Legal Knowledge

What is a Public Interest Litigation in India?
What is a Public Interest Litigation in India?

What is a Public Interest Litigation?
Many of the people think a question in the mind what is a Public interest litigation.So today Lawyer Guruji will tell you about the public interest litigation.

Any public interest litigation can be filed before the Supreme Court or high court by any affected or concerned person raising the legal issues involved, the legal grounds on which the petition is being filed.

The person who files Public Interest Litigation in a Supreme Court or high court has to give an affidavit that the person has no personal benefit in the matter.
Public interest litigation means a legal action initiated in the court of law for the violations of human right and fundamental right which are given in Constitution of India.

Public interest Litigation is filed in Supreme Court and High Court for the protection of social interest such as Environmental Pollution, Road safety, Constructional hazard, human right, administration of justice, Investigation of that case where a person occupying high public office, etc Any matter where a public interest is affected at largely can be redressed by filing a Public Interest Litigation in a Supreme Court and High Court.

 Public interest litigation or (PIL) is a right given to the members of the public to maintain an action for judicial redressal of public injury. Such injury is usually caused by breach of public duty or due to a violation of some provision of the Constitution of India.  
Section 133 of the Code of Criminal Procedure Code 1973 also provide a procedure for filing against criminal violation of someone's rights.

There are some categories for the filing of the petition 
  1. Exploited of labour in the factory, industries, etc or bonded labour matters.
  2.   some severely neglected children.
  3.  Non-payment of minimum wages to workers in factory, industries, etc and exploitation of casual workers factory, industries, etc and complaints of violation of Labour Laws (except in individual cases).
  4. Petitions from jails complaining of harassment and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
  5. The person may file a Petitions against the police office who refused to register a complaint when he receives a commission related to the incident.
  6. If a person is harassed by the police officer, he can file a petition.
  7. Death of the person in police custody.
  8. Petitions against atrocities on women, in particular, harassment of bride, bride burning, rape, murder, kidnapping etc.
  9. Filing a Petitions complaining of harassment.
  10.  Torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
  11.  Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.
  12.  Petitions from riot -victims.
  13. Family Pension.
There are some categories for the Non-filing of the petition.
  1.  Landlord-Tenant dispute.
  2.  Service matter and those pertaining to Pension and Gratuity.
  3.  Admission to medical college and other educational institution.
  4.  Filing a Petitions for the fast hearing of cases pending in High Courts and Subordinate Courts.

What is the purpose of  Public interest litigation(PIL)?
 Public interest litigation is the constitutional remedy which protects the violation fundamental right which is given in Constitution of India.
  1. Public Interest Litigation is a Constitutional remedy to protect the public interest.
  2. Public Interest Litigation help to the human being for the protection of human right.

In which courts  Public interest litigation(PIL) can be filed?
 Public interest litigation can be filed only in the Supreme Court and High Court.

 Public interest litigation can be filed in the Supreme Court under the Article 32 of the Constitution of India.
 Public interest litigation can be filed in the High Court under the Article 226 of the Constitution of India

Who can file a public interest litigation(PIL)?
A public Interest Litigation (PIL) can file anyone whose fundamental right is violated.

It is not necessary to that a person who filing Public Interest Litigation should have a direct interest in Public Interest Litigation. 

Some examples of better understanding Who can file a public interest litigation(PIL)
  1. A person who lives in Delhi can file a  Public interest litigation for, some labour workers being exploited in Uttar Pradesh.
  2. Someone filed a  Public interest litigation in the supreme court for taking action against Cracker factory in Uttar Pradesh, for employing child labour.

It is clear that any person can file a  Public interest litigation on behalf of the group of affected people. However, it will depend on every fact of the case, whether it should be allowed or not.

No comments:

Thanks for reading my article .


Powered by Blogger.