Lok Adalat in India
The National Legal Services Authority (NALSA) has announced the schedule for the National Lok Adalats for the year 2024, in accordance with the Legal Services Authorities Act, 1987, and the National Legal Services Authority (Lok Adalats) Regulations, 2009. These Lok Adalats are set to be organized nationwide, adhering to the mentioned legislations, within various courts and tribunals.
The procedural guidelines for these Lok Adalats underscore the significance of holding pre-Lok Adalat or pre-conciliation meetings prior to the designated date. This approach aims to facilitate negotiation opportunities among the disputing parties, encouraging amicable resolutions.
.png "Lok Adalat in India")
What is Lok Adalat?
Lok Adalat, which translates to "People's Court" in English, is an alternative dispute resolution (ADR) mechanism within the Indian legal system, aimed at resolving disputes through conciliation and compromise. It represents a significant component of India's efforts to make justice accessible, affordable, and speedy, particularly for those who may be marginalized or unable to afford the cost of lengthy legal processes.
Lok Adalats are based on the principles of participatory justice and offer a practical, informal mechanism for the resolution of disputes without the procedural complexities of traditional court proceedings.
Key Features of Lok Adalats:
Participation in a Lok Adalat is voluntary for both the parties to a dispute. They have the option to settle their dispute amicably through negotiation facilitated by the Lok Adalat or to opt out if they prefer to pursue their case through formal court proceedings.
If a dispute is settled through a Lok Adalat, there are no court fees. If a case pending in a court is referred to a Lok Adalat and is resolved there, the court fee originally paid is refunded to the parties.
Lok Adalats have the jurisdiction to resolve a broad range of disputes, including matrimonial, civil, criminal (compoundable offenses), and labor disputes, as well as issues related to public utility services. However, they generally do not handle non-compoundable criminal cases.
The decisions made by Lok Adalats are final and binding on the parties involved. These awards have the same status and enforceability as a decree of a civil court and are not subject to appeal in a higher court, except under very limited circumstances.
The process in a Lok Adalat is guided by principles of fairness, justice, and equity, rather than strict procedural laws. This informal atmosphere encourages parties to freely discuss their issues, leading to mutually acceptable solutions.
Structure:
Lok Adalats are organized at various levels, including national (by the National Legal Services Authority), state (by State Legal Services Authorities), district (by District Legal Services Authorities), and taluk levels, to ensure that their benefits reach all parts of the country. They can be organized as regular Lok Adalats, Permanent Lok Adalats (for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to public utility services), or Mobile Lok Adalats (designed to reach remote areas).
Objectives:
The primary objectives of Lok Adalats include reducing the burden on the court system by diverting cases that can be resolved through negotiation, providing a mechanism for speedy and cost-effective dispute resolution, and ensuring that justice is accessible to all segments of society, especially the economically weaker and socially marginalized.
In summary, Lok Adalats play a crucial role in the Indian legal ecosystem by offering an efficient, equitable, and accessible forum for dispute resolution, embodying the principles of alternative dispute resolution and restorative justice.
2024 National Lok Adalat Schedule
The approved schedule for the National Lok Adalats in 2024 is as follows:
1. 1st National Lok Adalat - 09/03/2024
2. 2nd National Lok Adalat - 11/05/2024
3. 3rd National Lok Adalat - 14/09/2024
4. 4th National Lok Adalat - 14/12/2024
The incorporation of technology and digital tools is advocated to enhance the efficiency of organizing National Lok Adalats. The directive highlights the established practice of hosting four National Lok Adalats annually, with the performances of the sessions in 2021, 2022, and 2023 showing promising results in resolving both existing and pre-litigation disputes.
1. Year 2021:
- 4 Lok Adalats held
- 72.06 lacs pre-litigation cases
- 55.82 lacs pending cases disposed of
2. Year 2022:
- 4 Lok Adalats held
- 310.15 lacs pre-litigation cases
- 109.11 lacs pending cases disposed of
3. Year 2023:
- 4 Lok Adalats held
- 673.78 lacs pre-litigation cases
- 136.52 lacs pending cases disposed of
Levels and Composition of Lok Adalat in India
Lok Adalats (People's Courts) are a significant aspect of the Indian legal system, established to facilitate the resolution of disputes through conciliation and compromise. They are an alternative dispute resolution (ADR) mechanism that allows for the settlement of disputes outside the formal court system. Lok Adalats are organized at various levels and have a specific composition to ensure fair and equitable justice. Here's an overview of their levels and composition:
Levels of Lok Adalats:
High Court Level: The Secretary of the High Court Legal Services Committee is responsible for assembling Lok Adalat benches, each consisting of either a sitting or retired High Court judge. These benches are further enhanced by the inclusion of individuals from the legal profession, such as lawyers, and/or social workers dedicated to the welfare of marginalized communities and the promotion of legal services initiatives. This diverse composition ensures a comprehensive approach to resolving disputes, blending legal expertise with social sensitivity.
