Question

Which of the following is not true about public interest litigation (PIL)?
1. Hussainara Khatoon v State of Bihar was a PIL case that focused on the inhumane conditions of the prisons. As a result of this case, over 40,000 prisoners were released under trial.
2. Citizen vs State of Assam
3. Parmanand Katara v Government of India was a PIL case that sought to declare that it is a paramount obligation of every member of the medical profession to provide medical aid to every injured citizen as quickly as possible without waiting for any procedural formalities. 
4. MC Mehta v. Government of India was a PIL case that sought to address the issue of Ganga water pollution.

Answer 1

Correct Answer - Option 2 : Citizen vs State of Assam

Citizen vs State of Assam is NOT correct.

• Among the options, all except Citizen vs State of Assam are true about public interest litigation (PIL).

 

• Public Interest Litigation (PIL) is the litigation filed in a court of law, for the protection of “Public Interest”.
  • Any matter such as pollution, terrorism, road safety, constructional hazards, etc, where the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.
  • In India, it was introduced by Justice P. N. Bhagwati.
  • Public interest litigation is not defined in any statute or in any act.
  • Public interest cases may arise from both public and private law matters.
  • The idea of ‘Public Interest Litigation’ has been borrowed from American jurisprudence.

 

• The Supreme Court of India and the High Courts have the right to issue PILs.
  • In the Supreme Court under Article 32.
  • In the High Courts under Article 226.
• Matters which are entertained under Public Interest Litigation are:
  • Bonded Labour matters.
  • Neglected Children.
  • Non-payment of minimum wages to workers and exploitation of casual workers.
  • Complaints of violation of Labour Laws (except in individual cases).
  • Petitions from riot victims.
  • Family Pension.
  • Petitions against police for refusing to register a case.
  • Atrocities on Women.