Know What is A PIL and How Should it be Filed

1. Know What is A PIL and How Should it be Filed As a citizen of India, you have the right the raise your voice against issues, government policies or violations that impact the social milieu and can have long-term consequences. A Public Interest Litigation (PIL) is that powerful means or tool to bring these matters into focus. As a rule, every PIL is filed before the relevant High Court of a state or the Supreme Court of India. You may get free lawyer consultation to know the procedure of filing a PIL. What does filing a PIL entail? Since a PIL has far-reach ramifications, it is always advisable to conduct a thorough research on the issue being raised as it concerns not a single individual but the society at large. So the first step should also include consultation with stakeholders and affected parties. You have the option to appear in court ‘in person’, instead of being represented via a lawyer. Have the facts on your fingertips. For a PIL that is being filed in the High Court, two copies are required. If a PIL is being filed in SC, then you have to file five copies. In both scenarios ensure copies of the PIL are supplied in advance to the respondent(s). Checklist of issues that cannot be filed as PIL Service matters. Petitions seeking early hearing in cases which are already pending hearing in the relevant lower court or High Court, of a jurisdiction. Pension and gratuity matters. Landlord-tenant matters. India’s Two Iconic PILs Which Heralded Change Vishakha Vs State of Rajasthan Bhanwari Devi attempted to stop the child marriage of a one-year-old girl in rural Rajasthan. After tormenting and harassing her, local community members boycotted her family and gang raped her on Sept 22, 1992.Unable to get justice from court, Naina Kapoor a lady lawyer who attended Bhanwari Devi’s trial filed a PIL. Women's activists and lawyers have propagated the view that Bhanwari was brutalized on the basis of her work. Several NGOs from Rajasthan filed a Public Interest Litigation (PIL) in the Supreme Court of India, under the collective platform of Vishakha. The petition, was against the State of Rajasthan and the Union of India, resulted in what are popularly known as the Vishakha Guidelines. The judgment of August 1997 provided the basic definitions of sexual harassment at the workplace and provided guidelines to deal with it. MC Mehta vs Union of India (Ganga Case) This was a landmark case revolved around the toxic, untreated sewage from Kanpur’s tanneries that was flowing into the Ganga River. This made the water unsafe for drinking, bathing purposes besides

2. destroying the river ecosystem as well. While holding the Kanpur Mahapalika responsible for not taking action against pollution, the Supreme Court observed,“The Central Government has a duty to prevent pollution and improve the environment. It is, therefore, the Central Government’s duty to increase awareness in the nation by providing for compulsory study of the natural environment.” It further directed the High Court to refrain from ordering a stay of criminal proceedings when the State Board has instituted criminal prosecution against industrialists for pollution. Recently, the Supreme Court has come down heavily in several cases where PILs have been filed on ‘frivolous grounds.’ Therefore the apex court has laid down certain guidelines. These are: Petitioner’s credentials have to be verified before PIL is filed. Facts mentioned in the PIL have to be ascertained. PILs with bigger public interest will take precedence. Genuine PILs to get a green signal. Impose cost on frivolous PILs. Typically, for filing any PIL there you have to bear a cost of Rs 50 and subsequently pay our lawyer the litigation fees which is separate. A PIL may take several years to wrap up. But the judiciary will pass necessary directions for action in the matter depending on the situation.