Misuse of PILs is on the rise, neighbour’s dispute & marital dispute are coming as PIL now: Justice Jyoti Singh

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Justice Jyoti Singh of the Delhi High Court today, at the International Conference on Environmental Diversity and Environmental Jurisprudence, 2022 at Chandigarh University, spoke about the misuse of Public Interest Litigations(PILs). The judge was addressing the Technical Session-4 of the two-day conference on the topic "PIL- A tool in the present time: A balanced outlook."

Justice Singh said, "Misuse of PILs is also on the rise. Neighbour’s dispute, marital disputes, landlord-tenant disputes are all coming as PILs.” She also emphasized how these frivolous cases have a domino effect on serious litigations.

However, the judge also highlighted how the courts are dealing with the issue. She referred to the guidelines issued by the Supreme Court in the year 1988, delineating which PILs ought to be entertained.

"Today standard of PIL has been made stricter. If the petitioner has filed a PIL with an ulterior motive, they are not only dismissed but dismissed with costs," Justice Singh added. 

Courts' positive contribution to society through PILs also found place in Justice Singh's address. She referred to the case of Aditya Dubey v. Union of India (2021) pertaining to the practice of stubble burning, where the Apex Court issued guidelines for improving air quality in Delhi and monitoring the same. 

"Other than this, there have been serious orders banning plastic, and other pollutants. Courts have taken a two-pronged approach when it comes to PIL, first preventive approach and second polluter pays principle," the judge informed. 

Justice Singh also outlined how judges are also aware of the need of the day. "Judges have started to direct petitioners to plant trees as costs," she told. 

Pointing out how taking care of the environment is not only the government's responsibility, Justice Singh stressed that one should not throw garbage outside. "The way you keep your house clean is also the same manner in which you should keep your roads clean," Justice Singh concluded. 

Apart from Justice Singh, Justice Anupinder Singh Grewal of the Punjab and Haryana High , and Judge of Sri Lanka Supreme Court Justice AHMD Nawaz also addressed the session. 

The conference is being organized to emphasize on understanding and analyzing the potentials and threats faced by bio-diversity and to attain environmental Justice through sound regulatory mechanisms. This year's theme takes on the sustainable use of bio-diversity to assist Nation's growth while maintaining eco-system wellness and environmental Justice.

The conference also aims to sensitizing youth, professionals, social workers, community members, and people from all walks of life about Environmental Diversity and Environmental Jurisprudence as the need of the hour.