Role Of Public Interest Litigation (PIL) In Environmental Protection
- IJLLR Journal
- 7 minutes ago
- 2 min read
Mohammed Hassan, VITSOL
1. Introduction
Public Interest Litigation (PIL) is a judicial innovation that allows individuals or groups to approach the courts in matters concerning the public at large, especially when fundamental rights or broader constitutional duties are at stake. Public interest Litigation means litigation filed in a court of law, for the protection of “Public Interest,” such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.1 In a democratic society like India, where access to justice is a cornerstone of governance, PILs serve as a powerful mechanism to uphold the rights of marginalized communities and safeguard collective interests. Introduced in the 1980s, PILs have democratized access to the judiciary by relaxing traditional rules of locus standi, thereby enabling socially conscious or publicly spirited citizens and organizations such as NGOs to file petitions on behalf of those who are unable to do so themselves. It has evolved into a vital tool for promoting transparency, accountability, and social justice.
One of the most significant areas where PILs have had a transformative impact is environmental protection. India’s rapid industrialization, urban expansion, and population growth have led to severe environmental degradation. Challenges such as air and water pollution, deforestation, hazardous industrial practices, and encroachments on ecologically sensitive zones have emerged as serious threats to both biodiversity and public health. Notable disasters like the Bhopal Gas Tragedy and the Ganga pollution crisis have underscored the urgent need for judicial intervention. Recognizing the gravity of these concerns, the Indian judiciary has increasingly responded to PILs by invoking constitutional provisions such as Article 21, thereby interpreting the right to a clean and healthy environment as a fundamental right. Landmark judgments, particularly those initiated by environmental activists like M.C. Mehta, reflect the judiciary’s proactive stance in balancing ecological preservation with developmental goals.
