The Role of Public Interest Litigation in Enforcing Social Rights and State Obligations

  • Aayush Kumar
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  • Aayush Kumar

    Student at O.P Jindal Global University, India

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Abstract

Public Interest Litigation (PIL) is a crucial legal tool in India that allows citizens to seek legal remedies for issues impacting the public. It ensures that the state fulfills its obligations towards social welfare and public interest. The Supreme Court of India plays a vital role in enforcing social rights and state obligations through PIL. It addresses various topics, such as human rights abuses, environmental degradation, corruption, and discrimination, emphasizing justice, transparency, and efficient implementation of laws. PIL enables marginalized individuals to access justice and advocates on behalf of affected communities, promoting inclusion and equality. By interpreting laws and acknowledging the interconnectedness of rights, PIL bridges the gap between legislation and societal needs, gradually fulfilling social rights. It also monitors the state's behavior, rectifying systemic flaws and creating legal precedents. PIL influences advocacy, public awareness, and pressures the state to fulfill its commitments. Upholding constitutional principles, PIL promotes social welfare and holds the state accountable while respecting the separation of powers. The Supreme Court's role in PIL has compelled the government to protect citizens' rights in cases like Olga Tellis v. Bombay Municipal Corporation, Vishaka v. State of Rajasthan, Bandhua Mukti Morcha v. Union of India, and Subhash Kumar v. State of Bihar. PIL is a potent arsenal for citizen empowerment, ensuring the state's duties towards social welfare and the public interest.

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International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 958 - 963

DOI: https://doij.org/10.10000/IJLMH.115497

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