msd - pil
TRANSCRIPT
PUBLIC INTEREST LITIGATION
JOT SINGH
MANAV RACHNA INTERNATIONAL
UNIVERSITY
WHAT IS PIL?
This is a Litigation for the protection of the public interest .
Public Interest Litigation (PIL) was a revolutionary innovation which attempted to ensure implementation of rescue programs, framed for the benefit of the needy.
It also compelled the government and its authorities to perform their task.
FEATURES OF PIL
Injury to disadvantaged section to whom
justice is not accessible
Sufficient interest
Breach of public duty
Must seek enforcement of such duty
MERITS OF PIL
1. In Public Interest Litigation (PIL) citizens of
the country can find an inexpensive legal
remedy because there is only a nominal fixed
court fee involved in this.
2. The litigants can focus attention on and
achieve results pertaining to larger public
issues, especially in the fields of human
rights, consumer welfare and environment
DEMERITS OF PIL
1. The genuine causes and cases of public
interest have in fact receded to the
background and irresponsible PIL activists all
over the country have started to play a major
but not a constructive role in the arena of
litigation.
2. It has also been increasingly felt that PIL is
being misused by the people to grab public
interest and seeking publicity.
MATTERS PERTAINING TO PIL
HUMAN RIGHTS
ENVIRONMENT
PUBLIC ACCOUNTABILITY
ISSUES AND CONTROVERSIES
PROTECTION OF HUMAN RIGHTS
Fake encounter killings by police.
Rape victims
Harassment of working women
Blood Banks – defects in collection , storage
and supply of blood .
Eg ) PUBLIC PROTEST AGAINST THE
DELAY IN THE CONSTRUCTION OF
ROADS IN JABALPUR.
PROTECTION OF ENVIRONMENT
The areas in which PIL has been significant
is environment law .
It deal in the closing down of polluting
industries , enforcing pollution standards for
the safety of the workers .
Eg ) The Taj mahal Case
THE TAJ MAHAL CASE
PUBLIC ACCOUNTABILITY
All the ‘Scams’ come under the public
accountability .
The court had assured that the persons
exercising discretion in public , whether it is
petrol pumps , rivers or government
accommodation are accountable for their
actions.
Eg ) The pollution of the Holy River Ganga
Eg ) The River Narmada Case comes under
Controversies and Environment
RIVER NARMADA
RIVER GANGA
EDUCATION OF PUBLIC CONCERNING PIL
Creating awareness in school/ Collages
regarding matters pertaining to PIL.
Defining the responsibilities of various public
dept.
Setting limits for execution of public welfare
projects such as road construction , sewage
pipelines etc .
ENVIRONMENTAL EDUCATION
PIL’S LIMITATIONS
PILs have various limitations which includepetitioners having no legal right to compel thegovernment to appoint a commission of enquiry.
CBI enquiries are not possible and only legallitigation subjected to personal grievances isallowed.
CONCLUSION
Public interest litigation is a process to put any public problem in the eyes of law but as it is said that nothing can be fully good so there are some good feature as well as bad .
Public Interest Litigation is the power given to the public by courts through judicial activism.
THANK YOU