September 25,2018:
On Tuesday, Supreme Court criticized the tendency of Governments to accuse judiciary for encroaching upon domain of Executive and Legislature by passing orders for protection of the marginalised section of society through the PILs.
Apex Court Bench comprising of Justice Madan B Lokur, Justice Abdul Nazeer expounded that Governments do this to cover up their own failures in providing social justice to the people.
SC Bench further added that Concept of public interest litigation (PIL) has become a potent and very effective force to bring about immense social change through interventions made and directions issued by the apex court.
Supreme Court further added that,“During the last several decades, PILs have compelled this Court to consider issues relating to the environment, social justice, violation of human rights and disregard for Article 21 of the Constitution; either because of an absence of governance due to the failure of the state to faithfully and sincerely implement laws enacted by Parliament or due to mis-governance by State, that is, the central government, the state governments and Union Territory Administrations leading to rampant illegalities”.
“In recent times, usually and regrettably, the state has chosen to challenge the idea of PIL or denigrate it by chanting the mantra of judicial activism or separation of power" added the Bench.
Justice Lokur added that,"There must be a realization that PIL has given a voice to millions of marginalized sections of society, women and children,” Justice Lokur, who wrote the judgment, said.
SC Bench delivered a verdict on a PIL on prison reform and appointed a three-member committee headed by its retired judge Amitava Roy to recommend measures to provide reformatory environment along with basic facilities to prisoners to lead a dignified life within jail.
Supreme Court entrusted the task to Committee to examine 1,382 prisons in the country and file a comprehensive report on improving living conditions there for convicted and under-trial prisoners and to reduce overcrowding in jails.
Committee, also comprising Inspector General of Police, Bureau of Police Research and Development Director General (Prisons) Tihar Jail, is to file its report within a year and would also explore the option of setting up of an open prison.
Justice Lokur concluded by stating that PIL is one of the most important contributions of India to jurisprudence which is now being adopted by other countries too.
Source TOI
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