Lok Adalat is one of the Alternate dispute redressal mechanisms, it is a
forum where disputes cases pending in the court of law or at the pre-lawsuit
stage are settled and compromised appropriately.
Lok Adalat has been given lawful status under the Legal Service Authority Act,
of 1987.
In this act, it is mentioned that the verdict made by Lok Adalat is deemed to be
a decree of a civil court and is final and binding on all parties and no appeal
against it should be presented before any court of law.
If parties are not satisfied with the verdict of Lok Adalat although there is no
provision for appeal against such verdict parties are free to initiate a lawsuit
by approaching the court of appropriate jurisdiction by filing a case by
following the required procedure in the exercise of dispute.
Origin of Lok Adalat
The concept of Lok Adalat is very old and it comes from the pre-independence or
British Period. It serves as a very effective system among plaintiffs. This
system is among the most suitable methods for the Indian environment culture and
social interest.
The first Lok Adalat was started in Gujarat in March 1982 and soon spread to a
whole country. When the Legal Service Authority Act, of 1987 was enacted it
gives it a lawful power to Lok Adalat in accordance with Article 39-A of the
Indian Constitution. The act is said to provide free legal service to weaker
sections of society and ensure that justice is not denied by any of its
citizens.
Legislation Pertaining to Lok Adalat
The commencement of the Legal Service Authority Act, of 1987 gave a lawful
status to Lok Adalat, as stated in Article 39-A of the Indian Constitution.
Even before the enactment of this act Lok Adalat is very popular among people
with different names one such is PEOPLE'S COURTS. Disputes were settled by
Panchayat Heads or Tribal Heads been in a rage since ancient times.
When lawful consent had been given to Lok Adalat, it was clearly provided that
the award passed by Lok Adalat developing the conditions of compromise will have
the force of the order of a court which can be implemented as a Civil Court
order.
Jurisdiction of Lok Adalat
Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or
settlement between parties to a dispute in respect of:
- Any case pending before or;
- Any matter which is falling within the jurisdiction of, and is not
brought before, any court for which Lok Adalat is organized.
The Lok Adalat can also settle criminal cases which are merged under the
relevant law.
Lok Adalat Has The Power To Deal With A Number Of Cases:
Compoundable civil, revenue, and criminal cases, Motor accident compensation
claims cases, Partition Claims, and Damages Cases, Matrimonial and family
disputes, Mutation of lands cases, Land Pitta's cases, Bonded Labour cases, Land
acquisition disputes, Bank's unpaid loan cases, Arrears of retirement benefits
cases, Family Court cases, Cases, which are not subjudice.
Organization of Lok
Adalat (Section-19)
- A state authority or district authority, high court legal service
committee, or as the case may be; Tehsil legal service committee may
organize Lok Adalat at such places and for exercising such jurisdiction and for
such areas as it thinks fit.
- Every Lok Adalat organized in such area shall consist of:
- A serving or retired judicial officer, and
- another person of the area may be specified by the state authority or
district authority, high court legal service committee, or as the case may
be; Tehsil legal service
committee may organize Lok Adalat.
- The experience and qualification of a person. Referred to be in clause
(b) sub-section (2) for Lok Adalat shall be such as prescribed by the
central government in consultation with the Chief Justice of India.
- The experience and qualification of a person. Referred to be in clause
(b) sub-section (2) for Lok Adalat shall be such as prescribed by the state
government in consultation with the Chief Justice of the High Court.
- Lok Adalat shall have jurisdiction to determine and to arrive at a
compromise or settlement between parties to a dispute in respect of:
- Any case pending before; or
- Any matter which is falling within the jurisdiction of, and is not
brought before, any court for which Lok Adalat is organized.
Procedure at Lok Adalat (Section-20) The procedure followed by Lok Adalat Is very Simple and
as not as complex as is followed in other courts. The application could be
filled by both the parties related to the disputes or parties related to
disputes could even orally mention the matter before the court or at the time of
hearing referred to as Lok Adalat.
Any one of the parties can also file
applications related to disputes to Lok Adalat and the court after hearing all
the parties if prima facie is satisfied there are chances for settlement and may
refer to the dispute as Lok Adalat. Lok Adalat while listening to any case
before it under Legal Service Authority Act,1987 shall deal with matters with
utmost sincerity too, arrive at a compromise or settlement between the parties,
and shall be guided by the principle of justice, fair play, and other legal
principles.
When no compromise or settlement is accomplished, the case is
returned to the Court which referred to it. The case will proceed in court
further immediately before the reference. Further, no court fee is required to
pay by the parties.
