**Introduction:**

Public Interest Litigation (PIL) in India has emerged as a

powerful tool for safeguarding human rights and promoting
social justice. It allows individuals and organizations to
approach the courts on behalf of the marginalized and oppressed
sections of society, thereby ensuring access to justice and
accountability. PIL has played a crucial role in addressing
various socio-economic, environmental, and political issues,
thereby upholding the principles enshrined in the Indian
Constitution.

**Evolution of PIL in India:**

The evolution of PIL in India can be traced back to the 1970s

when Justice P.N. Bhagwati introduced the concept of PIL to the
Indian legal system. Traditionally, the concept of locus standi
limited the right to approach the courts only to those directly
affected by a legal dispute. However, Justice Bhagwati
recognized the need to provide access to justice to the
marginalized and underprivileged sections of society who lacked
the resources to seek legal redressal.
PIL gained prominence in the 1980s when the Indian judiciary
liberalized the rules of locus standi, allowing any person or
organization to file a petition in the public interest. This marked
a significant departure from traditional litigation, as PIL enabled
the courts to address systemic issues affecting society at large.
The evolution of PIL in India was driven by a commitment to
social justice and the protection of fundamental rights enshrined
in the Constitution.

**PIL as Human Rights under the Indian Constitution:**

Public Interest Litigation serves as a crucial mechanism for

upholding human rights under the Indian Constitution. Articles
32 and 226 of the Constitution empower the Supreme Court and
High Courts, respectively, to issue writs for the enforcement of
fundamental rights. PIL petitions have been instrumental in
protecting various human rights, including the rights to life,
liberty, equality, and dignity, as guaranteed by the Constitution.

The judiciary has interpreted the right to access to justice as an

integral component of the right to life and liberty under Article
21 of the Constitution. PIL petitions have been instrumental in
securing justice for marginalized communities, ensuring
accountability of public authorities, and promoting social
justice.

**Important Cases:**

1. **Vishaka v. State of Rajasthan (1997):** In this landmark

case, the Supreme Court laid down guidelines to prevent
sexual harassment in workplaces. The court held that
sexual harassment violates the fundamental rights of
women to equality and dignity, and it directed the
implementation of preventive and remedial measures in all
workplaces until legislation was enacted to address the
issue.

2. **Olga Tellis v. Bombay Municipal Corporation (1985):**

In this case, the Supreme Court recognized the right to
shelter as an integral part of the right to life under Article
21 of the Constitution. The court held that forced eviction
of pavement dwellers without providing alternative
accommodation violated their fundamental rights, and it
directed the government to provide temporary shelters and
basic amenities to the homeless.
 3. **M.C. Mehta v. Union of India (1986):** This landmark
case highlighted the issue of environmental pollution in the
Taj Trapezium Zone near the Taj Mahal. The Supreme
Court issued several directives to industries in the area to
control pollution and protect the environment. This case
established the principle of strict liability for environmental
damage and emphasized the importance of environmental
protection in PIL jurisprudence.

4. **Subhash Kumar v. State of Bihar (1991):** In this case,

the Supreme Court addressed the issue of pollution caused
by hazardous industries in the state of Bihar. The court
issued directives to the state government to regulate and
monitor industrial activities to prevent environmental
pollution. This case reaffirmed the judiciary’s commitment
to environmental protection through PIL.

**Importance of PIL:**

1. **Access to Justice:** PIL provides a platform for

individuals and organizations to seek justice on behalf of
the marginalized and oppressed sections of society who
lack the resources to approach the courts themselves.
 2. **Accountability:** It acts as a check on arbitrary actions
of the government and public authorities, ensuring
transparency and accountability in governance.

3. **Social Justice:** PIL promotes social justice by

addressing systemic issues such as poverty, discrimination,
environmental degradation, and access to basic amenities.

4. **Legal Empowerment:** It empowers citizens by

enabling them to participate in the democratic process and
hold the government accountable for its actions.

**Criticism of PIL:**

Despite its significance, PIL has faced criticism on various

grounds:

1. **Judicial Activism:** Critics argue that PIL often leads to

judicial overreach, with courts delving into policy matters
best left to the executive and legislative branches of
government.
 2. **Selective Intervention:** There are concerns about the
selective nature of PIL, with courts giving precedence to
cases that garner media attention, while ignoring others of
equal importance.

3. **Delay in Justice:** PIL proceedings sometimes result in

lengthy judicial processes, causing delays in the resolution
of pressing issues affecting society.

4. **Forum Shopping:** There have been instances of misuse

of PIL for personal vendettas or to settle political scores,
undermining its credibility and effectiveness as a tool for
social justice.

**Role of Judiciary:**

The judiciary plays a crucial role in ensuring the effective

implementation of PIL and safeguarding human rights in India.
Through judicial activism and proactive interventions, courts
have interpreted the Constitution expansively to protect the
rights of citizens. Landmark cases such as Vishaka v. State of
Rajasthan and Olga Tellis v. Bombay Municipal Corporation
exemplify the judiciary’s commitment to upholding human
rights through PIL.

The judiciary's role In environmental protection through PIL is

also significant, as demonstrated in cases like M.C. Mehta v.
Union of India and Subhash Kumar v. State of Bihar. These
cases have led to landmark judgments that have established
principles for environmental conservation and protection.

**Conclusion:**

Public Interest Litigation has emerged as a potent instrument for

advancing human rights and social justice in India. Despite
facing criticism, PIL remains indispensable in holding the
government accountable and ensuring the protection of
fundamental rights. The judiciary’s proactive role in addressing
societal injustices through PIL underscores its commitment to
upholding the principles enshrined in the Indian Constitution.

Moving forward, a balanced approach that addresses the

concerns surrounding PIL while harnessing its potential for
positive change is essential for the continued advancement of
human rights in India. PIL has the potential to bring about
transformative changes in society by addressing systemic issues
and promoting inclusive development. As guardians of the
Constitution, the judiciary must continue to uphold the
principles of justice, equality, and dignity for all citizens through
judicious interpretation and effective implementation of PIL.