Short note on "public interest litigation(PIL)" in Bangladesh perspective with examples

Public Interest Litigation (PIL) is a legal tool that has been used in Bangladesh to address various
issues that affect the public interest. PIL allows individuals or organizations to approach the
court seeking legal redressal on behalf of the public in general or a section of society that may be
vulnerable or marginalized.

Who can file a PIL

In Bangladesh, Public Interest Litigation (PIL) can be filed by any person or group of persons
who are not directly affected by the issue, but are concerned about its impact on society. This
could include individuals, non-governmental organizations (NGOs), social activists, and lawyers.

Procedure to file PIL

The procedure to file a Public Interest Litigation (PIL) in Bangladesh can be summarized as
follows:

1. Identify the issue of public interest.

2. Form a group or approach an NGO with a genuine concern for the issue.

3. Prepare a writ petition containing details of the issue, parties involved, and relief sought.

4. File the writ petition in the High Court Division of the Supreme Court of Bangladesh.

5. Serve notice to the respondents, i.e., the parties against whom the petition is filed.

6. Attend court hearings and present arguments.

7. Await the court's decision and appropriate orders to address the issue.

It is important to note that the procedure for filing a PIL may vary depending on the specific
circumstances of the case. It is advisable to seek legal advice before filing a PIL.

Example of PIL In Bangladesh:

Here are some examples of PIL cases in Bangladesh:

Bangladesh Environmental Lawyers Association (BELA) vs. Government of Bangladesh: This
PIL case brought to light the issue of pollution in the Buriganga River, which is one of the major
rivers flowing through the capital city of Dhaka. The case highlighted the inaction of the
government and its failure to address the issue. As a result, the court directed the government to
prepare a comprehensive action plan to address the pollution problem and to take appropriate
measures to implement it.

Human Rights and Peace for Bangladesh vs. Government of Bangladesh: This PIL case was filed
by an NGO, Human Rights and Peace for Bangladesh, on behalf of the victims of enforced
disappearances in Bangladesh. The case highlighted the failure of the government to investigate
cases of enforced disappearances and to hold those responsible accountable. The court directed
the government to take necessary measures to investigate all cases of enforced disappearances
and to take appropriate legal action against those responsible.

Ain o Salish Kendra vs. Government of Bangladesh: This PIL case was filed by an NGO, Ain o
Salish Kendra, on behalf of the victims of torture in police custody. The case highlighted the
prevalence of torture in police custody and the failure of the government to take necessary
measures to address the issue. The court directed the government to take appropriate measures to
prevent torture in police custody and to ensure that those responsible for torture are held
accountable.

Overall, PIL has been an effective tool for promoting transparency, accountability, and good
governance in Bangladesh. It has helped to strengthen democracy and the rule of law by
providing access to justice for marginalized sections of society and holding those in power
accountable for their actions.

ChatGPT Mar 14 Version. Free Research Preview. Our goal is to make AI systems more natural
and safe to interact with.