Environment Management

Assignment II

Public Interest Litigation

Submitted to: Mrs. Anu Kohli

Masters of Business Administration

Department of Business Administration
University Of Lucknow

Name: Anuradha Sharma

Roll No: 12
MBA (regular)
Semester- I, 2010
Origins of Public Interest Litigation

Prior to the 1980s, only the aggrieved party could approach the courts for justice.
However, post 1980s and after the emergency era, the apex court decided to reach
out to the people and hence it devised an innovative way wherein a person or a civil
society group could approach the supreme court seeking legal remedies in cases
where public interest is at stake.

What is Public Interest Litigation?

Litigation for public interest (PIL) was started to protect the fundamental rights of
people who are poor, ignorant or in socially / economically disadvantaged position.

It is different from ordinary litigation, in that it is not filed by one private person
against another for the enforcement of a personal right. The presence of 'public
interest' is important to file a PIL.

It has the effect of making judicial process little more democratic.

When Can Public Interest Litigation be filed?

A PIL can be filed when the following conditions are fulfilled:

• There must be a public injury and public wrong caused by the wrongful act or
omission of the state or public authority.

• It is for the enforcement of basic human rights of weaker sections of the

community who are downtrodden, ignorant and whose fundamental and
constitutional rights have been infringed.

• It must not be frivolous litigation by persons having vested interests.

Against Whom can Public Interest Litigation be filed?

A Public Interest Litigation can be filed only against a State or Central Government,
Municipal Authorities, and not any private party.

However a "Private party" can be included in the Public Interest Litigation as a

"Respondent", after making the concerned State authority a party.

For example, in the case of a private factory in say Delhi is causing pollution, then
people living in its vicinity or any other person can file a PIL against the Government
of India, the State Pollution Board and also against the private factory.

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 However, a PIL cannot be filed against the private party alone; the concerned
State Government, and State authority has to be made a party

Who may file Public Interest Litigation?

• A Public Interest Litigation (PIL) can be filed in any High Court or directly in
the Supreme Court.

• It is not necessary that the petitioner has suffered some injury of his own or
has had personal grievance to litigate.

Any person can file a PIL provided:

• He is a member of the public acting bona fide and having sufficient interest in
instituting an action for redressal of public wrong or public injury.

• He is not a mere busy body or a meddlesome interloper.

• His action is not motivated by personal gain or any other oblique

consideration

How to file a Public Interest Litigation?

A PIL may be filed like a written petition. Supreme Court has treated even letters
addressed to the court as PIL.

Procedure in High Court:

A PIL is filed in a High court, and then two copies of the petition have to be filed.
Also, an advance copy of the petition has to be served on the each respondent, i.e.
opposite party, and this proof of service has to be affixed on the petition.

Procedure In Supreme Court:

If a PIL is filed in the Supreme Court, then (four + one) (i.e. five) sets of petition have
to be filed. The opposite party is served the copy only when notice is issued.

More guidelines for how to file a Public Interest Litigation

1. Make an informed decision to file a case.

2. Consult all affected interest groups who are possible allies.

3. One should be careful in filing a case because

i. Litigation can be expensive.

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 ii. Litigation can be time consuming.
iii .Litigation can take away decision making capability/strength from
communities.
iv. An adverse decision can affect the strength of the movement.
v. Litigation involvement can divert the attention of the community from the real
issues.

4. If the decision is taken

i. Collecting complete relevant information
ii. Be meticulous in gathering detail for use in the case.
For e.g. If photographs are used, then one must retain the negatives and take
an affidavit from the photographer. Retain the bills as well.
iii. Must be communicated to the relevant authorities and the demands must be
clear.
iv. Maintain records in an organized fashion.
v. Consult a lawyer on the choice of forum.
vi. Engage a competent lawyer. If you are handling the matter yourself make sure
you get good legal advice on the drafting.
vii. A PIL can be filed only by a registered organization. If you are unregistered,
please file the PIL in the name of an office bearer/member in his/her personal
capacity.
viii. One may have to issue a legal notice to the concerned parties/authorities
before filing a PIL. Filing a suit against the government would require issuing a
notice to the concerned officer department at least two months prior to filing.

Steps Involved in proceedings of Public Interest Litigation:

Proceedings, in the PIL commence and carry on in the same manner, as other
cases
• However, in between the proceedings if the judge feels he may appoint a
commissioner, to inspect allegations like pollution being caused, trees being
cut, sewer problems, etc
• After filing of replies, by opposite party, and rejoinder by the petitioner, final
hearing takes place, and the judge gives his final decision.

