Open Access Research Article
PIL- A JUDICIAL PLATFORM FOR DISPENSATION OF JUSTICE
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PIL- A
JUDICIAL PLATFORM FOR DISPENSATION OF JUSTICE
AUTHORED BY -
LALNUNTLUANGI
ABSTRACT
This dissertation critically
examines the role of law as an instrument of social justice, with a specific
focus on public interest litigations (PILs). The concept of social justice
emphasizes the fair and equitable distribution of resources, opportunities, and
rights within society. Law, as a powerful tool, has the potential to shape and
transform society by promoting social justice. However, its efficacy in
achieving this goal remains a subject of debate and scrutiny. The study begins
by exploring the theoretical underpinnings of social justice and its relevance
in contemporary society. This contextual background sets the stage for an
in-depth examination of the role of law in addressing these social injustices.
Public interest litigation, a legal mechanism designed to address systemic
social issues and protect the rights of marginalized and vulnerable groups,
assumes a central position in this dissertation. PILs serve as a means to
access justice for those who are unable to engage with the legal system due to
economic, social, or political constraints. By enabling the courts to intervene
in matters of public importance, PILs have the potential to effectuate social
change and advance the cause of social justice.
In conclusion, this dissertation
critically appraises the role of law as an instrument of social justice, with a
particular focus on public interest litigations. It recognizes the potential of
law and PILs in promoting social justice and redressing systemic inequalities.
By shedding light on these issues, this study contributes to the ongoing
discourse on the role of law in advancing social justice and provides insights
for policymakers, legal practitioners, and activists engaged in the pursuit of
a more just and equitable society.
Keywords: public interest litigations,
social inequalities, access to justice, social change, grassroots activism,
judicial process.
PIL- A
JUDICIAL PLATFORM FOR DISPENSATION
OF JUSTICE
Public Interest
Prosecution shouldn't thus be viewed as one of the approaches to causing the
court judicially dynamic yet additionally as a legal stage for regulation of
equity to the people who to have been denied or denied of equity by any of the
organisations of the chief. It has significantly expanded the judiciary's
jurisdiction and granted it the authority to intervene in legislative and
executive branches of government. As a result, it has prevented the legislature
from passing arbitrary laws that override citizens' rights and the executive
from making dictatorial decisions to ensure that social justice and human
dignity are implemented. Social justice is connected to human dignity. One way
that is against social justice is to attack human dignity.
In conclusion,
constitutional justice must be regarded as encompassing both the distributive
and corrective facets of justice. This suggests that the notion of justice for
the judicial system itself should not be restricted to juridical justice, that
is, justice delivered through courts. Instead, justice in law should be viewed
as a means to the objective of establishing social justice. As a result, the
judicial branch's mandate should be to provide a framework for law that,
through substantive guidelines, procedural guidelines, and remedial functions,
facilitates the advancement of social justice. Art. 39-A, which requires the
state to ensure "that the smooth running of the court system encourages
justice, on the principle that guarantees equal opportunity," really
refers directly to this subject. As entities of the state with coercive
authority, courts can also be places where rights are infringed. They are not
just places where rights are safeguarded or enforced. Therefore, access to
justice should be understood to include access to just behaviour in courts as
well as access to just results from courts. Access to justice cannot therefore
be confined to having access to the courts itself, in the context of being
allowed to attend court to vent and settle grievances. As a result, it is
inappropriate to equate access to justice that has accessibility to the courts,
as is a widespread trend. In order to ensure that everyone has access to
justice, substantive rights must first be established, and then all necessary measures
must be taken to repair any violations of those rights in a way that is also
just.
The S.C of India strives
to deliver justice to the country's underprivileged and common people through
Public Interest Litigation. Chief Justice P.N. Bhagawati made the following
statement regarding it: "The S.C has developed several new
commitments." Participatory justice has been advanced by it. It has laid
only norms of systems. Citizens now have easier access to justice as a result
It is important to remember that the authority of the court should not be
viewed as a tool of legal intervention, but rather as one of equality for all,
that they have been denied for a long time. The S.C has made some historic
announcements with the decision to provide justice to the disadvantaged and
disadvantaged classes as a result of Public Interest Litigation. It was
declared in 1995 that health is a fundamental human right, and doctors were
subject to the consumer's law as a result. The following year, the S.C also
made the decision that it would be illegal for hospitals and doctors to did not
want to admit a serious patient. The doctor has a professional duty and
responsibility to attend to patients and do everything in his power to save
their lives. He is unable to avoid responsibility. He cannot disregard a
patient's care for any reason. When a doctor's carelessness leads to a
patient's death, they must be held accountable by the criminal justice system.
