Public Interest Litigation (PIL)

Meaning

A Public Interest Litigation (PIL) is not defined in any law, statute or act. It is filed before the courts
under the Constitution of India to protect public rights and promote general welfare. The concept of PIL
originated in India from the power of judicial review. A PIL is filed in a court not by the aggrieved
person but by a private person interested in public welfare and betterment of society.

Anyone can file a PIL for any matter affecting the interest of the public, such as road safety, pollution,
construction hazards, terrorism, neglected children, atrocities on women, exploitation of casual workers,
bonded labour, non-payment of minimum wages to workers, food adulteration, disturbance of ecological
balance, maintenance of heritage and culture, etc. The primary objective behind PILs is to provide
justice to all and promote the welfare of the people.

Importance of Public Interest Litigation

PIL is a vital tool to enforce the human rights of those people who do not have access to them due to
poverty or such other reasons. It also helps judicially monitor state institutions like protective homes,
prisons, asylums, etc. PIL aims to facilitate common people to access the courts to seek redress in legal
matters. It is a crucial tool for social change, accelerating the attainment of justice and law and upholding
the rule of law.

PIL has been critical in bringing about political and social change in India and has been instrumental in
exposing and addressing various issues affecting the public. PIL has been used to protect the rights of the
marginalised, such as bonded labourers, slum dwellers and prisoners and helped to improve their living
conditions. It is used for safeguarding group interests for which fundamental rights have been provided.

The original goal of PILs was to make justice available to the marginalised and underprivileged. It aimed
to make justice accessible to everyone. Later on, the scope of PIL was expanded to implement the legal
obligation of the executive and legislature through judicial review.

PILs guarantee judicial review of administrative actions through increased public participation. PILs have
commonly been used to challenge the decisions of public authorities by the parameters of judicial review,
the lawfulness of a decision or action, or to review a failure to act.

PIL AS AN INSTRUMENT OF SOCIAL CHANGE

PIL is working as an important instrument of social change. It is working for the welfare of every section
of society. The innovation of this legitimate instrument proved beneficial for the developing country like
India. PIL has been used as a strategy to combat the atrocities prevailing in society. It’s an institutional
initiative towards the welfare of the needy class of the society.
In Bandhu Mukti Morcha v. Union of India, SC ordered for the release of bonded laborers. In Murli S.
Dogra v. Union of India, court banned smoking in public places.
In Vishaka v. State of Rajasthan Supreme court has laid down exhaustive guidelines for preventing
sexual harassment of working women in place of their work.
Who can file a Public Interest Litigation?

All Indian citizens or organisations can file a public interest litigation petition before the Supreme Court
under Article 32 of the Constitution of India or the High Courts under Article 226 of the Constitution of
India. However, the person or organisation filing the PIL petition must prove to the court that the PIL is
being filed for an issue concerning public interest and that it will benefit the public at large.

A PIL can only be filed against the Central Government, municipal governments or State Government
and not against individuals

IMPORTANT FEATURES OF PIL

1) By creating a new regime of human rights by expanding the meaning of fundamental right to
equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means
and livelihood, education, housing, medical care, clean environment, right against torture, sexual
harassment, exploitation and so on emerge as human rights. These new reconceptualized rights provide
legal resources to activate the courts for their enforcement through PIL.

2) By 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.

3) By fashioning new kinds of reliefs under the court’s writ jurisdiction.

4) By judicial monitoring of state institutions such as jails, women’s protective homes, juvenile homes,
mental asylums, and the like.

Introduction to PIL in Labour Organisation and Labour Laws

Public Interest Litigation (PIL) is a tool in India that allows individuals or groups to seek legal remedies
in matters where the public or a marginalized group’s rights are at stake. It has played a significant role in
labour organization and the enforcement of labour laws, especially where workers are unable to approach
courts due to financial or social constraints.

PIL in labour matters primarily focuses on ensuring workers' rights, improving working conditions, and
enforcing minimum standards of labour welfare. Courts have often intervened using PILs to address
violations of labour laws, ensuring compliance with statutory provisions like the Factories Act, Minimum
Wages Act, and the Bonded Labour (Abolition) Act.
Case Laws on PIL and Labour Laws

1. People’s Union for Democratic Rights v. Union of India (1982 AIR 1473)

Facts:

A PIL was filed by the People's Union for Democratic Rights regarding the exploitation of workers
employed in the construction of the Asian Games facilities in Delhi.

Legal Issue:

The petitioners argued that the contractors were violating labour laws, including non-payment of
minimum wages and employing bonded labourers.

Judgment:

The Supreme Court held that non-payment of minimum wages amounts to forced labour under Article 23
of the Constitution. It emphasized that fundamental rights are enforceable even in PILs where the affected
workers themselves may not approach the court.

Significance:

This case established that PIL can be used to enforce statutory labour laws and ensure fundamental rights
of workers.

2. Bandhua Mukti Morcha v. Union of India (1984 AIR 802)

Facts:

A PIL was filed by a non-governmental organization (Bandhua Mukti Morcha) concerning bonded
labourers in stone quarries in Haryana.

Legal Issue:

The petition sought the court's intervention to enforce the Bonded Labour (Abolition) Act, 1976.

Judgment:

The Supreme Court held that bonded labour violates Article 21 (Right to Life) and directed the
government to take necessary actions for their rehabilitation.

Significance:

This case widened the scope of PIL in addressing systemic violations of labour rights and ensuring
implementation of welfare laws.

Conclusion

PIL has played a crucial role in labour law enforcement in India by ensuring access to justice for
disadvantaged groups and compelling authorities to uphold statutory obligations. Courts have often
treated violations of labour laws as violations of fundamental rights, thereby expanding the ambit of
judicial intervention in labour matters.