Published On: 2nd September, 2024
Authored By: Avani Mahajan
Symbiosis Law School, Nagpur
ABSTRACT
The following research paper aims at discussing the effectiveness of PIL in the two fields; education and environment legal aid. PIL has proved as a strong instrument in many nations for the people and different entities to fight for social justice and seek legal remedies for education and heathy environment. This paper first traces the historical background of PIL, legal principles and components specify as well as leading cases which have contributed to development of this area of law. It focuses on the comparative aspect to describe how various jurisdictions use PIL to tackle structural problems in education and environmentalism. The paper critically examines how PIL achieves accountability and enforceability of rights with focus being on the policy shift/ institutional transformations. Furthermore, the paper evaluates the merits and demerits of PIL, which covers legal and practical hurdles that hinder the competency of PIL.
INTRODUCTION
PIL has assumed a central role within the judiciary most importantly in protecting the rights of vulnerable groups of the society. In the sphere of education PIL has a critical function in pointing out where species of discrimination exist in Education and in guarding the right to education as a human right which cannot be violated. PIL enables an individual or a group to approach the court in a matter of public interest though they have no direct interest in it. This has been a useful judicial development within institutions of learning that has changed policies and practices because institutions of learning, and even the governments, have been forced to meet their constitutional and statutory requirements.
For this reason, the critical role that PIL has assumed in education cannot be overemphasized. It act as a form of accountability for the authorities since stakeholders and the public expect improvements in education to be provided and attained in form of good quality, equal and accessible education. Concerns like the poor and inadequate infrastructure of schools, equal opportunities or the violation thereof in educational institutions, and the non-implementation of the Right to Education have from time been brought by PIL. Such legal interferences have however ushered in dramatic shifts in policies and such resource provisions in the development of educational achievements amongst the disadvantaged.
That apart, PIL has also approached most of the significant cases in the sphere of environmental justice where the government realized that environment and quality education are two faces of the same coin. Pollution of the environment presents itself in various facets and tends to negatively impact vulnerable populace in determining educational inequalities. Judging from the PIL cases involving matters touching on environmental aspects, learning requires a safe and clean environment. For instance, lawsuits relating to cases of pollution, poor hygiene and more to enhanced learning environment has brought out the right to a suitable learning environment.
HISTORICAL BACKGROUND OF PIL ALONG WITH THE CONSTITUTIONAL PROVISIONS
PIL in India started almost in the late 70s and early 80s and it originated in the judicial system as a tool to empower the socially and economically backward and needy section of the society to seek justice. The idea of PIL was fashioned by Justice P. N. Bhagawati and Justice V. R. Krishna Iyer, they liberalized the principle of locus standi and anybody or any organization, who could not approach the court themselves, could approach in the name of all.
The structure of the constitution of India is quite favourable to the concept of PIL. According to provisions of the constitution of India, citizen can directly move to the Supreme court under Article 32 and to the High courts of the country under Article 226 for protection of their fundamental rights. Article 32 of the constitution which is described by Dr. B. R. Ambedker as the ‘heart and soul of the constitution ensures the right to constitutional remedies enabling the filing of PILs. Moreover, Directive Principles of State Policy and Fundamental Duties [Article 51A] also contribute to the spirit of PIL as they assert the state’s obligation to act for the welfare of the public.
PIL has since been extended to mean protection of almost all subjects right from the environment, human rights, consumers’ rights and, in particular, their right to education. Within the sphere of education PIL has helped in implementing the Right to Education Act as far as the issues of inequality in providing education were concerned and, moreover, the proper functioning of Equality principles as far as education was concerned.
Therefore, it is an essential tool of judicial activism under which the courts are able to respond to and heal social ills that are violations of the Constitution’s provisions that guarantee justice, equality, and human dignity to every citizen.
PIL IN REFERENCE TO EDUCATION AND ENVIRONMENT
PIL, in particular, pertains to the protection of the environment and students’ rights to quality education which is one of the vital tools for change through the invocation of constitutional and legal provisions by courts of law. PIL permits concerned individuals and groups to file petitions for those who cannot do so, thus it provides more access to the justice system.
In the field of education, PIL has an important part to play in asserting the right to education as well as in decrease and elimination of discriminations in matter of education and quality. For instance in India, PIL has ensured the enrolment of Right to Education Act (RTE), by forcing the government to offer free and compulsory education to every child of the ages, 6-14 years. Historical precedents like Unni Krishnan, J. P. v. State of Andhra Pradesh (1993) have declared education as a fundamental right and have brought major changes in the policies and resource outcomes in the area of education particularly for the deprived section of the society.
Similarly, environmental justice through PIL has been revolutionary with regard to both the subjects of protection and enforcement. Even matters that concern pollution of the environment, destruction of forests and natural resources, and their preservation have been determined by the courts. In India, the most captivating judgments were made through PIL. This was through the series of litigations in what is now famously referred to as the MC. Mehta v. Union of India series that led to the regime of legal measures against industrial pollution and automobile emissions in protection of public health and environment. These cases highlight the proper role of the judiciary, they show how they uphold the pillars of practicing good sanitation that is vital in the achievement of a healthy and sustainable environment for the society.
Internationally, PIL has been a strong instrument as seen in the United States, South Africa, and Brazil where judiciary continues to fight environmental and education inequality thereby emphasizing the recognition of the rights of people. Thus, by applying PIL, the courts around the world have brought crucial changes to the protection of environment and educational rights for all, thus proving that the judicial activism can change the society for better.
COMPARISIONS ABOUT INDIAN PIL FORMATS WITH OTHER COUNTRIES:
Various countries across the globe have adopted PIL as a mechanism to redress educational and environmental injustices since the approach has been related to the legal and social environments of the adopting country.
