Category Archives: Public Interest Litigation

What The Supreme Court of India Said On Banning Sale of Firecrackers in Delhi/NCR Region

Highlights of the Supreme Court judgement:

  • …bursting of fire crackers is not the only cause for alarming air pollution in Delhi and NCR, but it is also acknowledged that it is one of the major causes. It is also recorded in the judgment that on bursting of these crackers during Diwali in 2016, the air quality had sharply deteriorated…
  • …we have the direct evidence of deterioration15
    of air quality at alarming levels, which happens every year. As already pointed out above, burning of these fire crackers during Diwali in 2016 had shot up pm levels by three times, making Delhi the worst city in the world, insofar as air pollution is concerned…
  • …Insofar as adverse effects of burning of crackers during Diwali are concerned, those have been witnessed year after year. The air quality deteriorates abysmally and alarmingly and the city chokes thereby. It leads to closing the schools and the authorities are compelled to take various measures on emergent basis, when faced
    with “health emergency” situation. This very situation had occurred on the very next morning after Diwali in the year 2016. It resulted in passing the order dated November 11, 2016. This order prevailed
    during the year but the impact and effect of this order remains to be tested on Diwali days…
  • …Further orders in this behalf can be passed on assessing the situation that would emerge after this Diwali season…

Full Text of the judgement:

This is the full text of the Judgement of the Supreme Court of India on banning firecrackers and fireworks sale in the Delhi / NCR Region.

32461_2015_Judgement_09-Oct-2017

Frequently asked questions on PIL or Public Interest Litigation

Is PIL the same as a Writ Petition?

There is a slight difference between both.

One of the reliefs that can be prayed for in a PIL is a Writ of Mandamus, to compel the Government Officer to perform his duty.

The main point of difference in the PIL is the waiving of the requirement of Locus Standi i.e. even a person who is not personally interested in the subject matter, may file a PIL, in the larger interest of the public.

If there a format of submitting the PIL?

There is no rigid format for a PIL. Even letters are accepted as petitions, subject to certain conditions.

The PIL should contain the following information:

  • Particulars of the cause / order / statute regarding which the petition is made
  • Particulars of the Petitioner
  • Particulars of the Respondents
  • Declaration and undertaking of the Petitioner (that he does not have any personal interest other than public interest in the matter)
  • Facts in brief, constituting the cause
  • Any representations or petitions previously made
  • Documents relied upon
  • Prayers for Relief

In which court can a PIL be filed?

A PIL can be filed in the High Court of any state in India or the Supreme Court of India.

What are the fees for filing a PIL?

Rs. 50 per Respondent (or Govt. Organisation) is the fee for filing a PIL

What law governs a PIL?

High Courts now have separate rules for entertaining PILs

The Supreme Court has issued guidelines on PIL: http://www.supremecourtofindia.nic.in/circular/guidelines/pilguidelines.pdf

Case Laws on Public Interest Litigation

  • State Of Uttaranchal vs Balwant Singh Chaufal & Ors on 18 January, 2010

The number of laws violated by a typical religious procession in Mumbai

==UNDER CONSTRUCTION==

Most religious processions in Mumbai, come about for either (so-called) religious or political purposes. This article lists just some of the many violations of various laws, that most of these processions perform.

  1. Air Pollution Act
  2. Noise Pollution Act
    http://articles.timesofindia.indiatimes.com/2011-10-13/mumbai/30274541_1_noise-pollution-pil-anoop-mohta
  3. Water Pollution Act
  4. Littering
    Cracker debris
    Colour
    Flowers, fruit peels and other religious offerings being discarded
  5. Cruelty to animals
    http://www.indianjungles.com/210906.htm
    http://www.3dsyndication.com/dna/article/DNMUM127392
  6. Traffic Violations:
    Carrying persons on foot-board 123 177 MVA: Fine Rs. 100
    Carrying persons causing obstruction to the driver 125 177 MVA: Fine Rs. 100
    Carrying persons dangerously or carrying persons in goods vehicles MMVR 108 177 MVA Fine Rs. 100
  7. Child Abuse
  8. Child Labour