public interest litigation

 PIL

1. WHICH ARTICLE IS THE BASIS FOR ENVIRONMENT PIL = ARTICLE 21

2. PIL IS FILED UNDER ARTICLE 32 IN SC 226 IN HC 

3. PIL CAN BE DIRECTLY FILED IN SC .

4.  PIL IS INTRODUCED IN INDIAN JUDICIAL SYSTEM BY CASE: SP GUPTA VS UOI

5. RULE OF LOCUS STANDI WAS RELAXED IN THE CASE OF BAR COUNCIL OF MAHARASHTRA VS MV DABHOLkar 

6. PIL IN CASE OF GANGA WATER POLLLUTION WAS FILED IN  MC MEHTA VS UNION OF INDIA

7. PIL WHICH  UNEARTHED THE SCAM OF   2G SCAM

8. PIL THAT RESULTED IN RULES FOF SEPARATE LOCK UP FOR WOMEN = SHEELA BARSE V STATE OF MAHARASHTRA 

9. PIL MANDATED 27 % RESERVATON FOR OBC : INDIRA SAWHNEY CASE 

10.  PIL THAT ESTABLISHED POLLUTION FREE ENVIRONMENT AS FUNDAMENTAL RIGHT =  SUBASH KUMAR V STATE OF BIHAR 

11. FIRST CASE PIL IN 1979 DEALT WITH INHUMAN CONDITIONS OF PRISONERS IN BIHAR : HUSSAINARA KHATUN V STATE OF BIHAR ; INDIAN EXPRESS ARTICLE ; 40000 PRISONERS WERE RELEASED BY SC .

12.    CONCEPT OF PIL WAS FIRST ESTABLISHED BY JUSTICE KRISHNA IYER IN 1976 IN CASE OF MUMBAI KAMGAR SABHA V ABDUL THAI. AIR 1976 SC 1455

13. NEW ERA OF PIL MOVEMENT WAS HERALDED BY JUSTICE PN BHAGWATI IN CASE OF SP GUPTA V UNION OF INDIA 1980 SUPP SC 81-- CALLED FIRST JUDGES CASE , PARTLY OVERRULED IN SECOND JUDGES CASE 

14.  IN CASE OF ANIL YADAV V STATE OF BIHAR 1982 2SCC 195, SIGNALLED THE GROWTH OF SOCIAL ACTIVISM AND INVESTIGATIVE LITIGATION - 33 PRISONERS WERE BLINDED IN BIHAR BY PUTTING ACID INTO THEIR EYES. FREE LEGAL AID WAS ALSO HIGHLIGHTED

15.  IN CASE OF BANDHU MUKTHI MORCHA V UNION OF INDIA 1984 3SCC 161,  ARTICLE 32  BY NGO  ON BONDED LABOURERS STATE OF LIFE 

16. IN THE CASE OF CITIZENS FOR DEMOCRARY V STATE OF ASSAM, 1995 3SCC 743 SC DECLARED THAT HANDCUFFS,  FETTERS SHALL NOT BE FORCED UPON A PRISONER WHILE LODGED IN A JAIL OR IN TRANSIT FROM ONE JAIL TO ANOTHER JAIL OR TO COURT AND BACK 

17. IN CASE OF PUDR V UNION OF INDIA TWO ISSUES WERE DISCUSSED : Whether writ is maintainable against an individual under articcle 32 ; and whether article 21 of coi also includes right to live with human dignity and right to livelihood . PUDR submitted that workers contracted to build asian village for asian games in delhi were being exploited by not paying minimum wages. 

18.   in the case of indian banks association v devkala consultancy service , - held private interest case can be converted and treated as PIL 

19.  in GURUVAYOOR DEVSWOM BOARD MANAGING COMMITTEE V CK RAJAN 2003 7SCC 546 

20. MC MEHTA - MANUFACTURE OF HAZARDOUS PRODUCTS - PRINCIPLES FOR DETERMINING LIABILITY OF LARGE COMPANIES POLLUTION OF RIVER GANGA  AND PEOPLE USING GANGA WATER FOR DRINKING AND LIVING . MCMEHTA VS UNION OF INDIA 1987 4SCC 463

21. PARMANAND KATARA V UNION OF INDIA 1989 4SCC 286 - DOCTOR FIRST DUTY IS TO ATTEND TO EVERY INJURED PERSON AS SOON AS POSSIBLE WITHOUT INSISTING ON POLICE REPORT OR OTHER PROCEDURAL FORMALITIES .

