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took cognizance of the transition to water in the year 2001. A citizens committee became a party to the case and decided that the river should be brought in its original form. Expert committee was formed. In 2007, when no action was ruled on the case, the PIL of the river was presented. Many constructions were broken and currently the river is 48 km long. Influential people bought land at the cost of Kodis from poor accountants in the river and did not allow the original width of the river to be restored. The current width is 210 feet. Later Tata projects worked on the rejuvenation of
Dravyavati river projects with the Jaipur Development Authority. Rapid urbanisation in the last 3-4 decades, coupled with rampant encroachments in the river area and its catchment areas and the dumping of sewage, industrial waste water, and solid waste, converted this once pristine flowing river to a Nallah. In the first-of-its-kind river rejuvenation activity, the Dravyavati River Project will oversee the amortisation of 170 MLD polluted water and have more than 100 fall structures constructed to turn this rain side river to a perennial river. More than 18,000 trees were planted and 65,000 square meters green area developed under this project.
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this way, two lists were to be made, if there is a dispute over the property of the transferring property to a new state and the personal property of the other princely states, then the Court will not have the right of trial under
Article 363 of the Constitution and the State Ministry of the Government of India (the current home). The decision will be final, the former princely states made a single list and made entire public properties their own. Bhajpa Congress governments kept silence. Public interest litigation is presented in this regard. See detail HIGHCORT site and attached writ petition. D B Civil Writ (P) 10655/15 Writ Petition was submitted regarding the cradle of the agreement reached with Sardar Vallabhbhai Patel and 563 former princely states of the country and 18 princely states of Rajasthan.
378:] the activity of mining and manufacturing of asbestos. A definite attempt was made by it to secure a ban on these activities with the ultimate intention of increasing the demand of cast and ductile iron products as they are some of the suitable substitute for asbestos. Thus it was litigation initiated with ulterior motive of causing industrial imbalance and financial loss to the industry of asbestos through the process of courtâ. The court stated that it was its duty in such circumstances to punish the petitioners under the Contempt of Courts Act; it must âensure that such unscrupulous and undesirable public interest litigation be not instituted in courts of law so as to waste the valuable time of the courts as well as preserve the faith of the public in the justice delivery systemâ.
342:. A litigant who approaches the court must come with clean hands. He cannot prevaricate and take inconsistent positionsâ. For example, a petition drafted by Amar Singh was vague, not in conformance with the rules of procedure, and contained inconsistencies; the court did not explore his primary grievance (infringement of privacy). A positive outcome of the case was the court's request that the government âframe certain statutory guidelines to prevent interception of telephone conversation on unauthorised requestsâ. In this case,
25:
323:, has stated that substantial "fines" would be imposed on litigants filing frivolous PILs. His statement was widely praised because the incidence of frivolous PILs for monetary interest were on the rise. A bench of the high court had also expressed concern over the misuse of PILs. The bench issued a set of guidelines it wanted all courts in the country to observe when entertaining PILs.
381:âBy now it ought to be plain and obvious that this Court does not approve of an approach that would encourage petitions filed for achieving oblique motives on the basis of wild and reckless allegations made by individuals, i.e., busybodies', a bench of Justices B. Sudershan Reddy and S. S. Nijjar observed in their judgment. The bench overturned an April 2010
393:. The high courtâs decision concerned a public-interest petition filed by S. Mangati Gopal Reddy, who alleged in court that the former IPS officer was involved in the loss of â300 gold dollarsâ from the temple and should not continue in office. The Supreme Court found that the high court decided against the accused with little information about Reddy himself.
