Public Interest Litigation in Bangladesh

The term ‘public interest litigation’ (PIL), a new phenomenon in our legal system, is used to describe cases where conscious citizens or organizations approach the court bona fide in public interest. In Bangladesh, concerned citizens and organizations have challenged illegal detention of and innocent person for 12 years without trial, importation if radio-active milk, environmental damage resulting from defective flood action programme, appointment of the Chief Metropolitan Magistrate without prior consultation with the Supreme Court and so on. Within its scope, which is continuously expanding, PIL includes cases involving poverty related problems, police atrocities, illegal detention, environmental and consumer matters, health related problems, rights of children and women, minority affairs and other human rights issues. This is significant new development from at least two standpoints. First, the courts are for the first time concerned with public interest matters. This is the beyond the traditional role of the judges who previously adjudicated private disputes only. Second, it involves a public law approach with respect to the rules of standing, procedure and remedies to that private citizen can advance public aims through the courts.

Advancement of PIL in Bangladesh coincided with the restoration of democracy. Some attempts to introduce PIL in Bangladesh started since 1992. Initially, it was difficult to overcome the threshold problem. However, relentless efforts of the social activists enabled the progressive minded judges to interpret the Constitution liberally through a series of cases. When success finally came in 1996, the Supreme Court not only found that PIL is valid under the constitutional scheme, but that the Constitution mandates a PIL approach