What is Public Interest Litigation?
Question
What is Public Interest Litigation?
Solution
Public Interest Litigation (PIL) is a legal action taken in a court of law for the protection of public interest. It is not necessary that the person who is the victim of the violation of his or her right should personally approach the court. In a PIL, the right to file suit is given to a member of the public by the courts through judicial activism.
Here are the steps to explain what Public Interest Litigation is:
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Definition: Public Interest Litigation (PIL) is a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a community has some pecuniary interest or some interest by which their legal rights or liabilities are affected.
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Purpose: The purpose of PIL is to give the common people, who do not have the means to fight a legal battle, access to justice. It is a tool to make human rights available to the marginalized sections of society.
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Who can file: Any individual or non-governmental organization can file a PIL. It is not necessary for the person who has suffered the injury to file the case. Any person can approach the court on behalf of the victim.
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Courts involved: PIL can be filed in any High Court or directly in the Supreme Court. It is not necessary to follow the traditional process of filing cases that is followed in other cases.
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Issues addressed: PIL is used for various matters such as pollution, terrorism, road safety, constructional hazards, etc. It is also used to promote social justice.
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Impact: PIL has helped in maintaining the social and economic balance by protecting the rights of the poor and marginalized. It has also played a significant role in the development of human rights jurisprudence in India.
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There are two types of cases - civil and criminal. Civil cases usually involve conflict between people orinstitutions on issues such as breach of contract, property dispute, dispute between property owner andtenant, divorce and even minor accidents. In such cases, the aggrieved party files a case in the court andthe decision involves granting of certain respite to the victorious party.Criminal cases involve gross violation of law that includes theft, murder, fraud, harassment for dowry,molestation, drunken driving, etc. In criminal cases, initially a First Information Report (FIR) is lodged withpolice, who then probe the crime and ultimately a case is filed in the court. If the accused is found to beguilty, sentence varies from simple fine to death sentence.Ideally, all citizens of the country can approach the court for redressal of his or her grievances. In case ofviolation of Fundamental Rights, citizens of the country can seek justice from the court However, in realitythe situation is different Majority of the population is extremely poor, leads a hand-to-mouth existence andmost importantly is uneducated. They neither have the means nor time to get involved in lengthy legalproceedings. Lack of education further adds to their misery.a) In what type of cases, FIR is lodged.b) Give examples of civil and criminal cases.c) State any two reasons for not having access to courts by all people.Q.3 Answer the following questions.a) Explain the original jurisdiction exercised by the Supreme Court.b) Write any two climatic conditions required for the growth of following crops:1) Golden Fibre2) Rice3) Any one beverage crop.Q.4 Choose the correct option:
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