India emerges as the leader in this respect, and it is the judiciary that takes initiative for filing PILs relating to educational policies and protection of the environment. Courts like the Supreme Court of India have dealt with matters like implementation of the Right to Education Act along with directions permitting controls on air and water pollution to make it safe for students to learn.
United States courts have utilised PIL through the layer of class action suits. In education for example, decisions such as the **Brown v. Board of Education (1954)** brought down the racial aspect in schools enabling education for all. Environmental justice; Some of the legal instruments used are The Clean Air Act, Clean Water Act, among others, the environmental justice has been enacted through the litigations where even the court has enhanced strict laws in order to protect the public health and environment.
In South Africa, the Constitution provides for the realisation of socio-economic rights notably in education as well as in health, defined by a right to an environment that is not detrimental to the health of persons. It has been noted that these rights have been protected through PIL by the Constitutional Court. For example, in the **Grootboom case (2000)**, the court identified the rights of access to essential items which in turn affected educations institutions and the conditions of the environment.
Kenya has noted a Judiciary that has embraced PIL more so in the recent past after the adoption of the 2010 Constitution that opened up Standing for Public Interest. Judicial systems have dealt with both issues referring to them as the two inseparable sides of the same process – educating and polluting.
In Brazil, PIL is used specially to help schools grind on education inequity or to challenge environmental violations. The Public Prosecutor’s Office (Ministério Público) usually starts the PIL to invoke laws on education and environmental conservation emphasizing on the state responsibilities provided by the Brazilian Constitution.
PIL therefore shows each jurisdiction’s adherence to principle of upholding of human rights, through the use of judicial activism in such issues as social justice in education and the environment.
MERITS OF PRESENTING PIL:
Accessibility to Justice:
– Empowerment of Marginalized Groups: PIL enables any person without representation to seek the assistance of the court even where they are not affected but the current oppressed group that cannot afford a lawyer or legal aid.
– Judicial Activism: It empowers the courts to solve societal problems before they become out of hand thus make courts activism where they may intervene in cases they see as injustices and failures by other arms of the government in protecting rights of minimal litigants.
Public Awareness and Accountability
– Raising Awareness: PIL cases expose crucial aspects of the society to the public, which through the process engages in debate on social, environmental as well as educational matters.
– Government Accountability: Forcing authorities to answer for the action they have taken or decision they have failed to take, PIL encourages a message of accountability with the government and all affiliated organizations.
Judicial Redressal of Public Wrongs:Judicial Redressal of Public Wrongs:
– Addressing Systemic Issues: PIL is often used to challenge social problems that are widespread in society, that is, environmental pollution, destruction of forests, and the lack of access to education.
DEMERITS OF WRITING A PIL:
- Judicial Overreach:
– Separation of Powers: It was pointed out that PIL can result in judicial activism where judiciary trespasses into the realm of the other two branches of government and aims to do their job for them.
– Policy-making Role: The judiciary through PIL at at times, makes policy decisions that are supposed to be made by the legislative arm of the government.
- Frivolous Litigation:
– Misuse of PIL: There is also a potential for abuse of process which may see individuals or groups engage in the filing of PIL mainly for their personal or political gains whereby they come up with a petitions that are malicious and have no substance thus confusing the courts while there are genuine concerns in the society that need to be heard by the courts.
– Clogging the Courts: PIL may cause an inundation of cases in court noticeably slowing the process of justice delivery as other litigants wait for their turn to be heard.
- Resource Constraints:
– Limited Judicial Resources: As observed, these managing factors may pose pressure on the operational capacity of the judiciary in terms of time, personnel and finances since more cases of PIL are on the increase.
– Diversion of Focus: If a court concentrates a lot on PIL cases then it may lead to the development of other important cases pending in that court.
CONCLUSION:
Thus, PIL has without doubt demonstrated to be a powerful tool in the fight for social justice especially in the fields of rights to education and environmental conservation. While PIL opens up the judiciary for more groups of people to approach it for remedies for violation of their rights, these groups are usually those, which are socially and economically disadvantaged. The thing with judicial activism that PIL has encouraged has brought about many policy changes as courts demanded from governments and institutions compliancy with the Constitution towards the provision of the fundamental rights.
In the sector of education, PIL has been helpful in fighting for special right such as RTI, dealing with inequalities and ensuring that quality education facilities are provided to students. It has been found that due to the social action litigation land mark cases, the state has been forced to address the issue of education where the benefits have filtered to those in the disadvantaged groups. In the same way, PIL has brought about substantial progress in matters concerning environmental justice and put a lot of pressure to the authorities to establish rules and monitor serious provisions that protect the health of the public and the environment. Years ago, judiciary introduced other measures in order to control pollution and protect environment and children and enhance the standard of education and healthy living.
But the advantages of PIL depend on the fact that we must also look at the other side of the coin that entails the drawbacks of this method. Concerns like executive encroachment, abuse of PIL for avenue for larks and politically motivated matters, and docket impairment signify that this tool has to be properly addressed and utilized sparingly. That PIL stays a real instrument of public interest and does not trespass into the domain of the other two organs of the government is important for preserving the checks and balances and democracy.
All in all, with the help of PIL, more potential is possible for bringing some change and justice in society in the future. Improving the mechanisms for the enforcement of the court’s decisions, increasing the population’s consciousness, using PIL appropriately can strengthen the positive outcomes of the action. When societies go on struggling with the new difficulties in education and environmental protection, PIL remains a ray of light in this world revealing the way to change lives for the better.
