Public Interest Litigation

Public Interest Litigation (PIL) is a far-reaching, high-impact strategy that brings issues in the substance and enforcement of the law into the courtroom. It is recognized as an effective mechanism to pursue legal solutions to discriminatory practices or rights abuses that affect the interests of certain groups who would otherwise lack the resources or legal capacity to pursue them. Pro Public files public interest cases in the court to make His Majesty’s Government and the concerned authorities accountable to the constitution and laws of the kingdom in order to maintain the rule of law. Since its foundation in 1991, it has been working to promote democracy, rule of law, social and economic justice, good governance and environment protection through PIL. It has filed and supported several cases relating to environment protection, public grievances, fiscal indiscipline, corruption, civil rights and gender inequalities. It has handled more than 40 such cases till November 2003. Some of the landmark PIL cases filed and supported by Pro Public in the past include:

· Kathmandu valley open space case aims at protecting open space in the valley from encroachment and misuse for private purposes, 2003.

· Delay in the appointment of the members of the constitutional bodies case aims to establish rule of law in the Kingdom, 2003.

· Sexual harassment at workplace case aims to protect right to work and movement of woman worker, 2003.

· Solid waste dumping case of Kathmandu and Pokhara has been able to control pollution in Bagmati -1996 and Seti - 2001 river pollution.

· Protection of Rani Pokhari case has been able to conserve and enhance the beauty of 350 year old national heritage site, 2000.

· Environment quality standard case has compelled government to set the national ambient air quality standard and several industrial effluent standards towards combating air pollution and industrial pollution, 1999.

· Balkhu open space case has been able to protect 17 ropani (0.88 ha.) open space for public use, 1997.

· Air pollution case has been able to control air pollution including making available to lead free fuel, conducting road carrying capacity study and establishing air quality monitoring stations etc., 1996.

· Annulment of gender discriminatory legal provisions case guaranteed tenancy right to the daughters of the tenants of the land, 1995.

· Godawari marble industry case has established the right to healthy environment as a fundamental right of the citizen, 1989. In this case the Supreme Court concluded that the clean and healthy environment is the part of the right to life under article 12(1) of the constitution of the Kingdom of Nepal, 1990. The supreme court also issued directives in the name of the government to enact necessary legislation for protection of air, water, sound and environment and to take action to protect the environment of Godawari area (Kathmandu Valley).