FROM A TO ZED: FILING A PIL

Human Rights Law Network

What is a PIL?

Unique mechanism for enforcing/implementing current law derived from article 39A of the Constitution of India to protect and deliver prompt social justice with the help of the law First PIL was filed in the 1980s by a petitioner named Sunil Batra who was an inmate in Tihar Jail. In his PIL, Mr. Batra complained of inhumane treatment India is now known worldwide for its successful use of PILs

Areas of Focus

PILs have proven most powerful and successful for promoting:

Fundamental rights issues, especially: prisoner rights, atrocities committed against women, instances of torture, police harassment, and environmental pollution

However, there is a great deal of uncharted territory in terms of human rights we can litigate under this framework including bringing sexual health education into the classroom, ensuring access to contraception, and securing the implementation of national entitlements and schemes

Criticisms

Although the Supreme Court has received criticism for being activist, the Court is just working in the face of executive inaction; where laws have not been implemented
Not

only laws but also previous court judgments and both national and state-level schemes, norms, and policies

Litigation is often seen as a method of last resort, but can play a more active role in tackling a myriad of problems

PILs: Some Basics

Any individual, organization or institution can file a case so long as it is not a personal matter The petitioner cannot be self-interested, meaning, he or she must not be seeking personal redress from the court

The credentials, motives, and the objective of the petitioner have to be apparently and patently aboveboard.

A court can also take a matter suo moto, meaning that the court decides to hear a case without a petitioner as such because it recognizes the issue as an important issue to be litigated

Parts of a PIL

Synopsis: Brief summary of your petition List of dates Petition: Your story Grounds: The reasons why youre litigating the issue Prayers
Remedies,

punishment, committees, investigations, new stand-in guidelines until the govt takes action, interim orders

Annexures: Supporting documents

How to Initiate a PIL: Go Into the Field!

Document the facts

Go

to the field, Take pictures, Talk to people who are affected or victims

Create this into a document or set of notes that you can share with an advocate and the court

How to Initiate a PIL: Making Representations

Make representations to the Government

Write

a letter to your government, ministry or local state office Keep track of your requests to the government and of their responses!

How to Initiate a PIL: Finding Supporting Documentation

Go back into the field:

Talk

to more people Get more details and stories, and Take more pictures

Also, take copies of supporting documents (e.g., relevant NRHM programmes, newspaper articles, etc.)

How to Initiate a PIL: Drafting Your Story

Gather all your notes, representations, pictures, and supporting documents and put them into one overarching story
Dont

worry about having too much information, the more the better!

This is what will be presented to the court

How to File a PIL: Approaching HRLN

Bring your story to HRLN (or any advocate) HRLN wants to help you get these issues before a court. Tell us your story and let us work with you to develop your PIL!

How to Initiate a PIL: Create Your Prayers

We help formulate your prayers so that the court knows what remedies you are seeking
Interim

orders, punishment, investigations, installment of committees, etc.

How to Initiate a PIL: File it with the Court!

We will take your PIL and argue it before either the High Court in your state or the Supreme Court of India and try our best to get a positive judgment!

Final Reminders

You can always file more information, This process takes time, Action is required from all sides to create meaningful change (grassroots activists, policy makers, the judiciary) Even after you have filed and received a positive judgment, we still have to work to make sure that our judgment is enforced and that change and justice is achieved.

Using the Law

Litigation is often seen as a tool of final resort, but this shouldnt always be the case The issues we face are multi-faceted and complex and they require multi-faceted and comprehensive action on our part This means that we work collaboratively, across professions and ideologies, to bring about positive change Litigation is not a silver bullet but it is instrumental in accomplishing much needed reforms!

HRLN Contact Information

NEW DELHI Tel: 011-24374501, 2376922 Email: hrlndel@vsnl.net/ wji.delhi@hrln.org, MUMBAI Tel: 022-23439651, 23436692 Email: huright@vsnl.com, KOLKATA Tel: 033-30967154, 033-2828012 Email: Kolkata@hrln.org, CHENNAI Tel: 044-52165131, 52165121 Email: Chennai@hrln.org, COCHIN Tel: 484-2390680 Email: kochi@hrln.org, TRIVANDRUM Tel: 0471- 5581466 Email: Trivandrum@hrln.org, BANGALORE Tel: 080-57624758 Email: Bangalore@hrln.org, SHIMLA Tel: 0177-2621108 Email: Shimla@hrln.org, CHANDIGARH Tel: 172-2616982 Email: chandigarh@hrln.org, ALMORAH Tel: 0596-2233814, Mobile: 09412045433 Email: almorah@hrln.org, KOLKATA Tel: 033-30967154, 033-2838012 Email: Kolkata@hrln.org, AHMEDABAD Tel: 91-79-7475815 Email: Ahmedabad@hrln.org, BHOPAL Tel: 07682-27473 Email: Bhopal@hrln.org, VARANASI Tel: 91-542-586676 Email: Varanasi@hrln.org, SIKKIM Mobile: 09832344691 Email: Sikkim@hrln.org, BHUBANESHWAR Tel: 0674-3096653 Email: bhubaneshwar@hrln.org, SONBHADRA (U.P) Tel: 5444-224578 Email: romakdeep@rediffmail.com, MANIPUR Mobile: 09436021438 Email: Manipur@hrln.org, HYDERABAD Tel: 040-27661883 Email: Hyderabad@hrln.org, JODHPUR Mobile: 09829021316 Email: jodhpur@hrln.org, ARUNCHAL PRADESH Tel: 0360-2212099 Email: anrunchal@hrln.org