A nation's progress is
built on education. Education is a fundamental human right that no one should
be denied. According to Article 41 of the DPSP, the state is obligated to
guarantee individuals the right to learn, and if any individual is denied this
given chance, social justice will cease to vanish away in society. The S.C ordered
that no professional institution would charge capitation fees to admit students
because education is so important. Additionally, the court governed traveling
sessions in engineering and medical colleges . Even the Delhi High Court made
it mandatory for all public schools to reserve some seats for economically and
socially disadvantaged students. The court's directive aims ensure that no one
is denied access to educational opportunities at any level due to poverty or
social disadvantage.
Child labor is against
the law in India, but the system continues unabated and the government has
shown no interest in solving the issue. Child labor constitutes exploitation
and a social offence. A child's rights to education, a free and normal life,
and the enjoyment of childhood are at stake. It is inhuman and hostile to a
child's rights to employ children in brick kilns, restaurants, hotels, and
factories. This is considered a violation of child rights as well as an act of
inhuman oppression and exploitation. As a result, the S.C mandated the
establishment of a Child Labor Rehabilitation Worker Fund in December 1996, and
the employers of child workers are required to deposit a compensation of Rs.
20,000 for each child worker, and treat them as such. The court tries to secure
and validate social justice for all by using PIL to enforce constitutional or
legal rights, protect human rights and dignity, resist exploitation and
oppression of children and women, and the
recent incident of racial discrimination by against people from the
North East is a serious violation of Indian citizens' rights and freedoms in
India. A PIL filed by seven solicitors, some of whom are from the North East,
called attention to the killing of Nido Tania, an Arunachal Pradesh youth who
was battered to death by neighbourhood merchants in south Delhi. In the PIL48,
the S.C. is urged to order the Indian government to create regulations to stop
racial discrimination against citizens of North Eastern states living in the
nation's capital and other areas of the nation. Racism as means of governing
social and national life cannot be tolerated in a welfare state. Therefore,
racial discrimination must be eradicated to ensure justice for all.
CONCLUSION
In India, PIL has
achieved remarkable outcomes previously unimaginable. Its best commitment has
been upgrading the responsibility of State run administrations towards common
freedoms of oppressed. While judges alone cannot effectively respond to
government lawlessness, they can certainly foster a culture in which political
power is more sensitive to human rights.
However, nationwide
public interest litigation has not reacted kindly to such court decisions. They
are concerned that this will signal the end of the people- friendly PIL
concept. However, Indian legitimate litigants should not be concerned. The only
activists who will be required to compensate the opposing parties are those who
prefer to file frivolous complaints. It is really a welcome move on the grounds
that nobody in the nation can reject that even PIL activists ought to be
dependable and responsible. In addition, it is noteworthy that the Consumers
Protection Act of 1986 has been amended to compensate opposing parties for
frivolous consumer complaints. In any case, it now needs to be completely
rethought and reorganised. However, it is obvious that PIL can only become
stale and ineffective if it is used excessively. It should not be used by all
litigants as a substitute for ordinary ones or as a means to file frivolous
complaints because it is an extraordinary remedy that is accessible to all
citizens at a lower cost.
The Court does not have
unlimited authority to consider any situation that could impede societal
development or cause hardship to a particular group of people. It is tightly
controlled and tightly regulated, and cases of public interest are only taken
up after thorough investigation.
In a similar vein, there
are situations in which the PIL may affect the rights of people who are not in
court. As a result, the court must always take into account how the PIL will
affect those interests when deciding what to do with the relief, use extreme
caution, and follow a procedure to make sure that all likely to be affected
interests are informed.
Currently, the court can
act on a letter as if it were a writ petition. However, not every letter may be
considered a writ petition by the court. Only in the following situations would
the court be justified in treating the letter as a writ petition:
(i) Only if the letter is
addressed by an enraged individual, a public-spirited individual, or a social
action group for the enforcement of the constitutional or legal rights of a
person in custody or of a class or group who find it difficult to approach the
court for redress due to poverty, disability, or social or economic
disadvantage.
Any attempt by the
government to regulate PIL elicits widespread protests from individuals who are
unaware of its abuse and view regulation as an infringement on their
fundamental rights, despite the fact that reducing the misuse and abuse of PIL
is crucial. In these circumstances, the S.C of India must intervene by
incorporating the civil procedure code's safeguards for stay orders and
injunctions in PIL cases. However, it must be acknowledged that PIL is serving
as an important tool for social change, despite all doubts and abuses regarding
its misuse. It is working for everyone's well-being in society. Everyone uses
it solely for the purpose of pursuing justice. India, a developing nation,
benefited from the invention of this legal instrument. PIL has been utilised as
a strategy to combat societal atrocities. It's an effort by the institution to
help the less fortunate in society.
Article Information
PIL- A JUDICIAL PLATFORM FOR DISPENSATION OF JUSTICE
Authors: LALNUNTLUANGI
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/14
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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