LOK ADALAT

LOK ADALAT

Lok Adalat is system of the Judiciary where disputes between parties are resolved amicably without going into the long drawn proceedings as required in a court. The process is faster and expenses are minimum. So the Lok Adalat functions as an “Alternate dispute resolution forum.”

It is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. This Act mandates constitution of legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It also mandates organization of Lok Adalats to secure that the operation of the legal system promotes justice on the basis of equal opportunity.

Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.

If the parties are not satisfied with the award of the Lok Adalat (though there is no provision for an appeal against such an award) they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is refunded back to the parties.

The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly. The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute.

Nature of Cases to be Referred to Lok Adalat

a) Any case pending before any court, 

b) Any dispute which has not been brought before any court and is likely to be filed before the court.

Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.

Lok Adalats can deal with following Cases

·        Compoundable civil, revenue and criminal cases

·        Motor accident compensation claims cases

·        Partition Claims

·        Damages Cases

·        Matrimonial and family disputes

·        Mutation of lands case

·        Land Pattas cases

·        Bonded Labor cases

·        Land acquisition disputes

·                     ·         Bank’s unpaid loan cases

·        Arrears of retirement benefits cases

·        Family Court cases

·        Cases, which are not subjudice

Powers of Lok Adalats

1.  The Lok Adalat shall have the powers of a civil court.

2.  Power to summon and enforce the attendance of any witness and to examine him/her on oath.

3. Power to enforce the discovery and production of any document.

4.  Power to receive evidence on affidavits.

5.  Power for requisitioning of any public record or document or copy thereof or from any court.

6.  Such other matters as may be prescribed.

Which Lok Adalat to be Approached / Jurisdiction of Lok Adalats

As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of -

(1) Any case pending before; or

(2) Any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.

How to Get the Case Referred to the Lok Adalat 

The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties at a per-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party.

Levels and Composition of Lok Adalats

At the State Authority Level

 

The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of:

·    A sitting or retired judge of the High Court or a sitting or retired judicial officer and

·     Any one or both of - a member from the legal profession; a social worker.

At High Court Level

The Secretary of the High Court Legal Services Committee would constitute benches of the Lok Adalat, each bench comprising of:

·       A sitting or retired judge of the High Court and 

·   Any one or both of - a member from the legal profession; a social worker. 

At District Level

The Secretary of the District Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of:

·        A sitting or retired judicial officer and 

·      Any one or both of either a member from the legal profession; and/or a social worker.

At Taluka Level 

The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of:

·        A sitting or retired judicial officer and 

·       Any one or both of either a member from the legal profession; and/or a social worker.

National Lok Adalat

National Level Lok Adalats are held for at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts right from the Supreme Court till the Taluka Levels wherein cases are disposed off in huge numbers. 

Permanent Lok Adalat

The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like:

1. Transport service.

2. Postal, telegraph or telephone services.

3. Supply of power, light and water to public.

4. System of public conservancy or sanitation.

5. Insurance services and such other services as notified by the Central or State Governments.

Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat has jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs.

Mobile Lok Adalats

Mobile Lok Adalats are also organized in various parts of the country which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through this mechanism.

Advantages of Lok Adalats

1. Lok Adalats are meant for conciliated settlement of disputes outside court which is what most of the people like if the matter allows for this kind of settlement. There is a fear among a large number of people about taking disputes to court, not just about delay in getting justice but also for financial reasons. In fact, one of the reasons for the formation of Lok Adalat or people’s court is to provide fair and uncomplicated justice to the financially deprived section of our society. Though government provides legal aids to poor, there is a fear of monetary loss during the time period which is why most people prefer Lok Adalats.

2. Family disputes like property acquisition and matrimonial issues are far better and faster solved by these Lok Adalats in comparison to courts. It saves time and expenses and also is easier for parties to make their claim which is not the case when the matter is in court and witnesses are afraid of getting involved into legal matters.

3. The number of cases that require jurisdiction is increasing at an alarming rate. We have far inadequate number of courts and judges in our country than we require which leads to unnecessary delay even in smaller cases.

4. Lok Adalats can be a decent supplement to the work of courts and could contribute to justice in a good way only if awareness is increased and people are encouraged to opt for them. For illiterates and poor there are even more advantages of taking matters to lok adalat’s. Proceedings are conducted faster and in simple arrangements and even in local languages.

5. There is no absolute need to hire advocates by the victim and the convict, who can either prefer to have their cases pleaded by the lawyer or simply talk to the judge about the matter directly.

This is not a possibility in courts where a third person pleads the case and the people involved only get a say when their turn comes. To explain their stand directly is an advantage that makes people’s court very accessible and easy for people.

6. Even if the case is filed in court, the expenses are refunded to the party when the case is solved by Lok Adalat which is another reason why people should be made more aware of this litigation system where there is no fee involved.

In short the basic advantages of Lok Adalat’s are:

1. Speedy Justice

2. Economical

3. Unburdening of Courts and thus reducing the backlog of cases.

4. Maintenance of Cordial Relations (since the main thrust is on compromise and not punishment).

The evolution of movement called Lok Adalat was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in a queue to get justice. Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. If more and more people could understand the significance of Lok Adalats and resort to them for easy litigation's, there would be lesser pending cases in the files gathering dust since years in courts.

(The blog writer is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides being a frequent Panel Member in Lok Adalats, he is President of "Consumer Justice Council", Secretary of "SARATHI",  Member of "Jan Manch",  Holds "Palakatva of NMC",  Is a Para Legal Volunteer, District Court Nagpur & Member of Family Welfare Committee formed under the directions of Hon. Supreme Court.)