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Question
Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?
Why do you think the introduction of Public Interest Litigation (PIL) in the 1980s is a significant step in ensuring access to justice for all?
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Solution
- Post-1980 period the judiciary was willing to take into account the rights of those sections of society who would find it difficult to take help from the courts.
- Public Interest Litigation (PIL) or Social Action Litigation (SAL) is the main instrument through which judicial activism flourished in India.
- The idea of rights has been expanded through Public Interest Litigation (PIL). The rights of the entire society includes decent living, unpolluted water, clean air etc.
- On behalf of the deprived and needy people, courts permitted lawyers, social organisations, and proactive citizens to file petitions in the court.
- Hence, courts in India were of the opinion that wherever such rights are violated the citizens who are part of the society must have the right to seek justice from the courts.
- Usually in normal circumstances, as per law, only people who have been aggrieved were allowed to approach the courts.
- It means a person could only move the court of law if the person is involved in a dispute, if the person’s right has been violated.
- Around 1979, this concept started changing. The court set a new trend in 1979, when it took a decision to hear a case which was filed by people on behalf of aggrieved persons.
- As this case was filed on the basis of public interest, this case and other cases came to be popularly known as Public Interest Litigation (PIL).
- During the same time period, the case about prisoners rights was also taken up by the Supreme Court. This opened the floodgates to a huge number of cases where voluntary organisations, spirited citizens started seeking justice through courts to give better life conditions for the poor, and protect the existing rights, environment protection, and lots of diverse issues which are in the interest of the public.
- Hence Public Interest Litigation (PIL) turned out to be the most important instrument of judicial activism
- Post-1980 period the judiciary was willing to take into account the rights of those sections of society who would find it difficult to take help from the courts.
- Public Interest Litigation (PIL) or Social Action Litigation (SAL) is the main instrument through which judicial activism flourished in India.
- The idea of rights has been expanded through Public Interest Litigation (PIL). The rights of the entire society includes decent living, unpolluted water, clean air etc.
- On behalf of the deprived and needy people, courts permitted lawyers, social organisations, and proactive citizens to file petitions in the court.
- Hence, courts in India were of the opinion that wherever such rights are violated the citizens who are part of the society must have the right to seek justice from the courts.
- Usually in normal circumstances, as per law, only people who have been aggrieved were allowed to approach the courts.
- It means a person could only move the court of law if the person is involved in a dispute, if the person’s right has been violated.
- Around 1979, this concept started changing. The court set a new trend in 1979, when it took a decision to hear a case which was filed by people on behalf of aggrieved persons.
- As this case was filed on the basis of public interest, this case and other cases came to be popularly known as Public Interest Litigation (PIL).
- During the same time period, the case about prisoners rights was also taken up by the Supreme Court. This opened the floodgates to a huge number of cases where voluntary organisations, spirited citizens started seeking justice through courts to give better life conditions for the poor, and protect the existing rights, environment protection, and lots of diverse issues which are in the interest of the public.
- Hence Public Interest Litigation (PIL) turned out to be the most important instrument of judicial activism
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