DMPQ- What do you mean by PIL? How effective PIL is ensuring social justice.

Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. The introduction of PIL in India was facilitated by the relaxation of the traditional rule of ‘locus standi’.

PIL has been an effective tool to ensure social justice:

Through PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment. For instance, Environmental jurisprudence has developed around the rubric of public interest petitions. Principles such as the polluter pays and the public trust doctrine have evolved during the adjudication of public interest petitions.

Democratization of access of justice: This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary jurisdiction.

Inexpensive legal remedy: The citizen can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.

Powerful tool: Public Interest Litigation (PIL) is a powerful tool in the hands of a vigilant citizens of the country to espouse the cause of the marginalised and oppressed. Example: The Vishaka judgment recognized sexual harassment as “a clear violation” of the fundamental constitutional rights of equality, non-discrimination, life, and liberty, as well as the right to carry out any occupation.

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