The parties can be represented by a legal counsel hired by them, but in the
case, due to some reason if they cannot afford a legal counsel by themselves
then counsel can be provided by a legal aid committee
Awards Of Lok Adalat
(Section 21)
- Every award passed by Lok Adalat is deemed to be a
decree of civil court or as the case may be, an order of any other court where a
compromise or settlement has been arrived by a Lok Adalat in a case referred to
it under section 20(1) the court fee paid in such case shall be refunded in
the manner provided under the Court Fee Act,1870.
- Even the award made by Lok
Adalat shall be final and binding on all the parties to the disputes and no
appeal shall lie to any court against the award. Consent of the parties:
The
most important factor while deciding the case on Lok Adalat is the consent of
the parties.
Consent of the parties cannot be taken forcefully. However, if
parties decided that their dispute is settled through Lok Adalat then no one
party can back from its decision. Supreme Court says that in many cases if there
is no agreement Lok Adalat's decision is not binding normal court case process
is open for all the parties.
Supreme Court also says that compromise by both
parties reflects some element of housing. The content of its total consent is
not correct. A compromise is always bilateral and means adjustments with one
other party. Settlement is ending by mutual consent of both parties. If no
compromise or settlement could reach Lok Adalat cannot be passed the judgment.
Power Of Lok Adalat (Section 22)
- Lok Adalat has a similar power to the Civil Court governed under the
Code of Civil Procedure,1908
- Lok Adalat has the power to call for and carry out the presence of witnesses.
- Power to receive evidence regarding any case.
- Lok Adalat has the power to choose its own procedure regarding determining any
disputes. A proceeding that is conducted in Lok Adalat is Judicial.
Other Forms of Lok Adalat
- National Lok Adalat:
National Lok Adalat is held at regular intervals of
time, whereas single-day Lok Adalat is held throughout the country. In all the
courts of India right from Supreme Court to Taluk Levels cases are disposed of
in huge numbers. Since February 2015 National Lok Adalat are being held on a
specific subject matter every month.
- Permanent Lok Adalat (Section- 22 B)
Indian Parliament bought certain
amendments in Legal Service Authority Act,1987 in 2002 by standardizing Lok
Adalat into a permanent body that settles disputes related to essential public
services. Central or State authorities may organize Lok Adalat by issuing
notifications by determining issues connected to essential public services.
- Mini Lok Adalat:
Legal aid camps or Lok Adalat at the sub-district level in
villages are like forums. Functioning in rural areas to help rural and tribal
people to resolve disputes that arise among them with all competency.
- Village courts:
These are the units of state government like panchayat. The
administration here is a subject matter of the state, therefore, it comes under
the state panchayat raj institution enactment act comes into play, village
courts come under article 40 of the Indian Constitution.
- Mediation Centre:
First mediation center was started in 1983 in Tamil Nadu
with legal aid and advise from the board.
- Centre for Women:
To give special status to women and solve their problems.
Tamil Nadu state government laid its foundation and expand the women's mediation
center. These centers were started for women to deal with matrimonial issues
they also helped in solving disputes in which women are involved.
- Mobile Lok Adalat:
Organized in various parts of the country which travel
from one place to another to resolve disputes in order to facilitate settlement
through this mechanism. As of 30.09.2015 more than 15 lakhs of Lok Adalat have
been organized throughout the country since its inception. More than 8.25 crores
cases have been settled through this mechanism so far.
Levels and Composition of Lok Adalat's:
At the state authority level:
The member or secretary of the state legal service
authority organizing Lok Adalat would constitute benches of Lok Adalat, each
bench compromising sitting or retired judge of the High Court or a sitting or
retired judicial officer and any one or both the member from the legal
profession, a social worker who work for the betterment of the weaker section of
society and aware them about their legal rights.
At High Court Level:
Secretary of the High Court legal service committee would
constitute a bench for Lok Adalat compromising a sitting or retired judge of the
High Court and any one or both the members from the legal profession, a social
worker who works for the betterment of the weaker section of society, and aware
them about their legal rights.
At District Level:
The Secretary of the district legal service authority
organizing Lok Adalat would constitute a bench of Lok Adalat compromising a
sitting or retired judicial officer and any one or both the member from the
legal profession, a social worker who work for the betterment of the weaker
section of society and aware them about their legal rights, especially women's.
At Taluk Level:
Secretary of the taluk legal service committee organizing the
Lok Adalat would constitute a bench of Lok Adalat bench comprising of a sitting
or retired judicial officer and any one or both member from the legal
profession, a social worker who work for the betterment of the weaker section of
society and aware them about their legal rights, especially women's.
