Origin of PIL
The idea of PIL first emerged in the United States in the 1960s as a way to give poor groups of society access to legal representation. PIL helps the public become more aware of numerous social issues while also giving the poor access to legal representation. This concept has gained acceptance throughout many countries, but with various variances in its application.
In the case of Hussainara Khatoon v. the State of Bihar in 1979, the PIL idea was first established in India. A group of solicitors in this case brought a claim on behalf of many convicts who were awaiting trial and had been detained for more than five years. The court heard the case and rendered a historic decision, ordering the release of all undertrial prisoners who had been languishing in jail for several years without trial. This judgement gave a new dimension to the concept of PIL in India.
Following the Hussainara Khatoon case, PILs in India developed as a potent instrument for public interest litigation. PIL gave citizens new ways to address the court directly to have their complaints addressed. PIL has been utilized effectively in India in a number of issues including judicial reform, women’s rights, environmental protection, and protection of human rights.
Concept of PIL
PIL has been viewed as a way to empower the weak and give voice to underrepresented populations. It has made it possible for people to file lawsuits against large firms or governmental bodies. It has also been viewed as a means of making the government answerable for its deeds or lack thereof.
It has also become simpler to file PILs in India thanks to the Supreme Court’s reduction of the standing requirements. A case can often only be filed in court by someone who is directly and personally impacted by a legal dispute. But in PIL cases, a party who has no direct stake in the conflict may nevertheless approach the court if they feel that the conflict has an impact on the general public.
The PIL has had a tremendous impact on Indian law. New legislation and policies to address numerous social, economic, and environmental challenges have been developed as a result of PIL. It has also been employed to question the constitutionality of particular legislation or government initiatives. Indian law recognizes people’s rights to file personal injury lawsuits (PILs) as well as other legal actions for personal grievances. The Indian Constitution upholds the right to access justice.
Public interest lawsuit has a very broad definition that covers a variety of topics. PILs can be submitted on behalf of persons who are affected by pollution, environmental degradation, public health, human rights, consumer protection, women’s rights, and a wide range of other issues. PILs are meant to make sure that people’s rights are upheld and that their complaints are addressed.
Written By- Adv. Vartika Chahal
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