IMPORTANT Strategies for Public Interest Litigation

• The allegations against state and private party should be backed by reliable
evidence, for eg in a PIL on malnutrition deaths you need reports indicating it
and data of the state regarding child mortality rates from various government
surveys. Research based evidence will hold well in a PIL.

• It will be good to make an NGO working on the issue a party to the petition, if
there can be more than one organization agreeing on an issue it will hold
more ground in the court.

• A good lawyer with an experience in PILS will add advantage.

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EXAMPLE CASES OF Public Interest Litigation

M.C Mehta V. Union of India (1988) 1 SCC 471 –

In a Public Interest Litigation brought against Ganga water pollution so as to prevent
any further pollution of Ganga water.

Supreme Court held that petitioner although not a riparian owner is entitled to move
the court for the enforcement of statutory provisions, as he is the person interested
in protecting the lives of the people who make use of the Ganga water.

Council For Environment Legal Action V. Union Of India - (1996)5 SCC281 :

Public Interest Litigation filed by registered voluntary organization regarding
economic degradation in coastal area.
Supreme Court issued appropriate orders and directions for enforcing the laws to
protect ecology.

A BOON Public Interest Litigation:

1. In Public Interest Litigation (PIL) vigilant citizens of the country can find an
inexpensive legal remedy because there is only a nominal fixed court fee
involved in this.

2. Further, through the so-called PIL, 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.

ABUSE OF Public Interest Litigation:

1. However, the development of PIL has also uncovered its pitfalls and
drawbacks. As a result, the apex court itself has been compelled to lay down
certain guidelines to govern the management and disposal of PILs. And the
abuse of PIL is also increasing along with its extended and multifaceted use.

2. Of late, many of the PIL activists in the country have found the PIL as a
handy tool of harassment since frivolous cases could be filed without
investment of heavy court fees as required in private civil litigation and deals
could then be negotiated with the victims of stay orders obtained in the so-
called PILs.

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 3. Just as a weapon meant for defence can be used equally effectively for
offence, the lowering of the locus standi requirement has permitted privately
motivated interests to pose as public interests. The abuse of PIL has become
more rampant than its use and genuine causes either receded to the
background or began to be viewed with the suspicion generated by spurious
causes mooted by privately motivated interests in the disguise of the so-
called public interests.

Non Government Organizations (NGOs) for the protection of Environment

All over the world, far from the public eye, thousands of small NGOs, help protect
the natural riches of our planet and promote balance within communities by helping
those most in need.

1. Eco Friends, a Kanpur based non-governmental organisation (NGO), has been

working in a sustained way over the last fifteen years on critical issues of
environmental degradation. A key issue for Eco Friends is protecting the river
Ganga from various sources of pollution. Eco Friends has been involved in
generating mass awareness and deepening of national and international public
debate on pollution-related issues, mobilizing the local communities in sustained
high-pitched campaigns, focused action such as clean Ganga campaigns, legal
activism through public interest litigation and persistent advocacy with media,
opinion makers and other stakeholders. Though the extent of environment
degradation is still worrying, Eco Friends has due achievements in a number of
areas including passing of landmark judicial pronouncements to check river pollution
and initiation of remedial steps by industry and government alike. The concern at the
moment is to consolidate and build on the gains with a long-term perspective on the
larger issue of environmental management in India.

"Eco Friends performs all such acts that may assist in or be conducive to fostering
environmental education, protection and security".

http://www.ecofriends.org

2. Indian Environmental Society (IES) is one of the pioneering environmental

NGO in India working in the field of Environmental Education and Sustainable
Development. Since its inception in 1972, IES has been among the forerunner in
leading the environmental movement in India. One of the various means that IES
has adopted in helping people to enrich their knowledge about environment and
development, is to organize national and international conferences and workshops
focusing on the contemporary issues relating to environment. Continuing this
tradition for over 30 years of its existence, IES has been the organizer and host of
six such global conferences starting from 1981, through 1985, 1989, 1993, 1997, &
2001. These conferences had been supported by several governmental and non-
governmental organizations, and were attended by a large number of people from
diverse fields and activities from different parts of the globe.

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http://www.environmentevents.org/

3. SEACOLOGY is the world's premier nonprofit environmental organization with

the sole purpose of preserving the highly endangered biodiversity of islands
throughout the world. In the last 400 years the majority of the world's plant and
animal extinctions have taken place on islands, leading biologist Dr. Peter J. Bryant
to call this unprecedented rate of species extinctions "one of the swiftest and most
profound biological catastrophes in the history of the earth."
http://www.seacology.org

4. Bluepeace is made up of concerned individuals who wish to ensure that the

natural environment is used wisely and continues to be available for the benefit and
enjoyment of future generations. Bluepeace was initiated by a young group and
founded on 11th September of 1989. This group of concerned people aimed at
diverting some of their energy in conserving our common environment which is
being misused and degraded due to lack of awareness, knowledge and
understanding.

