You are on page 1of 4

> Public interest lawyering as a concept is new in India.

The only form of lawyering in the public interest


that is understood or recognized is what is known as “public interest litigation”. Public Interest Litigation
or “PIL” was an innovation initiated in India in the late seventies and early eighties to enable the most
marginalized communities to gain access to the higher courts. This was an innovation by lawyers,
activists, judges of the Supreme Court that was made possible by expanding the traditional rules of
standing in constitutional litigation so that any public spirited individual or organization could approach
the courts on behalf of those who had no access or the means to access the courts for relief.

>Public interest litigation is a litigation undertaken for the purpose of redressing public injury, enforcing
public duty, protecting social, collective and diffused rights, interests or vindicating public interest. It is
Legal action initiated in a court of law for the enforcement of public or general interest in which the
public or the class of the community has pecuniary interest, or has some interest because it will affect
their legal rights.

While this is an abstract term for the concept of public interest litigation, according to some, public
interest lawyering is the act of Public interest lawyering which is a process of legal empowerment aimed
at capacity building of everyday people towards using the law and institutions to bring about social
change. In public interest lawyering, the community takes the lead in an active process while working
hand in hand with lawyers. public interest lawyering is different from private interest lawyering where
the lawyer is paid by the litigator and the interest for defending is concentrated on one particular client
for specific reasons like for example, some wrongs caused to him.

>"Public Interest Litigation" or PIL right since its inception in the Indian judicial system,has shown some
good examples of safeguarding the rights of the people of India and has strengthened the position of
the Supreme Court of India as preeminent guardian of Fundamental Rights enumerated in the Indian
Constitution. It was introduced in India around 1979-80 by the Supreme Court judges, Justice V. R.
Krishna Iyer along with Justice P. N. Bhagwati. And since then there had been instances when the Courts
are keen to decide the matters of public importance without delay, as the case in Shyam sundar where
the court accepted the matter even when the application was made by a letter sent through post.

>The concept of public interest lawyering may be made clear with the example of few landmark cases:

For example, consider the case of Independent Thought Vs. Union of India, 2013, which was filed by
an NGO for criminalizing sexual intercourse with child brides. The Supreme court in this landmark case,
which is in the nature of public interest litigation, decided that even though S.376 IPC exempts sexual
intercourse with brides above 16 years of age from the concept of rape, the same must be considered as
criminal offence because POCSO Act extends the scope of the law to any sort of sexual intercourse done
with children who are under 18 years of age.

Here the petitioner is not a particular child-bride under the age of 18 but above the age of 15 who
has been victimized of marital rape . But the petitioner is an NGO who are cause lawyers or social cause
lawyers who filed the case for the cause of children’s right against sexual violence. Thus social cause
lawyers need not be actual lawyers always. They can be any individual who wish to fight for the causes
of socially oppressed, minority groups or for some specific environmental cause which may affect the
human society as a whole.

>Earlier, the judiciary , including supreme court entertained litigation only from those parties that were
affected directly or indirectly by it. It heard and decided case only under its original and appellate
jurisdiction. But subsequently the court permitted case on the ground of public interest litigation. It
means that even people, who are not directly involved in the court to involved to the case, may bring to
the notice of the court matters ot the public interest. It is the privilege of the court to entertain the
application for the public interest litigation. The concept of PIL was introduced by Justice P.N.Bhagwati.
PIL is important because Justice is now available to the poor and the weaker sections of the society.

The concept of Public Interest Litigation (PIL) is in consonance with the principles enshrined in Article
39A of the Constitution of India toprotect and deliver prompt social justice with the help of law. Before
the 1980s, only the aggrieved party could approach the courts for justice. After the emergency era the
high court reached out to the people, devising a means for any person of the public (or an NGO) to
approach the court seeking legal remedy in cases where the public interest is at stake. So here we can
say that this process changed the society and has played a very crucial role within the limits of judiciary
to promote justice and fare dealing to society.

Public interest litigation gives a wider description to the right to equality, life and personality which is
guaranteed under part III of the Constitution of India.

It also functions as an effective instrument for changes in the society or social welfare.

Through public interest litigation, any public or person can seek remedy on behalf of the oppressed class
by introducing a PIL.

