Concern regarding misuse of PIL was raised while dismissing a PIL asking the government to set up an independent body to regulate content on OTT and other platforms.
About PIL
- Defintion: PIL broadly refers to the litigations, filed by a party without any ‘locus standi’ (i.e., the party who is not aggrieved), to protect the general public interest.
- Genesis:
- In ‘Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai 1976, the SC relaxed the principle of Locus Standi for the first time thereby paving the way for origin of PIL.
- Hussainara Khatoon v. State of Bihar, filed by an activist lawyer regarding the inhuman condition of the prison, was the first PIL in the country.
- Significance: It brings justice to people who are ignorant, indigent, or illiterate.
Misuse of PIL
- As PIL is not been defined in any act, there have been many instances of abuse of this practice.
- Hence, in State of Uttaranchal vs Balwant Singh Chaufal & Ors, 2010 Case the SC issued eight directions to High Courts to preserve the purity and sanctity of the PIL (Refer to infographic).
![Image showing Directives to HC to ensure PILs are not misued. Key directives include- Encourage genuine and bona fide PIL; Formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives; Verify the credentials of the petitioner; Check the correctness of the contents; Ensure substantial public interest is involved before entertaining the petition; Give priority to petition which involves larger public interest, gravity and urgency; Ensure there is no personal gain, private or oblique motive; Adopt novel methods including imposing exemplary costs to curb frivolous petitions.](https://d2av8kbir6lh9m.cloudfront.net/uploads/I5KD48dqWcCBkMvgDDTOxou2G2EZf9W3uEHEzPWW.jpg)