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PILs have failed to provide justice to the poor and needy in whose name it was initiated. In a path breaking report published in 2005, it was opined that PILs instead of helping the poor are adversely affecting their homes and livelihoods. It has in effect become an industry. The Report demanded an
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The case fought against sexual harassment in the workplace and was filed by
Bhanwari Devi, who, after trying to stop the marriage of a one-year-old girl in rural Rajasthan, was raped by five men. She faced numerous problems when she (Devi) attempted to seek justice. Naina Kapoor decided to initiate a
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Earlier, the princely state of Jaipur used to get water from this river by making a canal, later this river turned into a dirty drain. There are more than 160 tubewells around it. Those who are giving water to the city. There have been infections in many tube wells. The State Human Rights
Commission
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The court must be satisfied that the Writ petition fulfills some basic needs for PIL as the letter is addressed by the aggrieved person, public spirited individual and a social action group for the enforcement of legal or
Constitutional rights to any person who are not able to approach the court for
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Singhvi wrote, in a case concerning sewage workers: âThe most unfortunate part of the scenario is that whenever one of the three constituents of the state i.e., the judiciary issues directions for ensuring that the right to equality, life, and liberty no longer remains illusory for those who suffer
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Public interest litigation on publication of property list of princely state of
Rajasthan Article 12 (1) and (II) of the agreement provides that immovable properties of former princely states which were public properties of the princely state on August 15, 1947, will be transferred to the state. In
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The bench clarified that it was necessary to erase the impression on some that the superior courts, by entertaining PIL petitions for the poor who could not seek protection of their rights, exceeded the unwritten boundaries of their jurisdiction. The judges said it was the duty of the judiciary to
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Public interest litigation gives a wider description to the right to equality, life and personality, which is guaranteed under part III of the
Constitution of India. It also functions as an effective instrument for changes in the society or social welfare. Through public interest litigation, any
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units, stating that the material was harmful to humans. The high court dismissed the petition, stating that it was filed at the behest of rival industrial groups who wanted to promote their products as asbestos substitutes. A similar petition was then submitted to the
Supreme Court. The plea was
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A PIL may be filed against state government, central government, municipal authority. Also, private person may be included in PIL as âRespondentâ, after concerned of state authority. i.e. a private factory in Mumbai which is causing pollution then public interest litigation can be filed against
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expressed concern over the misuse of PILs: âMany would argue that like in so many things in public life, in PILs too we may have gone too far. Perhaps a corrective was required and we have had some balance restored in recent timesâ. In what may be a tool against frivolous PILs, the Union
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The PIL concept deviates from the traditional adversarial justice system that is followed in the common law countries (past colonies of the UK), and this construct is in fact inquisitorial in nature which permits the judges to directly participate in the investigation of the case.
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declared by the courts of record. However, the person (or entity) filing the petition must prove to the satisfaction of the court that the petition serves the public interest and is not as a frivolous lawsuit brought for monetary gain. The 38th Chief
Justice of India,
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from the handicap of poverty, illiteracy and ignorance, and directions are given for implementation of the laws enacted by the legislature for the benefit of the have-nots, a theoretical debate is started by raising the bogey of judicial activism or overreachâ.
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began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
165:. Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the
227:. The Supreme Court decided that prisoners should receive free legal aid and fast hearings. As a result, 40,000 prisoners were released from jail. Thereafter many similar cases have been registered in the Supreme Court. It was in the case of
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were among the first judges to admit PILs in court. Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been heard as PILs.
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filed a petition in regards to the condition of the prisoners detained in the Bihar jail, whose suits were pending in court. The petition was signed by prisoners of the Bihar jail and the case was filed in the
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were inadequate; the benefits of welfare measures embodied in the legislation had not reached millions of poor people, and efforts to bridge the gap between rich and poor did not yield the desired results.
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A controversial study by social scientist Hans
Dembowski concluded that PILs had been successful in making official authorities accountable to NGOs. While Dembowski also found some effect at the
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Such cases may be filed for public interest when victims lack the capability to commence litigation or their freedom to petition the court has been blocked. The court may proceed
274:, 1982 (2) SCC 583 : 1982 SCC (Cri) 511 : AIR 1983 SC 339, the court treated a letter addressed to a judge of the court by the Free Legal Aid Committee in
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and Pai found evidence after photographing his original birth register which showed his real age which was 64. Ramachandra Iyer resigned on a request from the then
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after it was found the judge had forged his date of birth to avoid compulsory retirement at the age of 60 and his younger brother sent invitations to celebrate his
290:, 1995 KHC 486 : 1995 (2) KLT SN 74 : 1995 (3) SCC 743 : 1995 SCC (Cri) 600 : AIR 1996 SC 2193, the court entertained a letter from Shri
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to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice. After the
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as the case would damage the judiciary and he had resigned before the case came up for hearing this led the case to be dismissed as he had resigned.
