MSD - PIL

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PUBLIC INTEREST LITIGATION JOT SINGH MANAV RACHNA INTERNATIONAL UNIVERSITY

Transcript of MSD - PIL

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PUBLIC INTEREST LITIGATION

JOT SINGH

MANAV RACHNA INTERNATIONAL

UNIVERSITY

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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.

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FEATURES OF PIL

Injury to disadvantaged section to whom

justice is not accessible

Sufficient interest

Breach of public duty

Must seek enforcement of such duty

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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

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DEMERITS OF PIL

1. 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.

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MATTERS PERTAINING TO PIL

HUMAN RIGHTS

ENVIRONMENT

PUBLIC ACCOUNTABILITY

ISSUES AND CONTROVERSIES

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PROTECTION OF HUMAN RIGHTS

Fake 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.

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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

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THE TAJ MAHAL CASE

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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

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RIVER NARMADA

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RIVER GANGA

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EDUCATION OF PUBLIC CONCERNING PIL

Creating 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 .

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ENVIRONMENTAL EDUCATION

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PIL’S LIMITATIONS

PILs have various limitations which includepetitioners having no legal right to compel thegovernment to appoint a commission of enquiry.

CBI enquiries are not possible and only legallitigation subjected to personal grievances isallowed.

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CONCLUSION

Public 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.

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THANK YOU