A Powerpoint Presentation on "Public Interest Litigation"

1. PRESENTATION
A STUDY OF DRAFTS AND
PETITIONS IN ENGLISH IN PUBLIC
INTEREST LITIGATION
MADE AND PRESENTED BY-: Supervised By-:
INDU MEHTA Dr. Mohini Chakranarayan
M.A. (ENG. LITERATURE) (Dept. of English Literature )
II SEM. R.D.V.V.
RDVV

2. 7th largest country, 2nd
most populous (1.08 billion
people)
29 states and 6 union territories
18 official languages, 114
languages, and 900 dialects
Hindi is the national
language, while English
is commonly used for
national, political, comm
ercial, and educational
purposes

3.  The proceedings of the supreme court of India and High
Courts have to be in English, under constitutional
provisions e.g.- Public interest litigation etc..
 Article 348 of the constitution states that, the language to
be used in the Supreme court & High courts & for acts &
bills etc. shall be in English.
 The judges are conversant in English as a universal
language In the Supreme court & all High courts.
 This makes it easy in transferring a judge from one court
to another, which happens frequently.

4.  The first reported case of PIL in 1979-(Hussainara
Khatoon v. State of Bihar).
 Highlighting the plight of thousands of under trial
prisoners in various jails in Bihar.
 The proceeding led to the release of more than
40,000 under trial prisoners.
 This PIL was filed by an advocate on the basis of the
news item published in the Indian Express.

5.  This is a Litigation for the protection of the public
interest.
 It is a litigation introduced in the court of law, not by
the aggrieved party but by the court itself or by any
other private party.
 Public interest litigation is the power given to the
public by courts through judicial activism.

6.  Directions given by the supreme court to the executive &
legislature, to perform duties according to the provisions
of the constitution is called judicial activism.
 Judicial activism is result of the inactiveness of the
legislature and executive.
 Legislature makes laws and executive implements it.

7.  Child labour/neglected children.
 Environmental pollution.
 Conservation of forest/protection of wild life.
 Matters related to women's right.
 Bonded labour.
 Harassment of SC/ST/OBC.
 Unauthorized constructions.
 Natural and man made disasters including riots.
 Scam matters and others.

8.  HUMAN RIGHTS
 THE JUDICIARY
 ENVIRONMENT
 PUBLIC ACCOUNTABILITY
 ISSUES AND CONTROVERSIES

9.  Judicial activism in the area of human rights has
been facilitated in considerable measures by the PIL.
 This is exemplified by the courts active concern with
under trials, police excesses including arbitrary
arrest, custodial violence and extra judicial killings
and
 Conditions in prisons & other custodial institutions
like children’s homes, women’s homes, and mental
asylums.

10. PLACE-
JBP,DAMOHNAKA, I
TI ROAD
CONSTRUCTION, CL
IPPING TAKEN
FROM DAINIK
BHASKAR, DATED
05/03/2011

11. PIL IN MATTERS OF-
• Fake encounter killings by police.
• Rape victims- rape committed by govt. officials.
• Harassment of working women
• Blood banks – defects in collection, storage and
supply of blood.
• Poor living conditions in care houses, asylums and
slums.

12. Article 51A (g): It shall
be the duty of every
citizen of India to
protect and improve
the natural
environment including
forests, lakes, rivers
and wild life, and to
have compassion for
living creatures

13.  Under the scheme of the constitution, issues
concerning appointment and transfer of judges, their
terms & conditions of service and their removal was
initially thought to be predominantly within the
domain of the parliament & the executive.
 In a series of PIL, the supreme court
has, however, articulated a dominant role for the
judiciary in this area.

14. Cultural heritage: the Taj
Mahal, 4 World Heritage
Sites and 254 monuments
within the Taj Trapezium
Zone
Life and health of the
people, particularly the
residents of Agra
Environment: animals
and plants, Yamuna
River, Holy Kunds

15.  The area in which PIL has been significant is
environmental law.
 It deals with closing down of polluting
industries, enforcing pollution standards for the
safety of the workers.
 The precautionary principle- taking
anticipate, prevent and attack the causes of
environmental degradation.

16. Article 47: Duty of the
State to raise the level
of nutrition and the
standard of living and
to improve public
health

17.  Another area of abiding public concerns which the
supreme court has dealt within PIL’s is good
governance & accountability of public officials.
 The acts of misdemeanor gets exposed through what
has now been termed as ‘SCAMS’.
 The courts had ensured that the persons exercising
discretion in public largess, whether it is petrol pumps
or government accommodation are accountable for
their actions.

19.  Policy making and implementation of policy are
conventionally regarded as the exclusive domain of
the executive and the legislature, with judiciary
enforcing the law.
 PIL, however tends to narrow the gap between the
roles of the various organs of the government and
has invited controversy principally for this reason.
 The court has sometimes obliterated the distinction
between law and policy.

20. Clipping taken
from dainik
bhaskar Dated -
05/03/2011

21.  Creating awareness in schools/colleges 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.
 Amendment in the Limitation Act for PIL projects.

23. Building a Foundation for Public
Interest Law in India
Right to a Healthy Environment
Right to a Healthyand Absolute Liability Principle
Strict Environment
Strict and Pays Principle
Polluter Absolute Liability Principle
Polluter Pays Principle Precautionary Principle
Precautionary Principle
Principle of Intergenerational Equity
Principle of Intergenerational Equity
Public Trust Doctrine
Public Trust Damages
Exemplary Doctrine
Exemplary Damages Proof shifted to the Polluter
Onus of
Onus of Proof shifted to the Polluter