Public Interest Litigation in India and Role of Lawyers

Public interest litigation means litigation for the protection of the public interest. 'Public Interest' as defined by Black’s law Dictionary is “something in which the public, the community at large has something pecuniary interest, or some interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as mere curiosity, or as the interest of the particular localities, which may be affected by the matters in question.” It is not necessary for the victim to personally approach the court to file public interest litigation. The rule of locus standi has been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court. A PIL can be filed by any member of the public which may be an institution, non-governmental organization or an individual.

Public Interest Litigation in India

The concept of Public Interest Litigation is in consonance with the principles enshrined in Article 39A of the Indian Constitution to protect and deliver prompt social justice with the help of law. Articles 32 and 226 of the Indian constitution contain a tool which directly joins the public with judiciary. A Public Interest Litigation can be filed in the Supreme Court under article 32 whereas it can be filed in the High Court under article 226 of the Indian constitution. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were the first judges to admit PILs in court. The first reported case of PIL was filed in 1979 by Kapila Hingorani on the basis of the news item published in a newspaper focusing the inhuman conditions of prisons and under trial prisoners. The case Hussainara Khatoon v. State of Bihar highlighted the plight of thousands of under trial prisoners languishing in various jails in Bihar. These proceeding led to the release of more than 40,000 under trial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners.

Role of Public Interest Lawyers

Public interest lawyers represent the vulnerable individuals and communities. They make huge differences in the lives of those who need help the most. A public interest lawyer might enable clients to remain housed; limit the amount of time they spend in jail and improve the conditions of their confinement; help them to become employed; enable them to complete their education; prevent them from being cheated; enable them to enjoy physical security or an unpolluted environment; and in so many other ways. They may become a public defender taking on clients who are unable to afford a lawyer. They may represent a group of people who were affected by the wrongful actions of a corporation. The clients and issues handled by a public interest lawyer reflect broad areas of public concern, such as illegal discrimination, environmental protection, child welfare, road safety, constructional hazards and abuse of basic fundamental rights.