State Level: At the state level, State Legal Services Authorities (SLSAs) are responsible for organizing Lok Adalats. Each state and union territory in India has its own SLSA.
District Level: District Legal Services Authorities (DLSAs) organize Lok Adalats at the district level, ensuring that the mechanism for dispute resolution is accessible at a more local level.
Taluk Level: At the taluk level, Taluk Legal Services Committees (TLSCs) organize Lok Adalats, making the system accessible even in remote areas.
Composition of Lok Adalats:
A Lok Adalat is typically chaired by a retired or sitting judge of the Supreme Court, High Courts, or a person of eminence in the legal field. At the state or district level, it could be chaired by a retired or sitting judge of the High Court or a District Court.
Apart from the chairperson, a Lok Adalat panel usually includes other members such as lawyers and social workers who have experience and expertise in the legal field, ensuring a well-rounded perspective in the resolution process. The number of members can vary but usually includes both legal professionals and laypersons.
Key Features of Lok Adalats
Jurisdiction: Lok Adalats have the competence to deal with a variety of cases, including matrimonial disputes, land disputes, labor disputes, and compoundable criminal cases. They do not have jurisdiction over non-compoundable criminal cases.
No Court Fees: If a matter pending in a court is referred to a Lok Adalat and is settled thereafter, the court fee originally paid in the court on the complaint/petition is also refunded back to the parties.
Legal Status of Awards: The awards (decisions) given by Lok Adalats are deemed to be decrees of a civil court and are final and binding on all parties. There is no provision for an appeal against a Lok Adalat award, but they can be challenged through petitions only on limited grounds.
Lok Adalats play a crucial role in the Indian legal system by offering a cost-effective, efficient, and speedy resolution of disputes, thus reducing the burden on traditional courts. Their structure is designed to be inclusive and accessible, providing a platform for disputing parties to reach amicable settlements with the help of legal professionals and community members.
Nature of Cases to be Referred to Lok Adalat
Lok Adalats, an essential component of India's legal framework, provide an alternative dispute resolution mechanism aimed at ensuring the expeditious settlement of disputes through a process of negotiation, conciliation, and judgment, which is final and binding on all parties. The types of cases that can be referred to a Lok Adalat include:
Cases Pending Before a Court: Any legal dispute that is currently under consideration in any court of law can be transferred to a Lok Adalat for resolution. This applies to civil cases (such as matrimonial disputes, property disputes, compensation claims) and certain categories of criminal cases that are not of a serious nature and can be compromised.
Disputes Not Yet Brought Before a Court: Lok Adalats also entertain matters that have not yet been filed in court but are potential litigations. This preemptive measure helps in reducing the burden on courts by resolving disputes before they escalate into formal lawsuits.
Exclusions: It's important to note that not all matters can be settled through Lok Adalats. Specifically, any matter related to an offence that is non-compoundable under the law is not eligible for settlement in Lok Adalat. Non-compoundable offences are those serious in nature, such as murder, rape, and other severe crimes, where the law does not allow the parties to reach a settlement outside the judicial process.
The Lok Adalat system promotes access to justice and legal empowerment by providing a cost-effective and timely resolution of disputes, thereby reducing the burden on the conventional court system and ensuring that the legal system is more accessible to the common man.
Which Lok Adalat to be Approached
The jurisdiction of Lok Adalats, as defined under Section 18(1) of the Legal Services Authorities Act, 1987, establishes the scope within which these forums can operate to facilitate the resolution of disputes. Specifically, a Lok Adalat is empowered to handle:
Cases Pending Before a Court: Lok Adalats have the authority to settle disputes for cases that are already in the process of being heard by a court. This means that if a case is ongoing within the judicial system, it can be transferred to a Lok Adalat if both parties agree to seek a compromise or settlement through this alternative dispute resolution mechanism.
