Public Interest litigation : Tool for Protecting Human Rights in India

Abstract

Public Interest Litigation (PIL) means litigation initiated for the protection of Public Interest. In India, PIL is now considered to be effective medium to protect the public interest in India. This Litigation is recognized as a distinctive feature of the Indian judiciary. In the beginning the PIL was seen as a tool used by the public spirited citizens and social activist to drum up the judicial concern for the victimized and exploited groups from society. It is powerful weapon of judicial activism to protect Public interest. Conventional rule is that when a fundamental right of any individual is infringed, he or she can move to Supreme Court for its enforcement. But in country like India we are still facing the issue like illiteracy, poverty, unemployment etc. Then it is hard to believe that the people are aware that they can initiate action if their fundamental rights are infringed they can move to court. This is because of two reasons, one they are not aware about the enforcement of fundamental rights and they scare because they are not having financial background to initiate legal proceedings. Therefore the idea behind the concept of PIL was that the one who without his any personal interest wants to do something for the victimized or exploited group then he can initiate litigation in higher courts on behalf of them. But this action must be bonafide. The introduction of PIL is nothing but the revolution bought by Indian judges to strengthen the democracy.