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Lok Adalats: A Pre-requisite to Legal Empowerment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Paper Id :
16834 Submission Date :
2022-10-20 Acceptance Date :
2022-10-22 Publication Date :
2022-10-25
This is an open-access research paper/article distributed under the terms of the Creative Commons Attribution 4.0 International, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. For verification of this paper, please visit on
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Abstract |
One of the major concerns in topical times is the legal assistance for the poor and the destitute. The only way to ensure that everyone has access to equal protection under the law is to provide legal aid and free legal advice. In a developing nation like India where majority of the population lacks the ability to defend their interests,it becomes the responsibility of the State to ensure that the underprivileged are able to achieve their legal rights. While the impoverished factions continue to lack access to the justice system, the wealthier ones use the courts to demand their legal rights. But what is worrisome is that our judicial system is overburdened.Thejudicial delays in making decisionsfurther increases the cost of litigation. Hence comes the importance of alternative dispute resolution processes. The provision of free legal aid is a step toward upholding their rights. The statutory backing in this direction was provided by the Legal Services Authorities Act of 1987. Additionally, in an attempt to establish a uniformity all across the nation, every State has established a State Legal Services Authority, and each High Court has established a High Court Legal Services Committee.In a aim to carry out the policies and directives of the NALSA, provide free legal services to the public, and hold Lok Adalats in the State, District Legal Services Authorities and Taluk Legal Services Committees have been established in the Districts and the majority of Taluks. To oversee and carry out the legal services programme as it pertains to the Supreme Court of India, the Supreme Court Legal Services Committee has been established. An innovative move in this approach is the widely anticipated Lok Adalat concept, which aims to provide the poor with quick and simple access to justice.
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Keywords | Lok Adalats, Legal Empowerment, ADR, Legal Disputes. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Introduction |
The notion of Lok Adalat as a new system of dispensation of justice has emerged as a consequence of the social philosophy of judges, jurists, and famous intellectuals who are always preoccupied with the idea of establishing a new forum for providing people with affordable and swift justice. They see a bright glimmer of hope in this system and envision it as an addition to the current legal system rather than a replacement for it, in order to lessen the rising backlogs and provide those seeking justice some sense of relief.In order to deliver quick and affordable justice at the doorsteps of disputants with their mutual and voluntary permission, the notion of Lok Adalat indicates that conflicts would be resolved via conversation, counselling, persuasion, and conciliation. The Lok Adalats are not intended to operate in tandem with the current court system or to displace it; rather, they are intended to lighten the load on the courts and spare the parties the time, money, and stress of protracted litigation. It is a participatory judicial system that only has a chance of surviving with the active participation of attorneys, judges, social workers, reputable members of society, and especially the parties to the dispute in question.
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Objective of study | The present paper tries to elucidate the importance of the Lok Adalats as a means of alternate dispute resolution that ensures justice to the deprived sections of the society, and hence, reflects upon the necessity to educate people about the relevance of the same. |
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Review of Literature | One of the major components of the ADR system, the
concept of Lok Adalats aims at providing speedy settlement of disputes through
conciliation and remedial talks. The Legal Services Authority Act, 1987 ensured
the concept of Lok Adalats is followed in its true letter and spirit. However,
there is still a lot to be done to ensure a speedy and satisfactory decision on
the disputes. According to Manzoor Ellahi Laskar's study on the
"Lok Adalat System in India," the perception of Lok Adalat is an
original contribution made by India to international law. The Lok Adalats
institution offers a method for quick justice to the victims for a fair
resolution of their conflict. Gandhian ideals serve as the foundation for Lok
Adalat's mechanism. One of the tools used in ADR systems is Lok Adalat. The
conflict between the parties was known to as the "Panchayat" at the
village level during the earlier era. The Panchayat used mediation as a technique
of dispute resolution. The core of Lok Adalats is the idea that disputes may be
resolved by arbitration, conciliatory action, or mediation.The general public
can be benefited by the dispute resolution system of the Lok Adalats. In their research work titled "Bread for the Poor": Access to Justice and the Rights of the Needy in India" Marc Galanter and Jayanth K. Krishnan state that while the Indian constitution is cherished and supported by the Indian people. However when it comes to the courts where ordinary Indians may seek refuge under the judiciary, they encounter significant difficulties that delay justice and force them to pay high fees. Consumers fear going to court out of habitual litigiousness, but recent evidence shows that Indians take use of the bench at a reduced rate and that the pace of proceedings is slowing down. It is here that Lok Adalats have played a vital role as the alternative to dispute resolutions, thereby, lessening the gridlocked court system of India. KD Raju