Matters Not Yet Brought Before a Court: In addition to pending cases, Lok Adalats can also address disputes that fall within their jurisdiction but have not yet been formally presented in court. This provision allows parties to resolve conflicts without entering the conventional court process, potentially saving time, money, and judicial resources.
Exceptions to Jurisdiction: Despite their broad jurisdiction, Lok Adalats are not permitted to adjudicate:
Divorce Cases: Matters relating to the dissolution of marriage are excluded from the jurisdiction of Lok Adalats. This exclusion recognizes the complex legal and personal considerations involved in divorce proceedings, which may require the detailed adjudication process of regular courts.
Non-Compoundable Offences: Lok Adalats cannot handle cases involving offences that are non-compoundable under law. Non-compoundable offences are serious crimes (such as murder, rape, etc.) that public policy dictates cannot be settled through compromise between the parties, thereby requiring formal prosecution and adjudication.
This structure ensures that Lok Adalats complement the formal judicial system by offering an alternative route for the resolution of less severe civil disputes and certain criminal matters, thereby enhancing access to justice and reducing the caseload of courts.
National Lok Adalat
The National Lok Adalat is part of the Indian system of alternative dispute resolution (ADR) mechanisms, aimed at providing inexpensive and speedy resolutions to disputes. Organized under the auspices of the National Legal Services Authority (NALSA), National Lok Adalats are held periodically across the country, covering various jurisdictions including the Supreme Court, High Courts, District Courts, and Taluk Courts. They embody the principles of voluntary resolution, where parties are encouraged to settle disputes amicably without going through the protracted process of a formal court trial.
Key Features and Objectives:
- National Lok Adalats are organized on specific dates fixed by NALSA. These are usually held on a quarterly basis, ensuring regular opportunities for dispute resolution.
- They entertain a variety of cases, including matrimonial disputes, land disputes, labor disputes, criminal compoundable cases, bank recovery cases, and other civil cases that are pending in court or are pre-litigation.
- Participation in Lok Adalats is voluntary for both parties involved in a dispute. The parties have the liberty to accept or reject the award. However, once an award is accepted, it is final and binding, and no further appeal lies against it in any court.
- If a matter pending in court is referred to a Lok Adalat and is settled thereafter, the court fee originally paid is refunded back to the parties. This provision encourages people to opt for Lok Adalat for dispute resolution.
- The awards (decisions) passed by Lok Adalats have the same status as a civil court decree, making them enforceable and binding. However, these awards are final, and no appeal lies against them, except for challenges under very limited circumstances.
National Lok Adalats are organized under the guidance and supervision of NALSA, which works in coordination with the State Legal Services Authorities (SLSAs) to ensure their smooth functioning.
The benches of the National Lok Adalat typically comprise a sitting or retired judicial officer, along with other members such as lawyers and social workers, ensuring a balanced approach to dispute resolution.
Permanent Lok Adalats
Permanent Lok Adalats, established under Section 22-B of The Legal Services Authorities Act, 1987, serve as enduring entities with a mandate to offer a mandatory pre-litigation conciliation and settlement mechanism for cases concerning Public Utility Services such as transportation, postal services, and telecommunication.
These bodies comprise a Chairman and two members, who endeavor to mediate and resolve disputes. In instances where a settlement cannot be achieved, the Permanent Lok Adalat possesses the authority to adjudicate the dispute, barring those related to criminal offences. The decisions rendered by the Permanent Lok Adalat are conclusive and enforce binding obligations on all involved parties.
With jurisdictional authority extending to disputes involving amounts up to Rs. Ten Lakhs, these Adalats have the distinctive capability to finalize disputes when parties are unable to amicably resolve their issues. The procedure adopted by the Permanent Lok Adalat is flexible, tailored to suit the specific needs of each case and the preferences of the disputing parties, whether it involves hearing verbal testimonies or expediting the dispute resolution process.
Mobile Lok Adalats
Mobile Lok Adalats represent an innovative extension of the traditional Lok Adalat system, designed to enhance the accessibility and reach of legal services to the masses, especially in remote and underserved areas. These are essentially Lok Adalats that are organized to travel from one location to another, offering on-the-spot resolution of disputes and legal awareness to people who might otherwise face difficulties accessing the formal justice system due to geographical, financial, or social constraints.
.png)
COMMENTS