22.   CASE COUNCIL FOR ENVIRONMENT LEGAL ACTION cela V UNION OF INDIA 1996 3SCC 212, ENVIRONMENTAL DEGRADATION IN COASTAL AREAS NEAR SEA, ISSUED DIRECTIONS TO ENFORCE LAWS TO PROTECT ECOLOGY. 

23. IN CASE BIHAR LEGAL SUPPORT SOCIETY V CHIEF JUSTICE OF INDIA 1986 4SCC  767, the PIL is for the benefit of the poor and disadvantaged sections of society 

24. SC noted misuse of PIL in ASHOK KUMAR PANDEY V STATE FO WEST BENGAL 1989 1SCC 678 OBSERVED THAT PIL SHOULD NOT BE PUBLICLY INTERESTED LITIGATION FOR MEDIA AGGRANDISEMENT OR PRIVATE INTEREST LITIGATION OR POLITICS INTEREST LITIGATION OR LATEST TRENDING NEWS LITIGATION OR PAISA INCOME LITIGATION.  IT MAY BECOME VENDETTA AND VENGEANCE LITIGATION., THERE MUST BE PUBLIC INTEREST  INVOLVED AND NOT MERELY AN ADVENTURE OF THE  KNIGHT ERRANT OR POLE ONES NOSE INTO OTHERS FOR A PROBE OR BENEFIT,

25. IN above case SC advised courts to encourage genuine causes broght up and discourage bogus  non genuine causes or private interst caes disguised as public interest litigation . court should prima facie satisfy itself as to genuineness of the case and cause 

26.  in the case of UNNIKRISHNAN V STATE OF AP , 1993 1SCC 645 the law in regard to provatisation of education was dealt with - the following rights were covered under article 21: - dealing with capitation fees charged by private educational institutions: article 21 covered : right to go abroad, right to privacy , right against  solitary confinement,  dealt with SUNIL BATRA V DELHI ADMN 1978  4S CC 494, 545  , RIGHT AGAINST BAR FETTERS, RIGHT TO LEGAL AID, RIGHT TO SPEEDY TRIAL, RIGHT AGAINST HAND CUFFING,  THE RIGHT AGASINT DELAYED EXECUTION,  THE RIGHT AGAISNT CUSTODIAL VIOLENCE,  THE RIGHT AGASINT PUBLIC HANGING,  DOCTORS ASSISTANCE , SHELTER, 

26.  PRINCIPLE OF REPRESENTATIVE STANDING IS APPLIED. FIRST IN MUMBAI KAMGAR UNION CASE BY VR KRISHNA IYER 

27. RIGHT TO LIVELIHOOD IS INTEGRAL TO ARTICLE 21 RIGHT TO LIFE. 

28. IYER SAID :public interest is promoted by a spacious consttuction of locus standi in our socio economic circumstances and coneptutal latitudinariaism permits taking liberties where the remedy is shred by a considerqable number , weaker sections of society

29.cases: MC MEHTA V UNION OF INDIA, DISCHARGE OF UNTREATED SEWERAGE FROM KANPUR TANNERIES, 

30. PARMANAND KATARA V UNION OF INDIA - ANY DOCTOR CAN TREAT MEDICO LEGAL CASES SINCE SAVING HUMAN LIFE IS MOST IMPORTANT THAN FOLLOWING PROCEDURES 

31.  JAVED V STATE OF HARYANA ON COERCIVE POPULATION CONTROL

32. VISAKHA V STATE OF RAJASTHAN ON SEXUAL HARASSMENT  OF WOMEN AT WORK PLACE LED TO POSH ACT 2013

33. WHO CAN FILE A PIL: ANY individual or organisation can file a PIL ehtier in their name of standing ; locus standi has been relaxed if it is filed on bahalf of poor , illiterate deprived, disable and are unable to approach the court themselves

34. suo moto congnizance of a letter or news item  can be taken by a court 

35. what is locus standi: the ability of a person to approach the court having sufficient connection to the case in hand; a person who has actually suffered a legal harm has the ability to aproach a court seeking a remedy; in PIL one who is not directly affected by the legal harm can approach the court seeking a remedy on behalf of others who are affected

36. PIL is filed under writs jurisdiction 32 sc, 226 hc,; letter, post card, news paper report, email addressed to the sc by a person acting in public interest has been accepted as PIL; legal injrury of aperson who cannot appraoch the court directly because of poverty disability social backwardness and other can be treaed as PIL. 

37.