Elucidate the scope of Article 32 in context with the Public Interests Litigations (PILs) in India.
Published: January 4, 2017
Article 32 makes provsion for filing a Public Interest Litigation (PIL) wide Supreme Court orders. PIL is a potent tool for the protection of the public interest.
There are also situations in which the victim is not in possession of necessary resources to commence litigation, in such situation, the court can itself take cognizance of the matter and proceed suo motu.
A PIL is filed not for peronal benefit or any sort of pecuniary gains, but for the benefit of the public.
The Scope of PIL extends to the following areas which definitely helps in the protection of public interest
Non-payment of wages to workers and exploitation of casual workers and complaints of violation of labour laws.
Petitions from jails complaining of harassment, for (pre-mature release) and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as a fundamental right.
Petitions against police for refusing to register a case, harassment by police and death in police custo
Petitions against atrocities on women, in particular harassment of bride, bride burning,rape, murder, kidnapping etc.
Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance.
Petitions from riot -victims.
Therefore, it can be observed that the scope of filing the PIL is wide in its coverage and ensures protection of the Fundamental Rights of individuals in true sense.
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