Author: Anshika Kumari, Shri Ramswaroop Memorial University
ABSTRACT
Public Interest Litigation (PIL) means going to court not for your personal problem, but to help other people or to fix a problem that affects the public. One of the most transformative aspects of PIL has been its ability to transcend procedural rigidities and cater to individuals and groups who are often unable to approach the court. This research paper critically examines the effectiveness of PIL with respect to age-related issues, particularly focusing on children, adolescents, and the elderly. It explores how PIL has served as a remedy to secure the rights of vulnerable age groups and evaluates landmark judgments, its limitations, and its potential for future use.
INTRODUCTION
In traditional litigation, the aggrieved party must approach the court. However, with the evolution of Public Interest Litigation (PIL) in India, the courts have opened their doors to concerns raised by third parties on behalf of those who may not be able to approach the judiciary themselves. This flexibility is particularly crucial when addressing issues affecting specific age-based groups, such as minors or senior citizens, who may face limitations in understanding, access, or mobility.
EVOLUTION OF PIL IN INDIA
1. Pre-Emergence Phase (Before 1980)
Before the 1980s, the Indian legal system followed a strict rule of locus standi, which meant that only the person directly affected by an issue could approach the court. This made it difficult for poor and illiterate people to get justice.
2. The Birth of PIL (1980s)
The concept of PIL truly began to grow in India in the early 1980s. It was during this time that the Supreme Court of India relaxed the traditional rule of locus standi. Now, any public-spirited could file a case on behalf of the poor or oppressed. This shift was heavily influenced by the activism of judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.
3. Expansion Phase (1990s)
• Environmental protection (e.g., Ganga pollution case)
• Bonded labor
• Child labor
• Women’s rights
• Right to education
The courts actively took Suo motu (on their own) actions and even accepted letters and postcards as PILs. This phase was known for judicial activism.
4. Institutionalization and Regulation (2000s onwards)
As PILs became popular, some people began to misuse them for personal or political interests. To prevent this, the Supreme Court laid down guidelines to ensure PILs are filed for genuine public causes only.
Example:
• State of Uttaranchal v. Balwant Singh Chaufal (2010): The court set rules to prevent misuse of PILs and preserve their credibility.
5. Modern-Day PILs (2010–Present)
Today, PILs are used to address many critical issues such as:
Climate change
Right to privacy
Internet access
Police reforms
Prisoner rights
However, the courts now take a more balanced approach, focusing on both genuine public interest and judicial discipline, to avoid overstepping into the domain of the legislature or executive.
PIL IN CONTEXT OF AGE GROUPS
A. Children and Adolescents
Children are often voiceless in the legal system. PIL Generates various rights such as:
1. Child Labor – M.C. Mehta v. State of Tamil Nadu (1996):
The court issued directions to eliminate child labor and ensure education and rehabilitation.
2. Unni Krishnan, J.P. v. State of Andhra Pradesh (1993):
Affirmed the right to free and compulsory education up to age 14 as a fundamental right (now Article 21A).
3. Protection Against Abuse – Bachpan Bachao Andolan v. Union of India (2011):
Court directed police reforms and rescue operations for trafficked and missing children.
B. Elderly/Senior Citizens
Elderly citizens, often neglected and abused, have seen PIL as an instrument to assert their rights.
1. Welfare and Maintenance – Ashwani Kumar v. Union of India (2018)2. Healthcare Rights:
2. PILs have addressed the lack of geriatric care in public hospitals, poor conditions in old age homes, and access to pensions.
3. Social Security & Abuse Protection:
Courts have stressed the responsibility of the state to ensure protection from neglect and exploitation.
THE PROOF
Constitutional Backing
Public Interest Litigation is not explicitly mentioned in the Constitution, but it derives its authority and power from several fundamental rights and constitutional provisions, mainly:
•Article 32
•Article 226
•Article 21
These articles empower individuals to approach the courts if any fundamental right is violated, and through PIL, others can also approach the court on behalf of the victim.
Judicial Interpretation
PIL was recognized and expanded by the judiciary, especially in the 1980s. The Supreme Court of India, through a series of landmark judgments, relaxed the traditional rule of “locus standi”, allowing a third party (not personally affected) to file a case in the public interest.
CASE LAWS
1. S.P. Gupta vs Union of India (1981)
• Decision: Allowed any citizen to approach the court for public interest.
• Impact: Gave birth to PIL as a legal tool by expanding the concept of locus standi (standing to sue).
2. Bandhua Mukti Morcha v. Union of India (1984)
• Decision: Declared bonded labor unconstitutional; ordered rehabilitation.
• Impact: Strengthened Right to Dignity and Right to Livelihood.
3. Vishaka v. State of Rajasthan (1997)
• Issue: Sexual harassment of a social worker in Rajasthan.
• Decision: Issued Vishaka Guidelines to prevent workplace harassment.
• Impact: Filled legislative gaps until POSH Act (2013) was enacted.
COMPARATIVE INSIGHT
Success Factors:
– Judicial activism and empathy towards vulnerable age groups.
– Media attention ensures pressure on executive authorities.
– Leads to policy changes, schemes, and better implementation.
Challenges:
– Misuse of PILs for publicity or private interest.
– Judicial overreach may hinder executive functions.
– Delay in implementation of court directions.
– Need for post-judgment monitoring.
In other jurisdictions (e.g., U.S., U.K.), public interest litigation exists in limited form. Indian courts have uniquely used PIL to bridge the access gap for children and elderly. For example:
– U.S.: Class action suits are more common.
– India: PIL allows for broader representation and relief.
RECOMMENDATIONS
– Strengthen follow-up mechanisms to ensure implementation.
– Set up special PIL benches for age-related matters.
– Encourage legal aid cells to represent minors and elderly.
– Integrate NGOs and civil society for long-term monitoring.
– Ensure that PILs for age-based rights are not dismissed on technical grounds.
CONCLUSION
Interest Litigation in India has emerged as a guardian of the rights of children and the elderly. It has effectively stepped in where legislation, administration, or family support have failed. While challenges remain, its strategic use continues to be an indispensable remedy for protecting the interests of vulnerable age groups.
FAQS
1. What is Public Interest Litigation (PIL)
PIL is litigation filed in a court of law for the protection of “public interest,” particularly where the rights of disadvantaged or marginalized groups are concerned. It is a tool for social justice, allowing even third parties (not directly affected) to seek legal remedies on behalf of others
2. Who can file a PIL?
Anyone — including a public-spirited citizen, NGO, or organization — can file a PIL without being personally affected by the issue, as long as the matter affects the broader public interest.
3. Which courts entertain PILs?
• Supreme Court (under Article 32 of the Constitution)
• High Courts (under Article 226)
• In rare cases, even District Courts may admit PILs in specific jurisdictions.
4. PILs may address:
• Environmental protection
• Human rights violations
• Misuse of public office or corruption
• Violation of fundamental rights
• Non-implementation of laws/policies
• Welfare of underprivileged groups
