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Judicial Approach in Enforcing Human Rights through PIL |
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Harendra Beniwal |
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Public Interest litigation (PIL) in Indian judiciary is very pertinent for those who find it very
difficult to gain access to justice because of poverty, technicalities of law, rule of locus standi
or for some other reason. There is constant change in the approach of the judiciary with regard
to the main concerns of the PIL jurisdiction and its causes and consequences. During the earlier
years of the advent of PIL jurisdiction, the main concern was for the problem of the poor, but
this has, during the later period, changed into developmental concerns for the upper and middle
classes. This developmental concern is invariably expressed as a concern for the environment,
sustainable development, corruption in public life, public morals, public health, education,
etc., and addressing these problems may also incidentally and marginally benefit the poor.
Moreover, this developmental and environmental concern is expressed/shown as a concern for
all, including the poor and downtrodden sections of society. This change in judicial attitude has
been conditioned by predominant social and political priorities and ideologies. |
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