The Problems in Public Interest Litigation in India

Introduction

Public Interest Litigation is observed as one of the most significant part in the legal system. The people who did not know about the procedure of Court for defend of his fundamental right can filed the PIL. Basically, PIL is filed to protect the interest of the public at large before the Court.

When we are discussing about PIL we have to know that everything have some pros and cons and problems, In this article we try to summarize the problem, some object and important cases of PIL or it is a working tool in India or not? The major contribution of PIL has been to enhance the accountability of the government related to the rights of the people.

The PIL develops a new jurisprudence to the accountability of the state for legal and constitutional violation that affects the interest of the weaker section of the society.

Public Interest Litigation

There is no proper and specific definition of Public Interest Litigation. The meaning of PIL is not given in any law. Entire thing work with the analysis from the judgment but generally PIL is the power given to public to represent their problem which breaching the fundamental right.

The aim of PIL is to protect the interest of public at large. The PIL safeguards the right of the minority and the interest of the people. These are the following cases that are dealt with PIL.

1. In 1976, the case of Hussainara Khatoon vs State of Bihar, PIL was first reported in India. It leads to release of 40,000 prisoners.
2. In the case of S.K. Gupta vs Union of India, The brief explanation of PIL was given by Justice PN Bhagwati. It was held that Court have to take understanding even of the letter act’s probono publico every citizen has a right to move to the court against the authority of public under the Article 32 for Supreme Court and Article 226 for High Court.
3. The major contribution in field of PIL was acknowledged in the case of MC Mehta vs Union of India, he did a lot of work on environmental issues. MC Mehta and Machilipatnam are two of the most important and powerful names that have a great influence to safeguard the interest of public at large through PIL. Some of their great works including Bhopal Gas Leakage that caused to the change in system and also the taj trapezium.

Some of the matters which are entertained under PIL are:

1. Labor Matters
2. Food Adulteration
3. Non- payment of minimum wages to workers
4. Environmental Pollution
5. Maintenance of Culture and Heritage
6. Crimes against Women
7. Violation of basic Human Rights of the poor

Factors responsible for the growth of PIL in India

The Indian Constitute Character: – India has a largest written Constitution. Through Part 3^rd that is Fundamental Rights and Part 4^th that is Directive Principles of State Policy provides a structure for controlling the link between the State and its citizen and between the citizens among themselves.

Progressive Social Legislation: – India also has some of the most progressive social legislation in the World relating to labor, environmental problem, land ceiling etc. This resulted to stop the executive for not performing any function that ensuring the rights of the poor according to the law of the land.

Liberal Interpretation of Locus Stand: – ‘Locus Stand’means the right tobring an action in the Court. Where a person can apply to the Court on behalf of those who are economically/ physically backward to come forward to come before it has helped. Judges in some cases began to suo moto action depends on the newspaper articles or letter received by them.

Social and economic rights given to the citizen in the Constitution of India under Part 4^th are not enforceable legally, Courts have read these into fundamental rights and make them judicial enforceable. For example, Article 21 ‘Right to Life’, also included right to free legal aid, right to education, right to work, right to live with dignity, right to freedom from torture etc.

Judicial Transformation to aid the poor and marginalize: – In the Bandhua Mukti Morcha, the Supreme Court keeps the burden of proof on the respondent and States that it would treat every case of forced labor as a case of bonded labor.

Similarly, in the judgment of the case Asiad Workers, P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through any commission and lower court. In the cases of PIL where the petition is unable to give all the necessary evidence, either due to large or because the parties are socially and economically weak. So, courts have appointed commission to collect information on facts and prevent it before the court.

Reliefs Available by PIL

Many kind of relief are available in such petition to safeguard the public interest at large.

• First Relief: – Interim Measures

Till the final order court can only afford an early interim measures to safeguard the public interest. For instance, till the disposal of the final petition prohibiting the cutting of trees or making provision for the discharge of sewage.

Before closing any industry that releasing poisonous gas, setting up scheme for victim compensation, ordering to reopen the industry with certain directions, etc.

• Second Relief: – Appointing a Committee

Proper committee or commissioner should be appointed by the Court to look into the matter and submit its report before the Court. Such committee may give power of cognizance of grievances and settle its right in the public interest not for private intent.

• Third Relief: – Final Order

By the way of direction the court may also give final order to comply within a stipulated time.

Misuse of PIL

Everything in the world has some problem. There is significant issue related to the misuse of Public Interest Litigation while people abusing it. As we earlier discuss that there is no general meaning of PIL. So, people starts benefit of it and misuse the PIL. In India, there are several cases of misuse of PIL. People filed PIL for their private interest not for public interest which came into publicity. Here, there are several cases which set the guidelines for the filing of PIL.

