PIL has opened many gates for social justice explain in the light of case law
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The Public Interest Litigation (PIL) is a unique concept of jurisprudence, which has not only given a new dimension to law but also has opened many gates for social justice. It was first introduced in India by the Supreme Court of India in the case of Hussainara Khatoon v. State of Bihar in 1979. PIL is a type of litigation which is initiated in a court of law, not by the aggrieved party but by the court itself or by any other public-spirited person for the enforcement of public interest or social justice.
The Indian judiciary has played a significant role in the advancement and protection of rights of the vulnerable and marginalized sections of the society through PIL. PIL has been successful in achieving many objectives that are essential for social justice. It has given a powerful and an effective legal tool to individuals and groups who have been denied access to justice. PIL has been used to address the issues related to environmental protection, consumer protection, public health, labour and human rights, etc.
The Indian Supreme Court has recognized the rights of the Scheduled Caste, Scheduled Tribes and other marginalised communities by addressing various issues of discrimination and inequality. M.C. Mehta v. Union of India (1987) is one of the landmark cases in which the Supreme Court directed the state to take concrete steps to protect the environment. In the Vishakha v. State of Rajasthan (1997) case, the Supreme Court laid down guidelines to protect women against sexual harassment at workplace. In the case of Laxmi Mandal v. Union of India (1998), the Supreme Court directed the state to formulate a scheme to provide free legal aid to indigent persons, who are unable to afford legal services.
The PIL has also helped in ensuring accountability of the state in providing basic amenities like education, health care, and clean drinking water to the public. In the Unnikrishnan v. State of Andhra Pradesh (1993) case, the Supreme Court directed the state to provide free and compulsory education to all children. In the cases of Common Cause v. Union of India (1996) and State of Punjab v. Mohinder Singh Chawla (1996), the Supreme Court directed the state to provide free medical treatment to the poor in government hospitals.
The PIL has thus been instrumental in bringing about social justice in India. It has empowered the citizens to demand their constitutional rights from the state and become active participants in the process of governance. It has enabled the courts to take a proactive role in the protection of fundamental rights of the citizens and in the realization of social justice.