Public interest litigation

 Public interest Litigation,

In simple words, means, litigation filed in a court of law, for the protection of Public Interest, such as pollution, Terrorism, Road safety, constructional hazards etc.

Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed. For e.g.

- Violation of basic human rights of the poor

- Content or conduct of government policy

- Compel municipal authorities to perform a public duty.

- Violation of religious rights or other basic fundamental rights

Examples of PIL (Public Interest Litigation)

The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that they will abide by the Cable Television Network Act 1995 as well as the court's orders by tomorrow, in view of larger public interest.

A division bench comprising Justices R M Lodha and S A Bobde were hearing a Public Interest Litigation (PIL) filed by Professor Pratibha Nathani of St Xavier's College alleging that films without certification by the Censor Board for Film Certification (CBFC) allowing 'free public exhibition', were being shown on cable channels, which have a bad impact on children. Hence, such films should not be shown and action be taken against those still running such content on their channels.

The court on 23 August had allowed the cable operators and channels to screen only 'U' and 'U/A' certified films.

However, before that order, the police had taken action against the Multi-system operators and seized their decoders due to which they could not telecast certain channels. Assistant Commissioner of Police Sanjay Apranti told the court that they did not have a problem if the channels provided the cable operators with new decoders.

Also, Zee Television and Star Television networks applied for the declaration in writing that they would abide by the said Act and court orders.

The court also directed seven channels -- Star Movies, Star One, Star Gold, HBO, ZEE Movies, AXN and Sony Max -- to furnish a list of all the films that they were to screen to the police.

The value of public interest litigation

Public interest litigation can:

• Clarify the law.

 

• Hold public bodies to account by ensuring that they make appropriate decisions, act fairly and transparently and within the remit of their powers. 

 

• Help develop the law by giving judges the opportunity to interpret legislation.

 

• Give vulnerable people a voice by highlighting an important issue and providing a platform for advocating for their rights.

 

• Raise awareness of important issues encouraging public debate and media coverage.

Abuse of PIL:

The abuse of PIL has become more rampant than its use and genuine causes either receded to the background or began to be viewed with the suspicion generated by spurious causes mooted by privately motivated interests in the disguise of the so-called public interests.

Steps necessary:

With the view to regulate the abuse of PIL the apex court itself has framed certain guidelines (to govern the management and disposal of PILs.) The court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political or other oblique considerations. The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives. Political pressure groups who could not achieve their aims through the administrative process or political process may try to use the courts (through the means of PILs) to further their closely vested aims and interests.

Public interest Litigation,

By - Shambhavi 

VIP-AUTHOR