examined "Alternative Conflict Resolution System: A Wise Technique of
Swift Redress in India" in his research. ADR (alternative dispute
resolution) is said to have gained popularity in India in the contemporary
environment. It assists in lowering case pending times, enhancing the
administration of justice, and maintaining the rule of law in the world's most
important democracy. The 1991 economic liberalisation resulted in heavier
duties for the judiciary. The researcher makes an argument for using ADR as a
tool to clear the backlog of cases in India's courts using methods of
negotiation, arbitration, and conciliation. One of the ADR's instruments is the
Lok Adalat. However, in his essay, the researcher advocates to
"Indianize" the ADR system as per the local scenarios. According to
research, law schools should implement a programme to teach their students how
to resolve disputes amicably in order to combat the conflict that arises from
attorneys. |
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Main Text |
The
meaning of the term ‘Lok Adalat’ in literally is ‘People’s Court’ because the
term comprises two words namely[1]‘Lok’
and ‘Adalat’, Lok stands for the people and Adalat means the court. So, the
term "people's court" refers to a court where decisions are made after accurate and
extensive consideration. The first word of the name expresses the idea of
popular opinion. The Lok Adalat is a body that uses the concepts of justice,
equality, and fair play to resolve disputes. These admirable ideals serve as a
guide for the Lok Adalats' conclusions, which are founded on concessions
reached prior to such Adalats. The Lok Adalat is a voluntary mechanism that
primarily focuses on two tasks: first, it offers the public a rapid, simple,
accessible, non-technical, sympathetic, and disputant friendly platform for the
resolution of their disagreements; second, it aids in preventing the docket
explosion risk. Although
technically translated, a Lok Adalat implies a people's court, it is not a
people's court in the sense that the term is used in certain other judicial
systems of the Soviet type. Although the term "court for people" may
be more appropriate, practically all courts serve the public. The Lok Adalat is
not an Indian tradition's Nyaya Panchayat or Village Nyaya Panchayat.
Additionally, it is not a Village Panchayat as defined by several States'
Village Panchayat Acts. It is not a Jati Sabba or a Caste
Panchayat. It is neither a Bench Court nor a statutory tribunal meant to
adjudicate or arbitrate.[2] It
seems to be a special institution designed to handle conflicts as they emerge
between members of any part of society as well as conflicts before and after court proceedings, or throughout the
pre- and post-litigative stages. It is merely an organization designed to
encourage consensual settlement between parties, overseen by a group of people
who have the credentials essential to contribute meaningfully to this process.
The Lok Adalat is designed from such point of view, both in terms of
organization and membership. A diverse group of concerned individuals, open to
trying out consensual conflict resolution solutions, are driven by a shared
goal for justice. The Lok Adalat, which differs from regularly established law
courts in that it is a unique form of a voluntary endeavor for peaceful
resolution of conflicts between the parties, is planned to supplement rather
than replace the current adjudicatory apparatus. Lok-Adalat - A Step towards Alternate Dispute Resolution: An
alternative conflict settlement mechanism called Lok-Adalat is created in
India. India has a long tradition of using village elder mediation to settle
disputes. The Panch Parmeshwar of Gram Panchayats is the foundation of the
Lok-Adalat system. Former Indian Chief Justice Justice P.N. Bhagwati
principally promoted the concept of Lok-Adalat. The Supreme Court Legal
Services Committee, the High Court Legal Services Committee, the Taluk Legal
Services Committee, and the District Authorities all hold mock courts (referred
to as Lok-Adalat) as part of the non-adversarial Lok-Adalat system. They are
held regularly so they can exercise the jurisdiction they want. Instead of
being temples of swift justice, the overcrowded courtrooms have transformed
into an uncomfortable compulsive forum. Instead of waiting in queues for years and passing on litigation by inheritance,
people are inclined either to avoid litigation or to start resorting to extra
judicial remedies.[3] With 42nd amendment act of constitution of 1976,
Article 39-A, has been inserted which requires the State to secure that the
operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities. The entire mechanism of Lok Adalat designed and evolved is with
the object of promoting justice. Justice has three connotations namely social,
economic and political. ‘Access to Justice’ means an ability to participate in
the judicial process. It is that human right which covers not only bare court
entry but has many dimensions including time consuming factor.[4] This system is based on Gandhian Principles. It is
one of the components of ADR system. As the Indian Courts are overburdened with
the backlog of cases and the regular Courts are to decide the cases involve a
lengthy, expensive and tedious procedure. The Court takes years together to
settle even petty cases. Lok Adalat therefore provides alternative resolution
or devise for expeditious and inexpensive justice.[5] Both pre-litigation and post-litigation efforts are
invited by Lok Adalat to enable the entire society to create peace and harmony.