Public interest lawyering is a process of legal empowerment aimed at capacity building of everyday
people towards using the law and institutions to bring about social change. In public interest lawyering,
general people and community takes the lead in an active process while working hand in hand with
lawyers. It is a process that requires the participation of the affected community from onset.Today we
understand that the significance of legal empowerment especially towards poverty reduction can be
seen with the established link between legal rights and poverty. It is therefore the moral duty of lawyers
to teach and educate the public about the law and how to use the law to achieve common good that will
positively impact on all the people with the same characteristics. The role of lawyers as agents of change
and builders of civil society ought to be made apparent from beginning just as medical doctors have the
underlining principle of saving life.

>Public Interest lawyering has played a crucial role in the Indian society and has changed the
society at large. Some lawyers are playing a good role in public litigations and have bought a big change
in society. The Indian Supreme Court has emphatically states that PIL is different from adversary
litigation .The Court observed that PIL is intended to bring justice to the poor people in the society.
Public interest litigation is bought before the court not for the purpose of enforcing the right of an
individual against another as happens in the ordinary litigation, but is intended to promote and vindicate
Public Interest which demands that violation of constitutional or legal right or any social right of large
number of people who are poor ,ignorant or in a socially and economically disadvantaged position
should not go unnoticed and unredressed.. So therefore in such a way a society can be developed and
changed at constent level or we can say by this process it is clear that the Indian society is changed
from traditional problems faced by the people of society to novel society.

>The public Interest lawyering has emphatically brought an impact on the society with new
development e.g . The poverty index has been decreased by such act , free legal aid clinic is the another
example of it .And it put an impact on law students that they are being attracted by such work that they
are doing their best over it. The Public interest lawyering has the emmance role of changing society and
initially before commencing of this process the people who were helpless and poor and Govt too was
not interested to bring a change in the society ,but later after the beginning of this process the society
has gradually changed and is still changing .This is really a good achievement of the society as we can say
it modernize the society. The country like India is not still reached to the extraordinary level as it is a
developing county but I believe that it should support such things and the Indian judicial system should
take the Suo moto cognisance of these activities and litigations.

>Public interest law encompasses a wide variety of activities that are designed to improve access to
justice for the most vulnerable and disadvantaged members of our society. These activities seek to
promote the fair and just operation of laws, policies and practices for all.

We traditionally associate community legal centres and legal aid offices with this sort of work, but
public interest lawyering takes place across a diverse array of practice settings: for example, government
departments, courts, and other community organisations. There are also the contributions of private
law firms and lawyers who act pro bono, meaning free of charge or at a significantly reduced fee.

>Public interest lawyers perform a number of different roles and tasks to promote access to justice.
Some common activities include offering free legal services, providing community education, or
undertaking law reform and policy work.

>Collaboration

The promotion of access to justice is not the exclusive province of lawyers. In fact, endeavours to
implement social and legal change are most effective when lawyers and other professionals collaborate.
Public interest law therefore provides a fantastic opportunity for lawyers and law students to cooperate
and work with other professionals in multidisciplinary endeavours.

>Clinical legal education

Some public interest lawyers offer clinical legal education to students. Clinical legal education is
about experiential learning and reflection. It involves moving law students out of the traditional
classroom to work with practising solicitors who act as clinical teachers. Clinical legal education offers
students the opportunity to combine learning and service, enabling them to learn from real life
experiences with clients. In this way, clinical work adds an invaluable hands-on component to legal
education.

> Public interest lawyering has made a very important role of changing minds of people in India ,those
people in the society who were not aware about the law and legislation in the society now have been
informed and acknowledged by law by the good lawyers ,and I think this is a very good step which
lawyers are doing for the benefit of public interest...

> Conclusion:_ In my conclusion I can say that public interest lawyering has bought a big change in the
society of India than in the past and its due to public interest lawyering now at least society is aware
about the law and it has made a significant change in the minds of people .It has modernised the society
as compared to past society before the commencement of it ,so I believe that it has made a change but
there are some other crisis which people are facing and it has to reach to that level ,I can't say that it
had not done anything, offcouse it has bring a change in society in different forms ,at last but not least I
again can say that it (Public interest lawyering) has give its best in my understanding...!

You might also like