Public Interest Litigation (PIL)
/ˈpʌblɪk ˈɪntrəst ˌlɪtɪˈɡeɪʃən/
Legal Term / Constitutional Innovation
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Definition
A uniquely Indian innovation in constitutional law that allows any public-spirited individual or organisation to approach the Supreme Court (Article 32) or High Court (Article 226) to enforce the constitutional or legal rights of persons who are unable to approach the court themselves due to poverty, illiteracy, or social disability. PIL has been used to address bonded labour, prison conditions, environmental pollution, corruption, child labour, and forest rights.
Examples
Case Study
The Bhopal Gas Tragedy case (Union Carbide Corp. v. Union of India, 1989) was resolved partly through PIL jurisdiction. In Vishaka v. State of Rajasthan (1997), a PIL filed by women's rights groups after the gang rape of a social worker led to the Supreme Court issuing the Vishaka Guidelines on sexual harassment at the workplace — binding interim law until Parliament enacted the POSH Act in 2013. This demonstrates PIL's law-making function.
Key Cases
Vishaka v. State of Rajasthan
1997AIR 1997 SC 3011
PIL on sexual harassment at the workplace. In the absence of legislation, Supreme Court laid down the Vishaka Guidelines as binding law. Led to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Demonstrates PIL's quasi-legislative function.
View on Indian Kanoon →M.C. Mehta v. Union of India (Taj Trapezium)
1996(1997) 2 SCC 353
PIL by environmental lawyer M.C. Mehta. Supreme Court directed relocation of polluting industries from the Taj Trapezium Zone to protect the Taj Mahal from acid rain damage. Landmark environmental PIL.
View on Indian Kanoon →Hussainara Khatoon v. Home Secretary, State of Bihar
1979AIR 1979 SC 1360
The first PIL in India, triggered by a newspaper article. Led to release of undertrial prisoners. Established that PIL petitions can be letters to the court treated as writ petitions.
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