Bluepeace is strictly a non-governmental organization and registered in Maldives. It

is not sponsored by any other party but depends on time given freely, voluntary
effort, on subscriptions, donations and fund raising.

OTHERS

• Eco Watch - Headed by well known environmentalist Suresh Heblikar.

• Environment Support Group (ESG) is an independent not-for-profit non-
governmental organization, founded in 1996 and registered as a Public
Charitable Trust in 1998. Its main functions involve research, training,
campaign support, and advocacy on a variety of environmental and social
justice issues.
• Green Dream - Rotary Bangalore IT Corridor (RBITC) has a dream -- to turn
the green clock of Bangalore back closer to what it was – the garden city. In
the immediate phase of the project, RBITC plans to turn Whitefield green by
planting 100,000 trees in a 22 sq km area and thereby make a major impact
on the environment.
• Greenpeace India

• Jalasangama - a National NGO, for linking human rights with environmental

protection, proposes to act as catalyst in the holy mission of creating River
Nets.

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 • Kshiti Foundation - Our vision is to create sensitivity towards environment &
to awaken the philanthropic side of mankind. We shall facilitate contribution
from everyone who would like to enrich human lives in a significant. way
• Project Agastya - better, more efficient and Sustainable Water Resources
Management in Bangalore
• Rainwater Club - The Bangalorean's Guide to Rooftop Rainwater Harvesting

• Saahas - Based in Bangalore and committed to finding solutions to problems

related to solid waste. Saahas has also worked extensively to introduce e-
waste mangement both in corporate offices as well as schools and
households. In association with a corporate partner WeP Peripherals they
have set up a collection and safe recycling sytem for frequently used e-waste
products like dry cell batteries, CDS and floppies.
• Trees For Free - With the permission of Government they plan trees by
involving the community.
• Vanastree - The desire to make available the wide variety of semi-wild and
cultivated plant species of the region motivates this effort. The area has seen
the rise and sharp fall in the prices of areca, the region’s predominant cash
crop. In this context, addressing issues of food security and health has
become critical.
• Wildlife Imprints -Wildlife Imprints comprises of a team of enthusiastic
people sharing a common vision and concern towards wildlife and its
environment. Wildlife Imprints is a tiny step with a conviction towards creating
an awareness to save wildlife and preserve its natural state. Our goal is to
help promote conservation of forests and it's flora and fauna by imbibing this
awareness into the minds of today's youth.

Among the numerous factors that have contributed to the growth of PIL in this
country, the following deserve special mention:

» The character of the Indian Constitution. Unlike Britain, India has a written
constitution which through Part III (Fundamental Rights) and Part IV (Directive
Principles of State Policy) provides a framework for regulating relations between the
state and its citizens and between citizens inter-se.

» India has some of the most progressive social legislation to be found anywhere in
the world whether it be relating to bonded labor, minimum wages, land ceiling,
environmental protection, etc. This has made it easier for the courts to haul up the
executive when it is not performing its duties in ensuring the rights of the poor as per
the law of the land.

» The liberal interpretation of locus standi where any person can apply to the court
on behalf of those who are economically or physically unable to come before it has
helped. Judges themselves have in some cases initiated suo moto action based on
newspaper articles or letters received

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» Although social and economic rights given in the Indian Constitution under Part IV
are not legally enforceable; courts have creatively read these into fundamental rights
thereby making them judicially enforceable. For instance the "right to life" in Article
21 has been expanded to include right to free legal aid, right to live with dignity, right
to education, right to work, freedom from torture, barfetters and hand cuffing in
prisons, etc.

» Sensitive judges have constantly innovated on the side of the poor, for instance,
in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of
proof on the respondent stating it would treat every case of forced labor as a case of
bonded labor unless proven otherwise by the employer.

Similarly in the Asiad workers judgment case, Justice P.N. Bhagwati held that
anyone getting less than the minimum wage can approach the Supreme Court
directly without going through the labor commissioner and lower courts

» In PIL cases where the petitioner is not in a position to provide all the necessary
evidence, either because it is voluminous or because the parties are weak socially
or economically, courts have appointed commissions to collect information on facts
and present it before the bench.

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