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Lok Adalat: Speedy Disposal Settling Mechanism

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:
  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 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)

  1. 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.
     
  2. Every Lok Adalat organized in such area shall consist of:
    1. A serving or retired judicial officer, and
    2. 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.
  3. 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.
  4. 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.
  5. Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between 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 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

  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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.
     
  5. Mediation Centre:
    First mediation center was started in 1983 in Tamil Nadu with legal aid and advise from the board.
     
  6. 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.
     
  7. 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:
  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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

  1. 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.
     
  2. 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:
  1. http://www.legalserviceindia.com/legal/article-1823-lok-adalat-alternative-dispute-resolution-mechanism-in-india.html.
  2. https://blog.ipleaders.in/lok-adalats-india-speedy-justice/.
  3. https://www.civilsdaily.com/lok-adalats-origin-evolution-jurisdiction-power.
  4. http://www.legalserviceindia.com/articles/lok_a.htm
  5. http://www.legalservicesindia.com/article/583/Significance-of-Lok-Adalats-in-present-scenario..html
  6. https://viamediationcentre.org/readnews/Mzk3/Procedure-of-Lok-Adalat.

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