Public Interest Litigation (PIL) is one of the most powerful judicial innovations in Indian constitutional history. Designed to ensure access to justice for all, especially the underprivileged and voiceless, PILs have transformed courts into proactive guardians of the public good.

As an advocate, I’ve often witnessed how a well-drafted PIL can not only expose systemic failures but also bring about long-lasting policy changes. If you're someone who wants to understand the actual legal process, requirements, and responsibilities behind filing a PIL in India, this blog is your practical and professional guide.

Understanding Public Interest Litigation (PIL)

A PIL is a petition filed in court not for personal gain but for public welfare. It addresses legal wrongs or inaction that adversely affect a section of society or the environment. The key idea is to bring justice to those who are unable to approach the courts themselves—due to poverty, ignorance, or oppression.

This could involve: Violation of fundamental rights of marginalized communities; Environmental harm; Government apathy or misuse of public resources; and Corruption, inaction, or abuse of power by public authorities.

Who Can File a PIL in India?

A unique aspect of PILs is that any Indian citizen can file one, even if they are not directly affected by the issue. The only condition is that the petition must serve a genuine public interest. This provision allows: Individuals, NGOs, Lawyers, and Social activists to approach the court when there’s a clear case of injustice or harm to the public or a vulnerable group.

Where Can a PIL Be Filed?

The Indian Constitution empowers citizens to file PILs in the following ways:

Article 32 – For filing a PIL in the Supreme Court of India

Article 226 – For filing a PIL in any High Court

The choice depends on the scale and gravity of the issue. Matters of national concern are best addressed in the Supreme Court, while local or state-level grievances can be addressed before the appropriate High Court.

When Can a PIL Be Filed?

Some valid situations for filing a PIL include: Denial of basic rights to marginalized communities; Poor living conditions in prisons or detention centers; Environmental destruction due to illegal construction or mining; Misuse or embezzlement of public funds; Inhuman treatment in state-run facilities; and Government negligence in public health, education, or infrastructure.
A PIL should never be used to settle personal scores or for publicity. Courts take a serious view of frivolous PILs and may impose penalties for misuse.

How to File a PIL: Step-by-Step Process

1. Identify a Public Interest Issue

Start by identifying a clear, verifiable issue that impacts the public. Make sure it has legal relevance and warrants judicial intervention.

2. Collect Evidence

Support your claim with solid documentation: Newspaper reports, Photographs, RTI replies, Government notices, Expert opinions and Sworn affidavits. Credible evidence strengthens the maintainability of your petition.

3. Legal Consultation (Highly Recommended)

While anyone can file a PIL, consulting an advocate who understands constitutional law or public interest litigation can help you: Avoid procedural errors, draft your petition effectively and anticipate counter-arguments. A well-structured petition is more likely to be entertained by the court.

4. Draft the PIL Petition

A PIL petition must include: Complete details of the petitioner; Description of affected people or public interest involved; Statement of facts and legal grounds; Nature of relief sought from the court; and List of documents and annexures.
Ensure that your language is precise, respectful, and factual. Courts are wary of exaggerated or emotional statements without proof.

5. Filing the Petition in Court

In the Supreme Court, submit the petition to the PIL Cell in the court registry.

In a High Court, file it in the registry of the concerned High Court along with the required court fees (if applicable).

If filed by an advocate, it must be properly vetted and signed. If filed by a layperson, the court may still consider it in the interest of justice.

6. Court's Review and Admission

Once submitted, the court will review whether the case qualifies as public interest. If the bench is satisfied, it admits the PIL and issues notice to the respondent authorities.

If the court finds the matter unsuitable, it may dismiss the petition at the initial stage itself.

7. Judgment

The final judgment may result in: Policy changes, Compensation, Directions to government departments and Structural reforms.
Some PILs lead to historic decisions that reshape public life. For instance:

M.C. Mehta v. Union of India (Clean Environment)

Vishaka v. State of Rajasthan (sexual harassment guidelines)

Conclusion: PIL as a Tool for Social Justice

Public Interest Litigation in India has empowered ordinary citizens to hold powerful institutions accountable. It bridges the gap between law and social reality. Whether you are an activist, lawyer, NGO, or simply a concerned citizen, a well-prepared PIL can drive real change.

But with great power comes responsibility. Use PIL ethically, strategically, and honestly. A single petition has the power to uplift communities, protect the environment, and restore public trust in governance.

In a landmark decision on April 30, 2025, the Hon’ble Supreme Court of India expanded the interpretation of Article 21 of the Constitution—Right to Life and Personal Liberty—to include the Right to Digital Access. This progressive judgment is a major stride toward digital inclusion and disability rights, marking a shift in how constitutional protections adapt to technological realities.

