Public Interest Litigation i.e. PIL, as it is commonly known, is a principle envisaged under Article 32 of the Indian Constitution. As the name suggests, the concept of PIL is developed to support litigation concerning public interest. To make it simpler, it can be said that this refers to certain litigations which are fought for common interest of public and includes such issue or issues which are of great concern for people at large. PIL’s are filed in the form of Writs under article 32 of the Constitution of India in Supreme Court, although it can also be filed in High Courts, again as writs but under article 226. Issues relating to environment degradation, pollution, public transport, education system etc can be some good examples of issues under the purview of PIL.
While tracing the origin of PIL in India, a great emphasis can be laid down on the works of Justice P.N Bhagwati and Justice V.R Krishna Iyer, who were among the first judges to admit PIL. It is believed that the process of filing of PIL may be just equated with that of writing a letter. Instances are evident that PIL’s have been filed through telegrams and letters addressed to courts. But this wasn’t the situation before 1980’s when only the private aggrieved parties could knock the door of the courts. The system was far rigid than the system prevailing in present days. The entire scenario changed in the post emergency era when Supreme Court started thinking on the matter as to how can general public approach the court without crossing the hassles of needless barriers.
However an analysis of the history of PIL’s reveal that it is the very recent time in which the machinery of PIL has actually unfolded itself and has brought in revolution in the strata of public welfare. It has only been some years that certain vigilant members of the public have dragged into sight of the courts some very serious matters pertaining to public good. The court machinery is presumed to be the most effective machinery for enforcement of rights. So it is very necessary that courts look into PIL’s very cautiously so that any kind of injustice can be avoided. A wrong decided PIL would not only effect the life of one person or some persons, but may bring disasters into the lives of many people altogether.
Howsoever, the term PIL has not been defined under any statute. Generally PIL can be filed in the following cases:
-Violation of fundamental rights enshrined under the Constitution of India;
-Against Government policies;
-For compelling public offices to abide by duties;
-Environmental issues including Pollution;
-Any other matter which involves interest of common people at large.
Now taking a brief look at the major PIL’s filed in India we may enlist the following cases:
• TAJ POLLUTION MATTER
• GANGA POLLUTION MATTER
• VEHICULAR POLLUTION IN DELHI
• POLLUTION BY INDUSTRIES IN DELHI
• POLLUTION IN RIVER YAMUNA
• POLLUTION IN NOIDA, GHAZIABAD AREA
• NOISE POLLUTION BY FIRECRACKERS
• IMPORT OF HAZARDOUS WASTE
• POLLUTION IN PORBANDAR, GUJARAT
• MANAGEMENT OF MUNICIPAL SOLID WASTE
• MANAGEMENT OF SOLID WASTE IN CLASS-I CITIES
• POLLUTION IN MEDAK DISTRICT, ANDHRA PRADESH
• POLLUTION BY CHEMICAL INDUSTRIES IN GAJRAULA AREA
• POLLUTION IN RIVER GOMTI
Now moving on to some important case filed and decided in the form of PIL, the case of M.C.Mehta –Vrs.- Union Of India, (Oleum Gas leak case), deserves the first mention.
In this case one Mr. M.C.Mehta, an Advocate filed a PIL on observing that due to leaking Oleum gas from the plant of Sriram Foods and Fertilizers Industry many persons in Delhi have to be hospitalized. The case stood on the principles of absolute liability and it was pleaded that the due to the gas leak the people’s fundamental right to life enshrined under article 21 of the Constitution is at stake. A reference was also made to the most celebrated case of Rylands –Vrs.- Fletcher, relating to strict Liability.
The supreme Court passed an appropriate order in the case and stated that:
“Since we are not deciding the question as to whether Shriram is an authority within the meaning of Article 12 so as to be subjected to the discipline of the fundamental right under Article 21, we do not think it would be justified in setting up a special machinery for investigation of the claims for compensation made by those who allege that they have been the victims of oleum gas escape. But we would direct that Delhi Legal Aid and Advice Board to take up the cases of all those who claim to have suffered on account of oleum gas and to file actions on their behalf in the appropriate court for claiming compensation against Shriram. Such actions claiming compensation may be filed by the Delhi Legal Aid and Advice Board within two months from today and the Delhi Administration is directed to provide the necessary funds to the Delhi Legal Aid and Advice Board for the purpose of filing and prosecuting such actions.”
In another Case of M.C. Mehta –Vrs.- Union of India, the issue of Pollution near Taj Mahal was raised.
It was observed that due to increasing pollution levels in air, the colour of Taj Mahal is getting yellow. The Supreme Court, in this court has issued directives to ascertain that pollution in the places surrounding the Taj Mahal be reduced to minimum possible level so that the heritage structure can be saved from further destruction.
Similarly many other such cases have proved themselves boon for the many people residing in different parts of the nation.
To conclude, it can be emphasized that the concept of PIL is a very successful one and has a lot of relevance in today’s era.
-Krishanu Ray
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