How to File a PIL...the Idiot’s
Guide
One of my friends was asking me
about public interest litigations recently. Now most of us don’t know much
about PIL (like me) except for what we read in the daily newspapers where they
are reported to be instrumental in dealing with all the ills of governance. So I
approached the legal brains at home for a short update on PIL’s and was
submitted to a two hour lecture on what PIL is. Here I will share just the
highlights of what little I remember hearing, before dropping off into sleep at
the end of the mandatory ten minutes of every lecture.
What I learnt was the public
interest litigation is a case filed by any concerned citizen in a High Court or
Supreme Court. There is no LOCUS STANDI involved- that is the court does not
ask why are you filing this case and are you personally affected? Anyone can
file a case on others behalf- the others include those who may or may not be
aware of the injustice they are suffering- like child workers, illiterates etc.
as these cases are filed for public good they are called public interest
litigation.
The most famous of the public
interest litigation was the cases involving environmental issues including the
pavement dwellers cases and the Asiad workers colony cases. Both of these cases
were filed by NGO's which demanded from the Supreme Court relief for injustice
done to common people. In the first case it was argued that pavement dwellers
with no other place to go to sleep should not be evicted from sleeping on
pavements suddenly by the Mumbai Corporation unless alternate arrangements were
made for them to sleep.
In the second case, the Delhi Asiad
games case, the contractors were paying a very small pittance as wages for the
contract workers- illiterates from Bihar- who were involved in the construction
of the stadiums for the games. The Supreme Court ordered that the workers
should be paid at least the minimum wages which will help them survive in
Delhi's cost of living. And of course the most famous PIL case was the Bhopal
gas tragedy case.
But enough about this history- I
only mentioned it to show that anyone can take a piece of white paper or even a
postcard and write a complaint on it about a issue of public interest and post
it the court which will consider it as a PIL and give judgment on the case. Now
let’s see an example of how to file a proper PIL.
Filing a proper PIL in the court
involves two separate pieces of paper - two statement called Affidavit and
Plaint. In yesterdays The Hindu paper there was a news story about hotels
reusing to supply ordinary drinking water by forcing customers to buy packaged
drinking water. Let’s see how a PIL can be filed in this case
AFFIDAVIT
I,_________, S/0__________, residing at__________________ am the petitioner herein and filing a writ
petition as a public interest litigation. I humbly submit to the Honorable High
Court/Supreme Court that there was a newspaper report in the Hindu paper
regarding the refusal of certain restaurants to supply ordinary drinking water
to their customers and insisting on paying for packaged drinking water only. I
further submit that packaged drinking water stored in plastic bottles which
contain pthalates have been found hazardous to health. As a large number of
people are affected by this, I am filing this writ petition as a Public
Interest Litigation. As this affects the constitutional right of the ordinary
citizen under Art.21 of the Constitution which guarantees life and liberty
including the access to safe drinking water free from any contaminations, I pray
that this honorable court may take notice of this blatant breach of the
ordinary citizen’s constitutional rights by such hotels and to give such directions
to them to ensure the supply of water safe to drink.
Writ Petition under Art.226 of Constitution
of India
For the reasons stated in the accompanying
affidavit, it is prayed that this Honorable Court may please to issue Writ of
Mandamus directing the respondents to ensure supply of safe drinking water to
the consumers who visit the respondents hotel and any other suitable remedy as
this honorable court may deem fit in the circumstances of the case.
(To file the same case at the Supreme
Court change the above wordings to U/S 32).
Now either mail it to the court or
better yet go to the court to hand it over in person and then you are done. The
case is filed and you can expect your name in the papers pretty soon as the
champion of the public rights. That’s all there is to it Mr. Public Conscience.
Now go for it.
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