The Role of Public Interest Litigation (PIL) in India's Social Issues

The Role of Public Interest Litigation (PIL) in India's Social Issues
5 min read
29 November 2023

Public Interest Litigation (PIL) is a unique and influential legal action in India, having played a pivotal role in addressing a wide range of social issues. It has significantly transformed the Indian justice system by expanding access to the courts – whereas previously only the victim of a grievance could file a case, PIL empowers any public-spirited citizen to initiate legal proceedings in the interest of the greater good.In this blog, we will delve into the various facets of Public Interest Litigation (PIL) and explore its profound impact on reinforcing the principles of social justice in India.

1. Understanding PIL:

Public Interest Litigation (PIL) refers to a legal case or petition initiated in a court to protect, uphold, or enforce public interest. Public interest encompasses the rights and concerns of society, specific communities, or groups of people. PILs are designed to address issues that affect the legal rights of a community or the broader public.Article 39A of the Indian Constitution indeed imposes an important obligation on the State to provide free legal aid to ensure that all citizens have access to justice. Article 39A of the Indian Constitution is indeed closely related to the concept of Public Interest Litigation (PIL) and the principles of access to justice.

In India, Public Interest Litigation (PIL) finds its roots in the judicial activism of the Supreme Court, making it an essential aspect of legal education in many BA LLB colleges.The concept of PIL was introduced in the 1980s and was notably shaped by the contributions of prominent jurists such as Justice VR Krishna Iyer and Justice PN Bhagwati.

2. Social Justice and Human Rights:

Social justice entails the equitable distribution of resources to eliminate inequalities within society. It emphasizes the need for fairness and equal opportunities, ensuring that no one is disadvantaged or discriminated against due to their social, economic, or cultural background.The Preamble of the Indian Constitution indeed underscores the importance of social justice. Education is indeed a powerful tool for reducing inequalities and promoting social justice. Students in BA LLB colleges across the country often study landmark PIL cases as part of their legal education to understand how the law can be a force for positive change. The Right to Education Act of 2009 (RTE) in India, which was brought about with the help of Public Interest Litigation (PIL), has been a crucial step in this direction. The right to education has been recognized as a fundamental right under Article 21 of the Constitution. This landmark legislation aims to ensure that all children in the country have access to free and quality education, regardless of their socio-economic background. By making education a fundamental right, the RTE has contributed significantly to reducing disparities and promoting social justice in India.

 3. Environmental Concerns:

Environmental problems are inherently public in nature, affecting society as a whole. These issues, such as climate change and global warming, have posed significant challenges. However, PIL has played a crucial role in addressing and mitigating environmental concerns in India to a substantial degree. In the case of M.C. Mehta vs. Union of India, the Supreme Court ruled that vehicular emissions contributing to air pollution in Delhi amounted to a violation of the right to life as enshrined in Article 21 of the Constitution. As a result, the court mandated that all commercial vehicles operating in Delhi transition to using Compressed Natural Gas (CNG) as a fuel source to protect public health.

4. Impact on Policy and Legislation:

Public Interest Litigation (PIL) has undeniably had a substantial influence on policy and legislation in India. It has been a key advocate for various social justice issues, including women's rights. For instance, the Vishaka case played a pivotal role in the development of guidelines and laws addressing sexual harassment in the workplace. This landmark case contributed to the formulation of crucial legal measures that protect and promote the rights of women in the workplace, furthering the cause of gender equality in India.

5. Conclusion:

In conclusion, Public Interest Litigation (PIL) has emerged as a potent force for advancing social justice and addressing a wide range of social issues in India. This unique legal tool has transformed the Indian justice system by opening the doors of the court to public-spirited citizens who seek to champion the greater good. It has become a powerful vehicle for promoting equality, upholding human rights, and safeguarding the environment.

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IILS India 3
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