1. Chhetriya Pardushan Mukti vs State of U.P. & ors.
2. The Court held that there have to be real intention to safeguard the right of the public for filing the PIL.
3. In this case, there was a lack of Public interest, it was mention by the court that the PIL filed by NGO was a conflict between the mill and organization and there is no real intention.
4. S.P. Gupta vs Union of India
5. In this case, P.N. Bhagwati sets some procedures to defend the misuse of PIL. Bhagwati ji first defines the concept of PIL in Indian background. It was held that case related to socio- economic crime no PIL would be filed and also no PIL will be filed in the case related to women offence.
6. Sanganmal Panday vs State of U.P.
7. In the case, construction was going on from Kanshiram to Jail Road, the Court stops the activity of construction due to PIL was filed for affecting of green belt by the construction.
8. The Court rejected the appeal and allows filing the same in High Court under Article 226 of the Indian Constitution. 

Problems of PIL

These are the following problems of PIL:-

• Publicity under the veil of PIL

There are various cases in which it has been noticed that the people filed the PIL for publicity not for public or people. People used it as an instrument for gaining publicity. The PIL stands for Public Interest Litigation not Publicity Interest Litigation. It is one of the major problem, rather used it in a beneficial way, use it as a means to get popular or to come into attention.

Some of the examples of this problem are:-

• A PIL was filed against the movie Kedarnath. The reason to file PIL was that such movie damages the religious feeling. The movie shows that a Muslim boy at Kedarnath. The Court rejects the PIL on account of ‘publicity stunt’.
• Another PIL was filed at Bombay High Court for medical checkup of Chief Minister. The Court rejected the petition as publicity interest litigation as the petition made untrue claim and for not discloses the facts of political linking.
• Judicial Adventurism

Judicial overreach is when the judiciary starts interference in the functioning of the legislature and executive organs of the government. It is considered undesirable in the democracy. It also said that judicial overreach means judiciary crosses its own function and enter the executive or legislature function.

Some of the examples of problems of judicial overreach are:-

• A petition was filed against the certificate of the film Jolly LL.B. and the Bombay High Court ordered to cut the defamatory scene from film. Under the Cinematograph Act, 1952, it is unnecessary interference. Courts have no power to decline change or verify the certificate granted to films.
• Supreme Court prohibits the sale of alcohol and liquor along the State and National Highways in a PIL related to road safety and problem of drunk driving. It concerns with all the hotels restaurants within the 500 meters of highway under the ban.

They all are the issue of administrative and Court was not a proper body to pass any such order. All the steps should be taken by the legislature.

• Symbolic Justice

Sometimes the direction and guidelines issued in the PIL is not implementing or followed. PIL reflects the “Symbolic Justice”. This is not enactment of direction damage the creditability of the Judiciary.

The Apex Court provided direction related to issues like offence against women, sexual harassment, processes of Court etc. but often it is unable to check its consent.

• Obscure Motives of the Litigants

This is the general principle of law that “One should come with clean heads to the Courts” but sometimes the personal critics or political motive hidden behind the PIL. This type of PIL was rejected by the Court and should begin to further move with them. There are many judgment through which the guidelines of PIL was laid down. There is no proper definition of PIL in law.

• Tremendous increase in litigation

Due to simple and flexible process of filing a PIL, the filing of unsystematic petition creates lots of pressure on Judiciary and sometime delays the process of disposal of bona fide petition.

• Institutional limitation

There is an urgent need for structural change in the operation of the PIL institutions.

Nilima Priyadarshiini vs State of Bihar

In this case, a letter was written by a person who was illegally detained and was placed before the Court, after around 75 days PIL had revised it. Another serious drawback is that the Bench structure keeps on unstable.

Certain Weaknesses of PIL

1. The action of PIL by the Court sometimes gives rise to the problem of competing rights. For instance, when a Court orders to close the polluting industry, the interest of the industry workers and their families who are deprived of their livelihood may not take into the account by the Court.
2. It leads to the overburdening of the Court with the thoughtless PIL’s by parties with private interest. Today the PIL is no more only limited to problem of the poor and oppressed.
3. Sometime PIL matter related to exploitation and disadvantaged groups are pleading for many years.

 Conclusion

From the above discussion we can conclude that PIL is the most important tool to easily bring any case in the eye of law without any long processes and cost. It has some fault which was cured by the Court but there is still some fault which Court has to work. So, there is no misuse of PIL. The major contribution of PIL has been to enhance the accountability of the government related to the rights of the people.

The PIL develops a new jurisprudence to the accountability of the state for legal and constitutional violation that affects the interest of the weaker section of the society.

About the Author: Abhishek Jain is a student at Lloyd Law College, Greater Noida.

Note: The views in this article are personal only.

References

• http://www.legalservicesindia.com/articles/pil_ind.htm
• https://www.lawyered.in/legal-disrupt/articles/public-interest-litigation-pil-india/
• https://byjus.com/free-ias-prep/public-interest-litigation-pil/
• http://legalserviceindia.com/legal/article-3017-public-interest-litigation-and-general-problem-in-it.html