The Public Interest Litigation (PIL) is an effective remedy when the parties in a dispute are unequal in power, resources, or influence. There are numerous types of PIL which have been used by individuals, government organisations or NGOs to fight for public causes. To know more about different types of PIL and its examples read further. To file a PIL, you will need access to the court registry, check what type of case you have and find the right court. It’s advisable to get legal advice before filing a PIL as there are strict regulations regarding what can be filed as public interest litigation. Read on to learn more about these restrictions, who qualifies as amicus curiae and how many types of PIL there are in India.
What is a Public Interest Litigation (PIL)?
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A Public Interest Litigation is a legal proceeding in which one or more persons, Government organisations and NGOs can file a case in the court of law for the redressal of public grievances. A PIL is usually filed in the court under the Article 32 of the Constitution of India, which grants the courts the power to issue directions or orders for the implementation of the fundamental rights of the people. A PIL is when a third party intervenes in a case and asks the court to take some action on a matter of public interest. The courts have discretion on whether to entertain it or not. A PIL is different from a criminal or civil proceeding. In a criminal proceeding, the state is bringing the case against a person, whereas in a civil proceeding, the parties to the suit are private individuals. In a PIL, the court is being asked to exercise its jurisdiction in favour of the general public.
Human Rights PIL
The Human Rights PIL was filed in 2003 by the Honourable Supreme Court of India and the Honourable National Human Rights Commission of India. The case was filed in order to end the atrocities against the people of Manipur and the neighbouring state of Assam and to protect the rights of their citizens. In 2004, the Honourable Supreme Court passed an order that, the Armed Forces Special Powers Act is not valid in Manipur and the neighbouring state of Assam. This resulted in the reduction of violence against the people of these states and increased their human rights.
Environment Protection PIL
In the year 1996, the people of the Haryana state filed a petition in the Supreme Court of India, under the Environment Protection PIL. This petition stated that the state of Haryana was converting the paddy fields into the polluted land due to the synthetic fibre factories. The Environmental PIL was filed by the Supreme Court of India. The petition stated that the state must take the appropriate action to reduce the air pollution, water pollution and soil pollution. The state of Haryana must take the action within a time period of three months.
Consumer Rights PIL
The Consumer Rights PIL was filed in the year 2003, by Consumer Affected by the Oil Price rise. The petition was filed against the rising oil prices in the country. The petition stated that the rise in oil prices is leading to a rise in the price of food, transportation and other essential commodities. This petition was filed in the Supreme Court of India under the Consumer Rights PIL. The petition stated that the Government should impose a hefty tax on the rising oil prices in the country.
Employment Guarantee PIL
The Employment Guarantee PIL was filed in the year 2001, by the Rashtriya Swasthya Bima Yojana. This PIL was filed by the Rashtriya Swasthya Bima Yojana, a Government organisation which provides the insurance for the healthcare facilities to the citizens of India. The petition stated that the Government has the obligation to provide employment to the citizens of the country. The Employment Guarantee PIL was filed in the Supreme Court of India. The petition stated that the Government should provide the employment to the citizens of the country and they should be provided the remuneration for their work in the form of the money or the facilities.
Notification PIL
The Notification PIL was filed in the year 2002, by the High Court of Andhra Pradesh. The High Court of Andhra Pradesh was one of the Government organisations which filed this Notification PIL. The petition stated that the Government is implementing the schemes and the programmes for the welfare of the citizens of the country. The Notification PIL was filed in the Supreme Court of India. This petition stated that the Government should provide the funds to the schemes and the programmes in a timeframe.
Last Words
Public Interest Litigation is the most powerful tool to protect our rights. It is the right of every citizen to ask the courts to intervene when their fundamental rights are violated. When an ordinary citizen feels that the government has neglected their needs, they can file a PIL in the court. A PIL is when a third party intervenes in a case and asks the court to take some action on a matter of public interest. The courts have discretion on whether to entertain it or not. PILs can be used to fight for public causes such as the environment, human rights or consumer rights. To file a PIL, you will need access to the court registry, check what type of case you have and find the right court. It’s advisable to get legal advice before filing a PIL as there are strict regulations regarding what can be filed as public interest litigation.
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