The Legal Services Authorities Act, 1987 makes provision for free legal aid
which can be availed both before the Courts and Lok Adalat so constituted. The
Court has to give guidance to parties (when parties are opting for any mode of
ADR) by drawing their attention to the relevant factors, which parties will
have to take into account, before they exercise their opinion as to the
particular mode of settlement.[6] Lok
Adalats: A Historical Perspective: “Lok
Adalat” is defined as a “forum where voluntary effort aimed at bringing about
settlement of disputes between the parties is made through conciliatory and
pervasive efforts”. The first Lok Adalat was conducted in Chennai in 1986,
despite the fact that Lok Adalat camps had previously been launched in the
Gujrat district of Junagarh by 1982. This initiative quickly gained popularity
across the nation after being implemented by numerous other states, including
Bihar, Haryana, Karnataka, Maharashtra, etc. The Legal Services Authorities Act
of 1987, when implemented in its entirety, gave Lok Adalat prominence and made
it useful for swift dispute settlement. According to popular belief, the
"Lok Adalat" is a traditional form of dispute resolution that
predominated in early India and has maintained its legitimacy even today. The
fight to offer legal help in India marked the early history of Lok Adalats.
This movement was sparked by the worries of legal experts and the court who
feared that without access to free legal services, the ordinary public would
not have appropriate legal counsel. In Vedic
times, society was composed of patriarchal families. In these families, the
Grhapati or Head of Family decided all disputes of members independently. Manu
empowered a Grhapati to correct a wife, a son, a servant, a pupil and a younger
brother with a rope or the small shoot of a cane, when they committed false.[7] So,
in terms of modern jurisprudence, the Grhapati was the smallest court for
judicial judgments in his family, whilst the king of the country was the
highest and most powerful court for all civil and criminal issues in his realm. During
the Muslim period in India, these people's courts, known as panchayats,
continued to function with slight modifications. At the time, these panchayats
were competent to administer justice in all small civil and criminal cases in
line with local, caste, trade, or family customs. The Muslim rulers
historically enjoyed and occasionally exercised a broad power of supervision
over all these popular courts, which existed even after British administration
in India began. However,
the British rulers discouraged administering of justice through People's Courts
or village Panchayats and established their own hierarchy of formal courts to
render justice in civil and criminal matters. They moulded the ancient Indian
legal system according to their vested interest with the result that the
functioning of people's court withered away and became empty and suffocating
with engulfing nothingness.[8] Historically,
the Lok Adalat is not a new concept in India. The founder of the present system
of Lok Adalats in India was Sh.Hari Ballabh Parekh a social worker. He founded
Anand Niketan Ashram in village Rangpuri of district Baroda in 1947-48 for
providing help to uneducated Adivasis and other poor villagers. The first Lok
Adalats in his Ashram was held in 1960 and thus, it started the settlement of
disputes of the local Adivasis. Even in these days most of the disputes among
Adivasis are being settled by this institution. In this way, the Lok Adalats
movement in Gujarat started. Organization of Lok Adalats: It is
true that in spite of number of legislations the fate of weaker sections has
not improved. The poor persons are the silent victims of injustice. It is no
more a secret that crimes against women are increasing. Dowry death cases are
being registered in number throughout the country. In order to protect the
weaker sections it is thought that law should be utilized as an instrument of
"Socio Economic" change. Further to protect weaker section from
unnecessary litigation and to reduce the mounting arrears of cases in Law
courts, Law Commission recommended for the establishment of Nyaya Panchayats.
The basic idea behind the Scheme of Lok Adalat is to speed up clearance of
pendency of huge arrears in Law Courts, and to reduce the Costs of litigations.
