Public Interest Litigation
About
- Public Interest Litigation (PIL) refers to the legal process that allows individuals, non-governmental organizations (NGOs), or social activists to file a petition in court on behalf of the public interest.
- A PIL is not defined in any law, statute or act. The concept of PIL in India was introduced to provide access to justice for the underprivileged, ensuring that their fundamental rights are protected.
- It is a tool to challenge the misuse of power, ensure transparency, and hold the government accountable for its actions.
Evolution of PIL
- The evolution of PIL can be traced to the Supreme Court decisions of the late 1970s, such as Hussainara Khatoon & Ors. vs. Home Secretary, State of Bihar (1979) (related to deplorable conditions of undertrial prisoners in Bihar), which marked a departure from the traditional doctrine of locus standi, under which only an aggrieved party could approach the court, towards permitting representative standing.
- This enabled third parties to institute proceedings on behalf of marginalised groups unable to access justice due to systemic barriers.