PIL is the short form of Public Interest Litigation. This is the law that helps to encourage people to question equality issues and human rights. So this includes filing a petition by the public for any matter regarding public interest. This allows general questions about public wrongdoing. This may also have monetary-related issues. PIL is an adequate judicial too. It is considered effective due to its low court fees and availability of special committees to investigate the case. In cases of forced evictions, the affected person, through a lawyer, can submit a petition at the state courts (both high or lower courts). There are many guidelines to ensure that the public interests and any violations of fundamental rights are supported. Courts are usually careful while dealing with such cases just to ensure that PILs are not abused, neglected or oppressed.
G. Vasantha Pai filed the first Public interest litigation, in the Madras High court. This case was against the sitting chief Justice of that time, for he had forged his date of birth to avoid compulsory retirement at 60. The case was dismissed as the chief Justice resigned from his post after the filing of this case. Kapila Hingorani filed the second case in 1979 to address the conditions of prisoners in the jail of Bihar. This was submitted to the supreme court of India and was headed by Justice P.N. Bhagwati. This case was also famous under the name of a prisoner and was known as Hussainara Khatoon Vs the State of Bihar. As a result, it was ordered that all the prisoners be given free legal aid, and their hearings must be completed soon. Both of these cases were a success in reestablishing human rights and have supported others in filing the same since then.
Public Interest Litigation can be done by filing a Writ Petition. Such a petition filed by the affected person is filed under Article 226 at a High court or Article 32 at the Supreme Court. To make the procedure easier, the concept of ‘Locus Standi’ has been introduced. This arranges possibilities for the poor and deprived to present their issues before the court. A writ petition simply includes a letter or postcard addressed to the Chief Justice. The court then decides to convert this letter into a PIL.
Approach a lawyer to file a case
Collect necessary documents
Collect the names and addresses of affected persons
Collect the names and addresses of government organizations against which the case is filed.
Mention facts supporting the violation of common rights
Mention dates and duration of action occurred
Mention the kind of relief required.
PIL is essential for the common public as it acts as a voice for their denied justice or represents inequality of any kind. This helps in democratizing justice for all the citizens of a country. This is also helpful to illiterate communities and those who cannot afford access to the judicial system.