Background of the Case

The judgment arose from writ petitions filed by disability rights activists and affected individuals, urging the Court to direct the government and financial institutions to make digital KYC processes (e-KYC and Video KYC) accessible to persons with disabilities—especially acid attack survivors, individuals with visual impairments, and those with facial disfigurements.

The case was heard by a two-judge bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan.

Key Observations by the Supreme Court

The Court observed that in the digital age, access to governance, banking, education, and healthcare increasingly depends on digital infrastructure. Exclusion from this access effectively violates the right to live with dignity and autonomy.

“Bridging the digital divide is no longer merely a matter of policy discretion but a constitutional imperative,” the bench stated.

The judgment emphasizes that the digital divide perpetuates systemic exclusion, affecting not just persons with disabilities but also rural communities, the elderly, and economically weaker sections.

🔍 Constitutional Interpretation

The ruling reinterprets Article 21 by reading it in conjunction with:

• Article 14 (Right to Equality)
• Article 15 (Prohibition of Discrimination)
• Article 38 (State’s obligation to promote welfare)

Together, these provisions create a constitutional mandate for inclusive and accessible digital systems.

Key Directives Issued by the Supreme Court

The Court ordered significant reforms, including:

✅ Mandatory Accessibility Audits:

All digital platforms—public and private—must undergo periodic audits by certified accessibility professionals.

✅ Inclusive User Testing:

Persons with visual impairments must be included in user testing phases of all digital services.

✅ Departmental Accountability:

Each government department must appoint a nodal officer to oversee digital accessibility compliance.

✅ Alternative KYC Methods:

Financial institutions must adopt accessible alternatives for verifying “liveness” or live photographs, ensuring that no one is excluded due to physical impairments.

✅ Clarification on Customer Onboarding:

All regulated entities must be guided to implement inclusive onboarding processes, including video-based Customer Identification Procedures (V-CIP).

Significance of the Judgment

This is a milestone in recognizing technology as a tool for empowerment and not exclusion.

It affirms the State’s responsibility to ensure that digital services—especially essential ones like banking and e-governance—are accessible to everyone, regardless of their physical abilities or geographical location.

A Legal Professional’s Perspective

As a legal professional, this judgment reflects a transformative shift in how our judiciary views digital inclusion—not just as a policy goal but as a constitutional right. It reaffirms that substantive equality must be embedded into all aspects of governance, especially in an era where technology plays a pivotal role in daily life.

Way Forward

This judgment sets a strong precedent. Going forward:

• Institutions must invest in assistive technologies, inclusive design, and regional language support.
• The legal and tech communities must collaborate to ensure no one is digitally left behind.

Conclusion

This is not just a win for disability rights but a defining moment in India’s digital journey. By recognizing the Right to Digital Access as a fundamental right under Article 21, the Supreme Court has taken a powerful step toward building a just, inclusive, and accessible digital India.

 

 

In today's digital and paperless age, cheques continue to serve as a trusted mode of financial transactions in India. However, the dishonour of a cheque—commonly referred to as cheque bounce—can cause serious financial and legal consequences. Whether you are a business owner, service provider, or an individual, understanding your legal rights and remedies in such cases is essential.

What is Cheque Bounce?

Cheque bounce occurs when a cheque presented to a bank for payment is returned unpaid. The most common reasons include:

• Insufficient funds in the drawer’s account
• Signature mismatch
• Overwriting or discrepancies in the cheque
• Account closed or frozen

Under Indian law, cheque dishonour is not merely a financial default—it can also amount to a criminal offence under specific circumstances.

Legal Framework: Section 138 of the Negotiable Instruments Act, 1881

Section 138 of the Negotiable Instruments Act, 1881 provides a legal remedy for the payee if a cheque is dishonoured due to insufficient funds or if the amount exceeds the arrangement made with the bank.

Essentials for Action Under Section 138:

• The cheque must be issued for a legally enforceable debt or liability.
• It must be presented within 3 months from the date on which it is drawn.
• The cheque must be returned unpaid due to insufficient funds or similar reasons.
• A legal notice must be sent to the drawer within 30 days of the cheque return.
• The drawer is given 15 days from receipt of the notice to make the payment.
• If the payment is not made, a criminal complaint can be filed within 30 days after the notice period ends.

