation described on Helplinelaw] - The site has detailed pages explaining various aspects of PILs in Indian law.
* [http://www.righttofoodindia.org Right to Food Campaign in India] - The site has information about one of the most significant PILs on right to food in the world.
* [http://www.worldlii.org/int/cases/ICHRL/1995/69.html "Bodhisattwa Gautam vs. Subhra Chakraborty"] : a case where PIL introduced the case to court.
* [http://www.elaw.in "Environmental Law Research and Guidance Foundation (India)'] : More judgments on Public Interest Environmental Law.

References


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