ROLE OF PUBLIC INTEREST LITIGATION IN THE PROTECTION OF HUMAN RIGHTS IN INDIA

Bhagwant University Ajmer Rajasthan,Department of Political Science

In India Public Interest Litigation (PIL) in Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary that the person who is the victim of the violation of his or her right should personally approach the court. Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon.1The concept of public interest litigation as against the rule of locus was evolved by our courts in the 1980s to help the weaker sections of society, who due to their poverty, ignorance and illiteracy, were not able to assert their rights. Justice Krishna Iyer in Fertilizer Corpn Kamgar Union v Union of India2 made a forceful plea that the "law should not be a closed shop", else "the system may crumble under the burden of its own insensitivity". Thereafter in S.P. Gupta v Union of India3 (commonly called the first Judges case) and in Bandhua Mukti Morcha v Union of India4, Justice Bhagwati evolved the concept of "public injury" and allowed a public spirited citizen to approach the court for redressal of public injury relating to environment, human rights, administration of justice, arbitrary action of the executive, investigation of cases involving persons occupying high-public offices, etc

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