Penalties Under Section 138:

• Imprisonment of up to 2 years, or
• Fine up to twice the cheque amount, or
• Both

Criminal Remedy Under IPC: Section 420 – Cheating

In cases where the cheque was issued with fraudulent intent—knowing it would bounce—Section 420 of the Indian Penal Code (IPC) may apply.

This section comes into play when:

• The drawer intentionally deceived the payee at the time of issuing the cheque.
• There was no genuine intention to repay the amount.

Section 420 is a cognizable and non-bailable offence, with punishment extending up to 7 years of imprisonment and a fine.

Civil Remedy: Money Recovery Suit

Apart from criminal action, the aggrieved party can also choose to file a civil suit for recovery of money, especially in cases where:

• The timeline for action under Section 138 has expired.
• The payee prefers to avoid criminal litigation.
• The case involves additional claims like interest or damages.

Civil suits under Order 37 of the Civil Procedure Code (CPC) are often preferred for quick disposal of cases involving negotiable instruments.

Important Considerations

• You may initiate both criminal and civil proceedings simultaneously.
• Preserve all documents: cheque return memo, copy of legal notice, postal receipts, and bank correspondence.
• Timeliness is crucial for Section 138—missing deadlines may forfeit your remedy.
• Always consult a legal professional to draft and send notices appropriately.

Conclusion

Cheque bounce is not merely a breach of trust—it is a punishable offence that can impact both individuals and businesses. Indian law provides strong remedies to protect your financial interests and help you recover dues. Being legally informed and acting promptly with expert guidance can make all the difference in asserting and protecting your rights.

 

In a democratic country like India, knowing your legal rights is not just a safeguard—it is a necessity. While the Constitution and the legal system offer strong protections to every citizen, a large section of society remains unaware of these rights, especially when dealing with law enforcement authorities. This ignorance can lead to misuse of power, unlawful detentions, and even police harassment.

As a practicing advocate, I believe that spreading legal awareness can protect citizens from arbitrary actions and empower them to assert their rights confidently and lawfully.

1. Right to Be Informed of the Grounds of Arrest

Under Article 22(1) of the Constitution, every individual who is arrested must be informed of the reasons for the arrest. They also have the right to consult a legal practitioner of their choice.

This means you cannot be detained without being told why, and you can ask to speak to a lawyer immediately.

2. Right to Legal Representation

Legal representation is a fundamental right, not a privilege.
According to Article 39A of the Constitution and Section 341 of the BNSS, 2023 (earlier Section 304 CrPC), legal aid must be provided at the State’s expense if you cannot afford a lawyer.

3. Right to Be Produced Before a Magistrate Within 24 Hours

As per Section 58 of BNSS, 2023 and Article 22(2) of the Constitution, an arrested individual must be produced before a Magistrate within 24 hours.
If this is not done, it is considered illegal detention, and you can file a writ petition in the High Court under Article 226.

4. Appearance Before Police: Section 35 of BNSS (Earlier Section 41A CrPC)

You cannot be called to a police station without a valid written notice. Under Section 35 BNSS, police must issue a notice before summoning anyone for questioning, especially in non-cognizable offences.

Key Tip: Always consult a lawyer before complying with such a notice.

5. Rights of Women During Arrest

Indian law provides special protection to women:

• A woman cannot be arrested between 6 PM and 6 AM unless prior permission is taken from a Magistrate.
• Only female police officers are allowed to arrest or search a woman.
• A female constable must be present during any questioning.

These laws ensure the safety and dignity of women during custodial procedures.

6. Right to Inform Family or Friends

In the landmark judgment of DK Basu v. State of West Bengal (1977), the Supreme Court ruled that police must inform a relative or friend of the person arrested about the arrest and the location of detention.

This prevents secret detentions and ensures accountability.

7. Right to Medical Examination

Every person arrested has the right to a medical examination by a certified doctor.
They can also request one every 48 hours while in custody. This helps prevent custodial violence or torture and safeguards the person’s physical integrity.

8. What to Do If You Are Illegally Detained or Harassed

If you are being detained or harassed by the police without legal justification:

• Stay calm and politely ask for a written reason for the detention.
• Take note of the officer’s name, badge number, and police station.
• Call your lawyer immediately and notify a family member or friend.
• File a complaint before the State Human Rights Commission or move a writ petition in the High Court.

Conclusion

Legal knowledge is the first step toward empowerment.
Don’t wait for a crisis to learn the law. Whether you’re a student, employee, homemaker, or entrepreneur—knowing your rights during police encounters is a vital part of civic awareness. If you ever face a situation involving the police, remember: You are protected. You are empowered. And above all—you are not alone.

Stay informed. Stay safe. Stand for your rights.