PUBLIC INTEREST LITIGATION : ENPOWERING THE VOICELESS AND PROTECTING THE PUBLIC GOOD

 

Public interest litigation`(PIL) refers to legal action initiated in a court of law, on behalf of the public at large , to enforce a public right or to protect interest. It is a means of providing justice to those who may not have that resources or access to the court to pursue their legal rights.

The importance of PIL lies in its ability to address social and public issues that may otherwise go unaddressed . PIL enables marginalized and disadvantaged sections of society to seek justice and redress for violations of their rights.

The need for PIL  arises from the fact that traditional litigation often require individualized proof of  and the ability to bear the costs of litigation, making it difficult for people who face widespread and systemic violations of their rights to seek remedy.

The constitutional provisions for PIL can be found in the right to equality and the right to life and personal liberty under articles 14 and 21 of Indian constitution , respectively .

Despite the benefits PIL has certain limitations . Some criticisms of PIL include the tendency of courts to over reach their jurisdiction, the potential for abuse of the system by interest groups , and the high cost of litigation. Additionally , the increasing use of PIL as a tool for activism has led to a back log of cases, leading to delays in the dispensation of justice.

In conclusion PIL is an important tool for ensuring that the legal system serves the needs of all members of society , regardless of their resources or social status. How ever it is crucial to balance its benefits with its limitations to ensure that it serves its intended purpose of providing justice to all.