Public Interest Litigation Issues

PUBLIC INTEREST LITIGATION REGARDING CHILD TRAFFICKING: ISSUES AND CHALLENGES

INTRODUCTION
Public Interest Litigation is a litigation which mainly focuses for the protection of the interest of the public. It is originated in a court of law, but not by the aggrieved party but by the court itself or by any other private party . It is basically a power given to the public by court through judicial review. It is not mandatory for the jurisdiction of the court that the person whose right has been infringed should approach the court personally. Public Interest Litigation is neither defined in any statute nor in any act . PIL has been explained by the judges to acknowledge the purpose of the public at large. There are various operations in which

The emergency period (1975-1977) viewed the colonial nature of the Indian legal system. Thousands of innocent people including political opponents were sent to jails and there was complete deprivation of civil and political rights . During the post emergency period, the judges of the Supreme Court openly neglect the impediments of Anglo- Saxon procedure in providing access to justice to the poor . Prior to 1980s only the aggrieved party could knock the doors of justice personally and seek remedy for his injustice. Only the affected parties had the locus standi to file a case and continue the litigation . Writ jurisdiction has been only for those persons who have suffered a legal injury due to infringement of his legal right. Thus these entire outlines has been changed gradually when the Supreme Court tackled the problem of access to justice, and changes and alteration has been made in the fulfillment of locus standi and of party aggrieved. Justice V.R.Krishna Iyer and P.N.Bhagwati observed the possibility of providing access to justice to the poor and the exploited people by mentioning the rules of standing . In the year 1979, the first reported case of Public Interest Litigation was targeted on inhuman condition of prisons and under trial prisoners. In Hussainara khatoon v. State of Bihar , PIL was filed by an advocate on the grounds of news item published in the Indian

According to a report published by the U.S. Department of State, “India is a source, destination and transit country for men, women and children subjected to forced labour and sex trafficking.” The Children of the poor and marginalized communities were often trafficked to be forced in to labour. The parents of these children who were below poverty line or whose socio- economic conditions has been lured which forced them to sell their children for better livelihood. Traffickers basically exploit those people who were poor and uneducated and lives in slum areas. Children are treated as commodities. Families who are below poverty line or whose socio economic conditions have been betrayed are generally approached by the traffickers to sell their children and in turn they have no other option to get rid of their pithful conditions, they