Introduction on Social Action Litigation
We have a traditional state of justice here. According to this, only any aggrieved or aggrieved party could approach the court. No one else could go to court on his behalf. If a person was unable to go to the court due to poverty or any other reason, then he was deprived of justice.
Then even if a person had a common interest in a case, the same person had to go to the court. No other person could knock on the court on his behalf.
After that people came to know that the court has constitutional power of intervention, which can be used to remove the sufferings of the victims like –
repression, government anarchy, administrative deviation, under trial prisoners, women in rotective custody, children, bonded, migrant and unorganized laborers, untouchables and scheduled tribes, landless agricultural laborers All of them are victims of harassment despite being innocent, besides trafficking of children and women, Those who live in slums and those who live on footpaths etc.
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In this way, despite being innocent, being unable to go to the court due to poverty or any other reason, social workers, organizations etc. started demanding justice in the Supreme Court on their behalf.
Social Action Litigation in Public Interest Litigation (PIL) is the latest concept of this century which has played an important role in taking many problems of the society to the court. In this, social and public problems are resolved through public interest litigation.
In order to deal with such a situation, initiative was taken by the social workers and conscious persons and social organizations to take such matters in which there is a wide public interest to the court and there was success in this, this was called social action Litigation.
Due to which, in matters of general interest, any person, association or organization started presenting prayer letters in the court through Public Interest Litigation (PIL). But for this it is necessary that such matters should be related to public interest at large. In other words, it can be said that matters of social importance can be presented in the court through Public Interest Litigation (PIL).
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Social action litigation means a lawsuit which –
(1) connected with social interest, and
(2) In which wider public interest lies.
For example –
Let us take the water of the Ganges. There is a wide interest of the general public in the water of Ganga and it is also related to the social interest. Therefore, social planning can be prosecuted to save such water from pollution. (M.C. Mehta v. Union of India, AIR 1988 SC 1115).
Essential conditions of Social Action Litigation (SAL) –
(1) he is in good faith,
(2) be connected with larger public interest,
(3) social interest is involved in it,
(4) it is not aimed at earning private profit,
(5) He should not be politically motivated.
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For example –
In the case of ‘Prayag Vyapar Mandal vs. State of Uttar Pradesh’ (AIR 1997 Allahabad 1), it was said by the Allahabad High Court that “public interest litigation can be brought in matters related to social interest, in matters of private interest No.”
In the case of ‘Rita Kumari Shah v. Shyam Sunder Shah’ (AIR 2007 DOC 259 Calcutta), matrimonial disputes were not considered to be involved in matters of public interest,
Hence such cases cannot be settled by Lok Adalats on the basis of mutual divorce. These matters are of personal interest and do not even come under public utility services.
Similarly, another case which was related to the inhuman act being done to the workers in the stone mines in Faridkot district of Haryana state is a good case of social action suit, in which a social action was taken by a social organization to attract the attention of the Supreme Court.
A letter was written and considering this letter as a writ, the Hon’ble Court not only ordered an inquiry but also directed that the policies and methods related to labor welfare should be implemented.
There are many such cases in which the Supreme Court took action by treating the letters as writs and expressed the opinion that “as stated earlier, in the case of public interest litigation, that is, in the case of social interest litigation, any person, institution or organization of the society can represent the aggrieved party. And can present prayer letter or suit in the court.
It was also said in the cases by the court that – “The doors of the court are now open not only for industrialists, contractors, smugglers or rich persons, but also for the general public.”
A good example of this is the case of ‘Jammu Consumer Council Vs State’ (AIR 2003 NOC 256 J&K), in which the J&K Court, considering the use of pollution-free water as a matter of social and public interest, Permission has been given to institute public interest litigation.
The case of ‘Parmanand Katara Vs Union of India‘ throws more light on this subject. In this, a scooter rider was seriously injured in an accident in the city of Delhi. A person named Parmanand Katara took him to a nearby hospital, but the doctor there refused to treat the accident victim until the medico-legal formalities were completed.
As a result that person died. The matter went up to the Supreme Court. The Supreme Court, considering it a matter of social importance, said that it is the duty of the medical officer that whenever such a case comes before him, he should first provide medical facilities without waiting for the completion of legal formalities. The court said that human life is more important than legal formalities. (AIR 1989 SC 2039)
In the case of ‘Vikram Devsingh Tomar vs. State of Bihar’ – the court was apprised of the pathetic condition of women living in Nari Niketan in Patna. Depicting Nari Niketan in it, it was said that the building is very old, the walls have collapsed, food is very bad, there is no medical facility, women are forced to live there in inhuman condition. (AIR 1988 SC 1782)
On this, instructions were given by the Supreme Court to improve the condition of Nari Niketan and it was said that every citizen has the right to live a life with human dignity.
It is clear from the above facts that in the case of social planning, a suit or prayer letter is presented in the court by some or more parties of the society interested in social interest. There is no personal interest of any of the parties in such cases. Its purpose is –
(a) To help the weaker section of the society.
(b) protect social interest
(c) To provide equal opportunities of justice to the general public.
Justice Krishna Iyer has termed such cases as class action, public interest suit, representative suit, social action suit etc.
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