One should not forget that speedy trial is fundamental right of a litigant and
the accused. Nayaya Panchayat at the grass root level will secure social justice[9] Section
19 of the legal services Authorities Act, 1987 provides.[10] 1. Every State Authority or District Authority or the Supreme Court
Legal Services Committee or every High Court Legal Services Committee or, as
the case may be, Taluk Legal Services Committee may organize Lok Adalats at
such intervals and places and for exercising such jurisdiction and for such
areas as it thinks fit. 2. Every Lok Adalat organized for an area shall consist of such number
of serving or retired judicial officers; and other persons, of the area as may be specified by
the State Authority or the District Authority or the Supreme Court Legal
Services Committee or the High Court Legal Services Committee or, as the case
may be, the Taluk Legal Services Committee, organizing such Lok Adalat. 3. The experience and qualifications of other persons
referred to in clause (b) of sub section (2) for Lok Adalats organized by the
Supreme Court Legal Services Committee shall be such as may be prescribed by
the Central Government in consultation with the Chief Justice of India. 4. The experience and qualification of other persons
referred to in clause (b) of sub section (2) for Lok Adalats other than
referred to in sub section (3) shall be such as may be prescribed by the State
Government in consultation with the Chief Justice of the High Court. 5. 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- any case pending before; or any matter which is falling
within the jurisdiction of, and is not brought before, any court for which the
Lok Adalat is organized: 6. Provided that the Lok Adalat shall have no
jurisdiction in respect of any case or matter relating to an offence not compoundable
under any Law.[11] Benefits of Lok Adalat: 1. In Lok Adalat, court fees is not necessary to be
paid, and if it has been, then it will be reimbursed once the issue is resolved
there in accordance with the rules. 2. The dispute trials are conducted quickly and with
procedural flexibility. When evaluating Lok Adalat's claim, procedural
requirements including the Evidence Act and the Civil Procedure Code are not
strictly followed. In contrast to ordinary courts of law, the parties to the
dispute have the opportunity to participate and can speak with the presiding
officer directly through their counsel. 3. The Lok Adalat's decision is final, binding on the
parties, and has the character of a civil court's judgement. It is also not
subject to appeal, therefore it does not prolong the ultimate resolution of
issues. 4. The Lok Adalat system benefits the general public
by allowing for fast, inexpensive, and amicable conflict resolution. 5. Although the Lok-Adalat lacks any judicial or
adjudicatory powers, they do have functions that are solely focused on
conciliation and trying to reach a resolution. 6. A court can refer a case to the Lok Adalat Suo Motu
or at the request of even one of the parties, provided that it does so after
hearing from all parties and is satisfied that there are chances for settlement
or that the case is appropriate for the Lok Adalat to take cognizance of, and
it documents this satisfaction. In reality, courts have a responsibility to
review every case to determine if Lok Adalats should be consulted.[12] Lok Adalat Jurisdiction in Relation to offences The
Legal Services Authorities Act, 1987's Proviso to Section 19 expressly states
that Lok Adalat does not have jurisdiction over cases or matters involving
offences that are not punishable under a legislation that permits compounding.
The Sessions Judge should not have referred the matter to Lok Adalat since the
offence under Section 498-A IPC is not a compoundable offence. Because
anticipatory bail may only be granted by the sessions court or high court under
Section 438 of the Cr.P.C., the sessions court should not send bail or
anticipatory bail petitions to Lok Adalat. As a result, it is unnecessary to
consider whether Lok Adalat should issue anticipatory bail. It is highly
unusual and should not have been done by the petitioners to submit bail and anticipatory
bail petitions to Lok Adalat. Without taking into account the fact that Lok
Adalat does not have the authority to hear cases involving non-compoundable
offences, the Sessions Judge.[13] Cases Suitable For Lok Adalats: Lok
Adalats have competence to deal with a number of cases like: 1. Compoundable civil, revenue and criminal
cases. 2. Motor accident compensation claims cases 3. Partition Claims 4. Damages Cases 5. Matrimonial and family disputes 6. Mutation of lands case 7. Land Pattas cases 8. Bonded Labour cases 9. Land acquisition disputes 10. Bank’s unpaid loan cases 11. Arrears of retirement benefits cases 12. Family Court cases 13. Cases which are not sub-judice Lok
Adalats as a supplement to the existing judicial system However, a Lok Adalat is
not a court in the sense it is generally understood. It is a setting where
voluntarily made conciliatory and persuasive attempts are made in an effort to
settle issues between the parties. To put it another way, Lok Adalat serves as
a venue for ADR. In actuality, Lok Adalat added to the current system of
delivering justice. In general, the CILAS has provided instructions for the
