In what way can public interest litigation help the poor?
Public Interest Litigation (PIL) helps the poor by enabling those who cannot easily approach the courts to seek justice. The judiciary has allowed public-spirited citizens, social organisations, and lawyers to file petitions on behalf of the needy and deprived. This ensures that lack of resources does not prevent the poor from accessing the legal system.
Justice Bhagwati noted that the problems of the poor are qualitatively different and require a different judicial approach. If courts blindly follow adversarial procedures, the poor would never be able to enforce their fundamental rights. PIL allows the court to adopt a flexible approach specifically suited to the needs of the marginalized.
The judiciary has simplified the process by considering cases based on newspaper reports and postal complaints. For instance, in the Hussainara Khatoon case (1979), the Supreme Court heard a petition regarding under-trials in Bihar filed by an advocate. Similarly, in the Sunil Batra case, a scribbled note from a prisoner regarding torture was treated as a petition.
Through PIL, the courts have expanded the idea of rights to include clean air, unpolluted water, and decent living. The judiciary has shown readiness to consider the rights of those sections who are often ignored. Thus, PIL acts as the chief instrument of judicial activism to protect the interests of the poor.
Explanation
The answer draws directly from the provided textbook context regarding the evolution and purpose of PIL. It highlights the procedural relaxation (newspaper reports, letters), the philosophical justification (Justice Bhagwati's quote on adversarial procedures), and specific examples (Hussainara Khatoon, Sunil Batra) to explain how PIL assists the poor in enforcing their fundamental rights.