MSD - PIL

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    21-Apr-2017
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Transcript of MSD - PIL

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PUBLIC INTEREST LITIGATION JOT SINGHMANAV RACHNA INTERNATIONAL UNIVERSITY

What is PIL?This is a Litigation for the protection of the public interest .Public Interest Litigation (PIL) was a revolutionary innovation which attempted to ensure implementation of rescue programs, framed for the benefit of the needy.It also compelled the government and its authorities to perform their task.

Features of PILInjury to disadvantaged section to whom justice is not accessibleSufficient interestBreach of public dutyMust seek enforcement of such duty

MERITS OF PIL 1. In Public Interest Litigation (PIL) citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.2. The litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment

DEMERITS OF pil1. The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation.2. It has also been increasingly felt that PIL is being misused by the people to grab public interest and seeking publicity.

Matters Pertaining to PILHUMAN RIGHTS ENVIRONMENTPUBLIC ACCOUNTABILITYISSUES AND CONTROVERSIES

Protection of Human RightsFake encounter killings by police.Rape victims Harassment of working women Blood Banks defects in collection , storage and supply of blood .Eg ) PUBLIC PROTEST AGAINST THE DELAY IN THE CONSTRUCTION OF ROADS IN JABALPUR.

Protection of Environment The areas in which PIL has been significant is environment law .It deal in the closing down of polluting industries , enforcing pollution standards for the safety of the workers .Eg ) The Taj mahal Case

The Taj Mahal Case

Public Accountability All the Scams come under the public accountability .The court had assured that the persons exercising discretion in public , whether it is petrol pumps , rivers or government accommodation are accountable for their actions. Eg ) The pollution of the Holy River Ganga Eg ) The River Narmada Case comes under Controversies and Environment

River Narmada

River Ganga

Education of Public Concerning PILCreating awareness in school/ Collages regarding matters pertaining to PIL.Defining the responsibilities of various public dept. Setting limits for execution of public welfare projects such as road construction , sewage pipelines etc .

Environmental Education

PILs limitationsPILs have various limitations which include petitioners having no legal right to compel the government to appoint a commission of enquiry. CBI enquiries are not possible and only legal litigation subjected to personal grievances is allowed.

CONCLUSIONPublic interest litigation is a process to put any public problem in the eyes of law but as it is said that nothing can be fully good so there are some good feature as well as bad . Public Interest Litigation is the power given to the public by courts through judicial activism.

Thank you