management of Lok Adalats by State Legal Aid and Advice Boards. As a result,
these Boards have been holding Lok Adalats across the nation. Lok Adalat dates and
locations are typically set approximately a month in advance. Press, posters,
radio, television, and movie slides all help to spread the word about the Lok
Adalat's upcoming events. Before a Lok Adalat is convened, its organizers ask
the presiding officers of several courts to review the cases that are currently
pending there and determine whether conciliation is
feasible. Law students and other social workers encourage the parties to
conflicts to settle them through Lok Adalats once the instances are recognized
and opportunities for reconciliation are discovered. On the day of Lok Adalats,
transportation costs and food packages are given to the motivators as a reward.[14] Table: Statistical information regarding Lok Adalats held
Practical challenges that Lok Adalats are facing: Despite
India's well-organized and highly-integrated judicial system, there are four
primary issues that the courts must deal with: 1. There are shockingly few courts and judges at all
levels; 2. Case volume has increased in recent years as a
result of many Acts passed by the Central and state governments.; 3. The great expense required in presenting a case in court for either prosecution or defence due to hefty court fees, attorney fees, and incidental costs and 4. Delays in case resolution cause a significant backlog of cases in all courts. |
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Conclusion |
The basic goal of Lok Adalat is to address court-pending issues by talks, conciliation, and a convincing commonsense and humanitarian approach to the disputants' concerns. Today, when a big proportion of India's population and uneducated masses find conventional dispensation of justice through regular courts to be onerous and ineffectual, there is an urgent need for highly sensitised legal services that are effective for both the impoverished and ignorant people. In India, the Lok Adalat movement is no longer an experiment. It is now a success, although it has to be enhanced in several areas. Nowadays, the majority of cases are preferable handled peacefully through conciliation, mediation, and other means. Therefore, the Lok Adalat becomes necessary today for the legal empowerment of the socially underprivileged groups in order to reduce the accumulation of cases. In order to prevent rights violations in any situation and to ensure that in the event that they do occur, the needy and the impoverished are aware of the legal process to follow and do not hesitate to pursue legal action, it is urgent to educate people about the importance of understanding the concepts of legal aid. Undoubtedly, the Lok Adalats played a significant role in helping people once again believe that justice would be swift and easily accessible. |
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References | 1. ‘Lok Adalat’by Om Prakash Tewari 2002, Pioneer Books
2. K.A. Abdul Gafoor, “The Concept of Permanent Lok Adalat and the Legal Services Authorites Amendment Act, 2002”, 5 SCC (Journal) 33 (2003).
3. Marc Galanter & Jayanth K. Krishnan, “Bread for the Poor: Access to Justice and Rights of the Needy in India”, 55 Hastings L.J. 789 (March, 2004).
4. A.M. AhamadiI, “Access to Justice in India”, 11 Legal Aid Newsletter, (1992) 17.
5. Awadh Prasad and G.N. Gupta, Lok Adalat – A Probe Into its Organisation and Working Process, 43(1976).
6. Justice N.C. Jam, Legal aid, Its Scope and Effectiveness of the Legal Aid Rules, AIR 1996 (Journal Section) pp. 184-186
7. K.N.C. Pillai, "Criminal Jurisdiction of Nyaya Panchayats," JILI, (1977) 439.
8. P. Parameswaran, "Dispensation of Justice: Problem of Cost, Quality and Delay," AIR 1991 Jour. 31.
9. Saumya Mishra, "The Criminal Justice System and Plea Bargaining in India, "CrPC 2008 Jour 145
10. Sayani Chakeraborty and Saumya Misra, “Lok Adalats” www.stpl.india.com-last visited on 5/5/22 |
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Endnote | 1. N.C. Jain, “Legal Aid, Its Scope and Effectiveness of the Legal Aid Rules in This Regard,” AIR 1996 Jour 185. 2. Sayani Chakeraborty and Saumya Misra, “Lok Adalats” www.stpl.india.com-last visited on 5/5/15 3. Mediation and Case Management- Their co-existence and correlation- A paper presented during Indo-US 4. Judicial exchange at U.S. Supreme court by Niranjan Bhatt on 15/12/2012 5. Law of Arbitration and Conciliation & ADR systems , by Avatar Singh, Eastern Book Company 6. ‘Lok Adalat’by Om Prakash Tewari 2002, Pioneer Books 7. Arbitration and Conciliation Law of India, 7th Edn. (Reprint) by Kwatra G. K. 8. See H.S. Bhatia, Origin and development of Legal and Political system in India (1976) 46, Vol. I, See also M.K. Sharan, Court procedure in Ancient India (1978) 17 9. P. Parameswaran, "Dispensation of Justice: Problem of Cost, Quality and Delay," AIR 1991 Jour. 31. 10. Manohar Raj Sexena, Member, Metropolitan Legal and Advice Committee, Hyderabad, AIR 1986 Journal Section, p. 703 also sec. S.K. Sarkar, Law Relating to Lok Adalats and Legal Aid, 2010, pp. 95-94. 11. ibid 12. Section 19, The Legal Service Authorities Act, 1987 Inserted by Act 59 of 1994 Sec. 14 13. H.V. Venkatesh v Oriental Insurance Co. Ltd., 111(2002) ACC 14. Dr. B.R. Sharma, Lok Adalats in India- Some Reflections, AIR 1994 (Journal Section) pp.167-168. |