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The Centre for Law and Policy Research, Bangalore (CLPR) hosts a Public Interest Lawyering Hub, where resources on PIL are available.
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The court shut down numerous industries and allowed them to reopen only after controlled pollution disposal in the Ganga basin.
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Cunningham, Clark D. "Public interest litigation in Indian Supreme Court: a study in the light of American experience."
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504:. The author, who claimed he was never officially notified by the court, republished the book online with German NGO
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353:, the court cited the misuse of public-interest litigation in business conflicts. A writ petition was filed in the
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The judgement of the case recognized sexual harassment as a violation of the fundamental constitutional rights of
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and in fact was instituted at the behest of a rival industrial group, which was interested in banning of [
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994:"Dravyavati river: 'Give revenue record of Dravyavati': Rajasthan High Court | Jaipur News - Times of India"
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and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice
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did not tackle underlying problems (such as inadequate town planning). Dembowsk wrote about it in his book,
223:. The petition was filed under the name of a prisoner, Hussainara Khatoon, and the case was therefore named
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Taking the State to Supreme Court - Public Interest Litigation and the Public Sphere in Metropolitan India
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294:(a journalist, in his capacity as President of Citizens for Democracy) to a judge of the court alleging
1056:"Supreme Court Judgment on Scavengers working under the Delhi Jal Board (Civil Appeal No 5322 of 2011)"
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that the Supreme Court of India defined the term "public interest litigation" in the Indian context.
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British Council's LEGAL eNEWS compares Indian and British experiences on public interest litigation
1024:"No trace of property docus of princely states: Centre to HC | Jaipur News - Times of India"
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government of Mumbai, state pollution central board including that private factory of Mumbai.
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the high court reached out to the people and devised a means for any person of the public (or
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The judgment said: âThis court wants to make it clear that an action at law is not a game of
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The concept of public interest litigation (PIL) is suited to the principles enshrined in
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public or person can seek remedy on behalf of the oppressed class by introducing a PIL.
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1130:- information about one of the most significant PILs on rights to food in the world
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Filing a PIL under article 32, 226 Constitution of India or section 133 Cr. P. C.
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protect the rights of every citizen and ensure that all lived with dignity.
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level, PIL cases dealing with major environmental grievances in the Kolkata
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Citizens for Democracy through its President v. State of Assam and Others
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Fundamental Rights, Directive Principles and Fundamental Duties of India
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PIL to challenge sexual harassment at workplace in the Supreme Courts.
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Under sec. 133 of the Criminal Procedure Code, in a magistrate's court.
302:(TADA) detainees; it was treated as a petition under Article 32 of the
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767:"PIL jurisprudence needs to undergo a change, writes Olav Albuquerque"
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in 2001. The publisher, however, discontinued distribution because of
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pointed out that laws enacted for achieving the goals set out in the
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PIL Dravyavati River by Committee for Protection of Public Properties
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redress. Any citizen can file a public case by filing a petition:
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The Supreme Court entertained a letter from two professors at the
1124:- detailed pages explaining various aspects of PILs in Indian law
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462:. The guidelines also directed for sexual harassment prevention.
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in cases where public interest is at stake. Bhagwati and Justice
335:(assisted by Bhagwati and Iyer) prepared a law regulating PILs.
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against the then sitting Chief Justice of the Madras High court
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Under Art 32 of the Indian Constitution, in the Supreme Court.
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Under Art 226 of the Indian Constitution, in the High Court.
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One of the earliest public interest litigation was filed by
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Judgments from the Supreme Court and Other Courts of India
1162:- Commonwealth website of Supreme Court of India Judgments
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Environmental Law Research and Guidance Foundation (India)
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independent study to be conducted on the impact of PILs.
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1146:- more judgments on Public Interest Environmental Law
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Divine Retreat Centre Vs. State of Kerala and Others
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dismissed, and the plaintiff was assessed a fine of
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Terrorist and Disruptive Activities (Prevention) Act
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Public interest litigation described on Helplinelaw
385:decision which set aside the services of a retired
49:. Unsourced material may be challenged and removed.
952:(3). Frankfurt am Main: Societäts-Verlag: 122â123.
