Public Interest Litigation

1. Violation of basic human rights of the poor
2. Content or conduct of Government policy
3. Compel municipal authorities to perform a public duty.
4. Violation of religious rights or other basic fundamental rights.

1. Where a factory / industrial unit is causing air pollution, and people nearby are getting effected.
2. Where, in an area / street there are no street lights, causing inconvenience to commuters
3. Where, some "Banquet Hall" plays a loud music, at night, causing noise pollution.
4. Where, some construction company is cutting down trees, causing environmental pollution.
5. Where poor people, are affected, because of the state Government's arbitrary decision to impose heavy "tax".
6. For directing the police / Jail authorities to take appropriate decisions in regards to jail reforms, such as segregation of convicts, delay in trial, production of under trial before the court on remand dates.
7. For abolishing child labour, and bonded labour.
8. Where rights of working women are affected by sexual harassment.
9. For keeping a check on corruption and crime involving holders of high political officer.
10. For maintaining Roads, Sewer etc in good conditions.
11. For removal of Big Hoarding and signboard from a busy road to avoid traffic problems.
12. Recently, a PUBLIC INTEREST LITIGATION has been filed, directing the "Delhi Traffic Police" to stop the method of sending challans to address by post, as it is being misused.

1. Earlier, it was only a person whose interest was directly affected along with others, whereby his fundamental right was affected.
   
2. Now, the trend has changed, and, any Public-spirited person can file a case (PUBLIC INTEREST LITIGATION) on behalf of a group of persons, whose rights are effected.
3. It is not necessary, that the person filing a case should have a direct interest in the PUBLIC INTEREST LITIGATION

1. A PUBLIC INTEREST LITIGATION can be filed only against a State/Central Govt., Municipal Authorities, and not any private party.
2. 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- If there is a Private factory in Delhi, which is causing pollution, then people living nearby, or any other person can file a PUBLIC INTEREST LITIGATION against:

1. Government of Delhi
2. State Pollution Control Board, and
3. Also against the private factory

3. However, a PUBLIC INTEREST LITIGATION cannot be filed against the Private party alone concerned state Govt./, and the state authority has to be made a party.

1. Proceedings, in the PUBLIC INTEREST LITIGATION commence and carry on in the same manner, as other cases.
2. 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.
3. After filing of replies, by opposite parties, and rejoinder by the petitioner, a final hearing takes place, and the judge gives his final decision.

1. In the early 90's there have been instances, where judges have treated a post card containing facts, as a PUBLIC INTEREST LITIGATION some of them are
2. Letter alleging the illegal limestone quarrying which devastated the fragile environment in the Himalayan foothills around Mussoorie, was treated as a PUBLIC INTEREST LITIGATION
3. A journalist complained to the Supreme Court in a letter, that the national coastline was being sullied by unplanned development which violated the central Government directive was treated as a PUBLIC INTEREST LITIGATION

1. However as there is no statute laying down rules and regulations for a PUBLIC INTEREST LITIGATION Still the court can treat a letter as a PUBLIC INTEREST LITIGATION
   
   
1. However, the letter should bring the true and clear facts, and if the matter is really an urgent one, the court can treat it is a PUBLIC INTEREST LITIGATION
2. But it still depends upon facts and circumstances, and the court has the entire discretion.

1. Release of under trial on personal bonds ordering release of all under trial who have been imprisoned for longer time, than the punishment period, free legal aid to the prisoners, imposing an affirmative duty on magistrates to inform under trial prisoners of their right to bail and legal aid. Or
2. Closure of an industrial plant emitting poisonous gas, setting up victim compensation scheme, ordering the plaint reopening subject to extensive directions etc. Or
3. Prohibiting cutting of trees or making provisions for discharge of sewage, till the disposal of final petition.

1. The court may appoint a committee, or commissioner to look into the matter, and submit its report.
2. Such committee or commissioner may also be given power to take cognizance of grievances and settle it right in the public intent.

1. The writ petition should involve a question, which affects the public at large or group of people, and not a single individual.
2. Only the effected/aggrieved person can file a writ petition.
3. There should be a specific prayer, asking the court to direct the state authorities to take note of the complaint/allegation.

1. Both the High court and supreme court have the power to entertain a PUBLIC INTEREST LITIGATION
2. Since there are no statutes or rules, there cannot be a specific difference, as to which court will have jurisdiction on the PUBLIC INTEREST LITIGATION
3. It will purely and solely depend on the "Nature of the case", if the question involves only a small group of people being effected by action of State authority, the PUBLIC INTEREST LITIGATION can be filed in High Court. For e.g. if there is a sewage problem in a locality effecting 50 families, the PUBLIC INTEREST LITIGATION can be filed in the High court.
4. If a large section of people are effected whether by the State Government or the Central Government, PUBLIC INTEREST LITIGATION can be filed in the Supreme Court For e.g. placing a ban on adult movies, prohibition industrial unit from causing pollution etc.