Govt plans legislation to curb public interest litigation

The government wants the judiciary to reform the process of public interest litigation.

"If the courts don't lay down parameters for PIL, then a legislation is inevitable,'' warns Union Law Minister Ramakant Khalap. The use of PIL has been blown out of proportion in this country, he says, but admits that such legislation has been a boon for many Indians in their quest for justice.

The minister also denies the belief that the government's attempt to restrict the use of PIL is to avoid likely embarrassment to several politicians accused of misdemeanour, financial and otherwise.

The courts, he claimed, feel that the locus standi of such litigation had to be adhered to. "The government intends to act in the same direction so that only genuine PIL is entertained," Khalap said.

The minister said it had been recommended that court fees be increased to encourage only genuine PIL cases. Hiking the court fees, he felt, would not be a hindrance in filing petitions. "I welcome a public debate on the issue before taking any steps," he said.

Khalap also disclosed that he has convened a meeting of state law ministers on June 30 to draft a Bill for speedy disposal of cases in the courts. There are approximately 30 million cases clogging up India's legal system. The Bill to clear up the legal backlog will be presented in the monsoon session of Parliament.

Justifying the review petition filed by the government against the Supreme Court's decision banning aqua culture in the coastal regulation zone, Khalap has mooted an Environment Regulatory Authority to review all aquafarms in the country on a case-by-case basis.

Though he agrees with the Supreme Court's contention that aquaculture affects coastal ecology, the minister said the verdict should not affect the lives of those dependent on fishing for their survival.

While he supported the banning of development within 500 metres and a no-construction zone within 200 metres from the high tide line, he also suggested that the CRZ guidelines should not be generalised, but fixed keeping the prevailing conditions in mind.