270:who lived in inhuman and degrading conditions. In
792:"Public Interest Litigation (PIL) A Boon or Bane"
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366:100,000. The judgment read: âThe petition lacks
159:. It is a relaxation on the traditional rule of
1170:- official website of court judgements in India
1138:: a case where PIL introduced the case to court
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1154:- official website of Supreme Court of India
944:Dembowski, Hans (2009). "Erratic justice?".
822:"Introduction to Public Interest Litigation"
740:"G. Vasantha Pai vs Sri S. Ramachandra Iyer"
964:"The Tribune, Chandigarh, India - Opinions"
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326:In a September 2008 speech, Prime Minister
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710:"The controversy over age... then and now"
590:Constitution of India/Part IV (WikiSource)
16:Litigation undertaken for the general good
1135:Bodhisattwa Gautam vs. Subhra Chakraborty
943:
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346:acted upon a forged request from police.
109:Learn how and when to remove this message
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1088:from the original on 17 September 2013
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679:"Vasantha Pai, an advocate's advocate"
410:Parties against whom PILs can be filed
974:from the original on 8 September 2023
802:from the original on 8 September 2023
746:from the original on 25 December 2011
438:
58:"Public interest litigation in India"
1062:from the original on 7 November 2011
225:Hussainara Khatoon Vs State of Bihar
47:adding citations to reliable sources
18:
1176:Journal of the Indian Law Institute
925:from the original on 7 January 2014
765:Albuquerque, Olav (29 April 2022).
708:P. M. Belliappa (29 January 2011).
219:before the bench headed by Justice
123:The chief instrument through which
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1004:from the original on 6 August 2022
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720:from the original on 11 April 2021
689:from the original on 25 April 2021
492:which was originally published by
272:Miss Veena Sethi v. State of Bihar
14:
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1103:
1036:from the original on 6 March 2018
877:Bharat, Amar (24 October 2017).
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250:) approaching the court to seek
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1128:Right to Food Campaign in India
1082:"Public Interest Lawyering Hub"
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351:Kalyaneshwari vs Union of India
34:needs additional citations for
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389:(IPS) officer employed by the
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500:proceedings initiated by the
467:M. C. Mehta v. Union of India
445:Vishaka v. State of Rajasthan
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611:Rule according to higher law
549:Preamble to the Constitution
391:Tirumala Venkateswara Temple
310:Frivolous PILs not permitted
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946:Development and Cooperation
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333:Ministry of Law and Justice
127:has flourished in India is
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1208:Judicial activism in India
229:SP Gupta vs Union of India
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129:public interest litigation
911:Taking the State to Court
796:www.legalserviceindia.com
383:Andhra Pradesh High Court
1198:Law enforcement in India
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188:who filed a case in the
137:social action litigation
539:consisting of Justices
494:Oxford University Press
357:seeking the closure of
344:Reliance Communications
256:V. R. Krishna Iyer
1203:Civil law (common law)
1159:Supreme Court of India
1151:Supreme Court of India
531:Further considerations
217:Supreme Court of India
202:Chief Justice of India
846:Constitution of India
640:Constitutional theory
635:Constitution of India
387:Indian Police Service
304:Constitution of India
240:Constitution of India
180:Constitution of India
147:undertaken to secure
685:. 16 February 2009.
205:P. B. Gajendragadkar
43:improve this article
502:Calcutta High Court
486:urban agglomeration
264:University of Delhi
194:S. Ramachandra Iyer
1120:2009-02-20 at the
1058:. 21 August 2011.
1029:The Times of India
998:The Times of India
968:m.tribuneindia.com
889:on 29 October 2017
771:Free Press Journal
545:Asok Kumar Ganguly
541:G. S. Singhvi
439:Landmark PIL cases
355:Gujarat High Court
321:S. H. Kapadia
210:In December 1979,
858:[AIR 2008 SC 1614
828:on 5 October 2013
742:. Indian Kanoon.
592:for more details.
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157:V.R. Krishna Iyer
125:judicial activism
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1008:9 September
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806:8 September
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606:Rule of law
456:Articles 14
316:rule of law
236:Article 39A
1187:Categories
893:7 December
666:References
566:sua sponte
506:Asia House
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460:15, and 21
397:Importance
276:Hazaribagh
178:See also:
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1092:27 August
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714:The Hindu
683:The Hindu
630:Legal aid
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