Need of Lok Adalat:
Justice Ramaswamy says "resolving disputes through Lok
Adalat not only cost less expenditure in the lawsuit, but it also saves precious
time of both the parties and their witnesses results to less expense and promote
by settling disputes through which both the parties are satisfied."
Courts in
India deal with legal matter mainly and faces four major issues:
The numbers of
courts and judges in India are an alarming sign and they are insufficient,
Increase in the number of cases of improper acts enacted by central and state
government, the High cost of expense related to a court case, heavy court fees,
lawyers fee, and others expenses, Delay in settlement of cases resulting in a
high number of pending cases which creates excess pressure on courts to settle
them.
Lok Adalat's contribution to the Indian Judicial system is very remarkable by
providing justice to all. In addition to the work and efforts of the courts. The
area, where Lok Adalat contributed most, is to helping poor and needy men who
need justice especially weaker and backward sections of society.
Advantages of Lok Adalat
Nowadays Lok Adalat is very popular among people for settling their disputes
through compromise or compensation due to its several advantages which we cannot
see in a normal Court of Law.
These factors are responsible for its quick settlement of disputes. They are as
follows:
- Procedural Flexibility
There exist significant procedural flexibility as major procedural laws such as
the Code of Civil Procedure,1908, and the Indian Evidence Act, of 1872 is not
followed much. Parties can directly communicate with their legal practitioner
which is not possible in regular court. The nature of Lok Adalat is very dynamic
which allows them to pacify the interest of both parties and pass decisions that
are accepted by both of them.
- No Court Fees
No court fees are charged when matters are filled in Lok Adalat. If a matter is
undecided in the Court of Law and referred to as Lok Adalat and settled
Subsequently the court fee which is originally paid at the time of
complaint/petition is refunded back to the parties.
- Final and Binding Award
As per section 21 of the Legal Service Authority Act,1987 award passed by Lok
Adalat Shall remain final and binding. As no further appeal should file for this
decision, the cases are put to rest on the first instance.
- Maintenance of Cordial Relationship
The main core of Lok Adalat is to compromise between parties. While conducting
the hearing Lok Adalat acted as a Conciliator and not as an arbitrator. Its role
is to compromise between parties and reach a solution that helps them to resolve
their issue. This encourages consensual arrangements. Therefore, disputes are
not only settled but also the cordial relationship between parties can be
retained. It is a very healthy way of dispute resolution.
Areas where Lok Adalat Could Improve
- Enforceability Lies with Civil Court
The award passed by Lok Adalat is considered like the decrees of the civil
court. Lok Adalat cannot enforce these decisions; this power lies with the Civil
Court. Therefore, parties need not apply for enforcement.
I personally believe that Lok Adalat should have the power of enforcement so
that they can ensure that the decision passed by them is executed properly by
following all rules and regulations.
- Lack of Criminal Jurisdiction
The jurisdiction of Lok Adalat with respect to criminal disputes is limited to
offenses that are compoundable under law. This removes crimes such as petty
theft, theft, and other small crimes from the purview of Lok Adalat. Hence this
should be removed to bring crimes within the purview of Lok Adalat.
Conclusion
Lok Adalat has become an essential part of the Indian judicial system and has
become the opening for access to justice for the poor and oppressed. They have
filled the gap of Legal Aid but still need improvement in certain areas which
could increase the efficiency even more.
Lok Adalat's act of providing "access" to justice to all should be reviewed for
its effectiveness in providing aggrieved parties true justice.
Lok Adalat was very necessary in countries like India where it's needed can see
in historic times also. In India Illiteracy is very common and fails the
governance system because people can't understand it properly.
The most appropriate function of Lok Adalat could be to clear the backlog of
pending cases in Indian courts. In one of the latest reports, it is mentioned
that there are 3 Crores pending cases. The concept of Lok Adalat has been
successful in this practice to solve and settled those cases.
One can come to the conclusion that people have more expectations from Lok
Adalat to provide them justice by settling their old and long disputes.
References:
-
http://www.legalserviceindia.com/legal/article-1823-lok-adalat-alternative-dispute-resolution-mechanism-in-india.html.
- https://blog.ipleaders.in/lok-adalats-india-speedy-justice/.
- https://www.civilsdaily.com/lok-adalats-origin-evolution-jurisdiction-power.
-
http://www.legalserviceindia.com/articles/lok_a.htm
-
http://www.legalservicesindia.com/article/583/Significance-of-Lok-Adalats-in-present-scenario..html
- https://viamediationcentre.org/readnews/Mzk3/Procedure-of-Lok-Adalat.
Please Drop Your Comments