Public Interest Litigations (PILs) have become an essential tool in India’s judicial framework, offering a unique pathway for justice, particularly for the weaker sections of society.
Introduced in the late 1970s and formalized in the 1980s, PILs have expanded the horizons of judicial activism, enabling individuals and organizations to bring cases of public concern to the courts. This mechanism has empowered marginalized groups, ensuring that their grievances are heard in a legal system that can sometimes seem inaccessible or daunting.
Traditionally, access to justice has been a privilege of those with resources, education, and awareness of their legal rights.
Weaker sections of society—comprising economically disadvantaged groups, rural populations, women, children, and minorities—often struggle to navigate the complexities of the legal system. High legal costs, lengthy procedures, and social disadvantages contribute to a pervasive sense of helplessness among these groups. PILs, however, have served as a bridge, bypassing many procedural hurdles that would otherwise keep these individuals from approaching the courts.
One of the key innovations of PILs is that any public-spirited individual or organization can file a case on behalf of marginalized communities without requiring them to initiate the litigation themselves. This has allowed NGOs, social activists, and even concerned citizens to file petitions for issues ranging from environmental degradation to the violation of human rights, even when the direct victims lack the means or awareness to do so.
PILs have been instrumental in expanding the scope of judicial intervention in areas traditionally neglected by both legislative and executive arms of government. Landmark cases such as the Vishaka Guidelines for the prevention of sexual harassment at the workplace, the right to free education under the Right to Education Act, and the banning of child labor in hazardous industries all emerged from PILs. These rulings have had a profound impact on the weaker sections of society by addressing systemic issues that disproportionately affect them.
In environmental cases PILs have been filed to protect the livelihoods of indigenous populations or rural communities whose lands or ecosystems were under threat from industrial activities. Similarly, PILs have been crucial in safeguarding the rights of prisoners, the homeless, and bonded laborers, whose issues often remain invisible in the broader public discourse.
PILs have also democratized the legal process by shifting the focus from individual grievances to broader social and systemic issues. The Supreme Court of India has relaxed the traditional “locus standi” requirement, which previously demanded that only the aggrieved party could approach the courts. By allowing third-party interventions, PILs ensure that the weaker sections of society, who may lack knowledge of their legal rights or the resources to fight a legal battle, are not left behind.
This mechanism has also fostered a greater sense of accountability among government institutions, which can be held to account by the courts through PILs.
