This long article is written by Pratik Prakash Jaiswal from, G. H. Raisoni Law College, Rashtrasant Tukadoji Maharaj Nagpur University,Maharashtra, India
Abstract
This article examines the evolution and contemporary relevance of Public Interest Litigation (PIL) in India through the analytical frame of sociological jurisprudence, with a specific focus on privacy and protection laws in the digital age. It traces doctrinal and practical developments from the procedural innovations that democratised access to courts, to landmark constitutional rulings that enshrined privacy, dignity and equality as enforceable rights. By analysing prominent PILs and constitutional judgments, including Hussainara Khatoon, Bandhua Mukti Morcha, Olga Tellis, Vishaka, NALSA, K.S. Puttaswamy, the Aadhaar litigation and Navtej Singh Johar, the paper demonstrates how courts have used purposive interpretation, continuing mandamus and proportionality tests to secure substantive protections for marginalised groups. The study then turns to emerging challenges: algorithmic decision-making, mass surveillance, cyber insecurity, and innovations in financial technology such as cryptocurrencies, all of which raise complex questions about informational autonomy, transparency, accountability and distributive fairness. Methodologically, the paper synthesises doctrinal analysis with socio-legal evidence and technical audits filed in PILs to assess real-world impact. Drawing on comparative perspectives and contemporary regulatory debates, the article proposes a pragmatic framework for deploying PILs in the digital era: clearer proportionality standards, institutional collaboration with regulators and technical experts, targeted and measurable remedies, and robust monitoring mechanisms. While PILs cannot substitute for comprehensive legislative frameworks, they catalyse rights protection, prompt regulatory action and ensure that vulnerable communities are not left behind. The conclusion emphasises that a renewed sociological jurisprudence, one that honors constitutional commitments to social justice while embracing technical expertise and democratic processes, can help preserve meaningful fundamental rights amid rapid technological change. Finally, the paper stresses that judicial success depends on sustained civic engagement, institutional accountability and continuous evaluation of technological systems for fairness and inclusion.
Keywords: Public Interest Litigation, Privacy, Data Protection, Sociological Jurisprudence, AI & Law
