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When Can A Public Interest Litigation Be Filed?

A Public Interest Litigation can be filed only in a case where "Public Interest" at large is effected. Merely because, only one person is effected by state inaction is not a ground for Public Interest Litigation

These are some of the possible areas where a Public Interest Litigation can be filed.

• Where a factory / industrial unit is causing air pollution, and people nearly are getting effected.
• Where, in an area / street there are no street lights, causing inconvenience to commuters
• Where some "Banquet Hall" plays a loud music, in night causing noise pollution.
• Where some construction company is cutting down trees, causing environmental pollution.
• Where poor people, are affected, because of state government's arbitrary decision to impose heavy "tax".
• For directing the police / Jail authorities to take appropriate decisions in regards to jail reforms, such as segregation of convicts, delay in trial, production of under trial before the court on remand dates.
• For abolishing child labour, and bonded labour.
• Where rights of working women are affected by sexual harassment.
• For keeping a check on corruption and crime involving holders of high political officer.
• For maintaining Roads, Sewer etc in good conditions.
• For removal of Big Hoarding and signboard from the busy road to avoid traffic problem.
• Recently a Public Interest Litigation has been filed, for directing the "Delhi Traffic Police" to stop the method of sending challans to address by post, as it is being misused.

Who Can File A Public Interest Litigation?

• Earlier it was only a person whose interest was directly affected along with others, whereby his fundamental right is affected who used to file such litigation.
• Now, the trend has changed, and, any Public-spirited person can file a case (Public Interest Litigation) on behalf of a group of person, whose rights are effected.
• It is not necessary, that person filing a case should have a direct interest in this Public Interest Litigation.

For e.g. a person in Bombay, can file a Public Interest Litigation for, some labour workers being exploited in Madhya Pradesh or as someone filed a Public Interest Litigation in supreme court for taking action against Cracker factory in Sivakasi Tamilnadu, for employing child labour or the case where a standing practicing lawyer filed a Public Interest Litigation challenged a government policy to transfer High Court judges and similarly a lawyer filed a Public Interest Litigation for release of 80 under trials in a jail, who had spent more number of years in jail, than the period prescribed as punishment for offence, for which they were tried.

It is clear that, any person, can file a Public Interest Litigation on behalf of group of affected people. However it will depend on every facts of case, whether it should be allowed or not.