Lok Adalats
Lok Adalats, or people’s courts, are a form of Alternative Dispute Resolution (ADR) that provides an informal, accessible, and conciliatory setting for settling disputes outside of the formal court system. Lok Adalats aim to offer faster, affordable, and less adversarial resolution of cases.
These courts are based on Gandhian principles of peaceful conflict resolution and emphasize settlement through compromise rather than litigation.
The Supreme Court of India has explained Lok Adalats as an ancient form of adjudication that existed in India and continues to be relevant in modern times. Lok Adalats are an integral part of the ADR framework.
Background
The first Lok Adalat was organized in Junagadh, Gujarat, in 1982, where it successfully resolved disputes. With the increasing popularity and success of Lok Adalats in providing speedy justice, there was a growing demand for giving them statutory status. As a result, Lok Adalats were given formal recognition under the Legal Services Authorities Act, 1987.
Need for Lok Adalats
The Indian judicial system faces an enormous backlog of cases and formal court proceedings are often time-consuming, expensive, and involve complex procedures. Lok Adalats offer an alternative mechanism for delivering expeditious and inexpensive justice.
- Overburdened Courts: The backlog of cases in Indian courts necessitates alternative avenues like Lok Adalats for quicker resolution.
- No “Winners” or “Losers”: Lok Adalats focus on mutual compromise, preventing hostility between parties.
- Cost-effective and Efficient: They are a viable, economical, and informal means of resolving disputes quickly.
Types of Lok Adalats
Organization and Functions
Composition
- Chairman: A serving or retired judicial officer acts as the chairman.
- Members: A lawyer or advocate and a social worker are appointed as members of the panel.
Jurisdiction
- Lok Adalats handle disputes related to pending cases in courts as well as pre-litigation disputes.
- Non-compoundable offences are beyond the scope of Lok Adalats.
Types of Cases Dealt
- Matrimonial and Family Disputes
- Criminal Cases (Compoundable Offences)
- Land Acquisition Cases
- Labour Disputes
- Workmen’s Compensation Cases
- Bank Recovery Cases
- Pension Disputes
- Housing Board and Slum Clearance Cases
Process
- Lok Adalats aim to reach a compromise or settlement between the disputing parties.
- A case pending in court can be referred to Lok Adalat if both parties agree, if one party applies, or if the court deems it appropriate.
- Pre-litigation disputes can be referred to Lok Adalats through an application from either party.
Powers of Lok Adalat
Lok Adalats have the same powers as a civil court under the Code of Civil Procedure, 1908, including:
- Summoning and enforcing attendance of witnesses
- Discovery and production of documents
- Requisitioning public records
- Receiving evidence on affidavits
Note:
- The proceedings of Lok Adalats are deemed to be judicial proceedings under the Indian Penal Code (1860).
- Lok Adalats are treated as civil courts for the purpose of the Code of Criminal Procedure (1973).
Award of Lok Adalat
- Binding and Final: The award of a Lok Adalat is final and binding on all parties and holds the status of a decree of a civil court.
- No Appeal: No appeal lies against the award of a Lok Adalat, further expediting the resolution process.
Benefits and Concerns
Benefits (According to Supreme Court & Law Commission)
- No Court Fees: If already paid, refunded upon settlement.
- Speedy Justice: Procedural flexibility and quick resolution.
- Direct Interaction: Parties interact directly with the judge.
- No Strict Procedure: Not bound by Civil Procedure Code or Evidence Act.
- Less Expensive & Time-saving.
- Free from Technicalities: Open discussion without fear of legal formalities.
- Amicable Settlements: No party feels like a "loser"; grievances redressed amicably.
Concerns
- Voluntary Participation: Requires agreement from both parties.
- Limited Jurisdiction: Can only resolve disputes within defined scope.
- Ineffectiveness in Complex Cases: Not suitable for heavily contested disputes.
- Weaker Parties: May be forced into compromises with stronger entities (govt, banks).
- Imposed Compromises: Vulnerable parties like the poor may have little choice.
- Speedy Justice Compromise: Compromise may undermine justice when pressured.
In the State of Punjab vs Jalour Singh (2008) case, the Supreme Court held that Lok Adalats are purely conciliatory and do not perform adjudicatory or judicial functions.
Permanent Lok Adalats
Permanent Lok Adalats were established in 2002 by amending the Legal Services Authorities Act, 1987, to deal with disputes relating to public utility services. This was done to ensure faster resolution of such cases and to provide free and accessible legal services to weaker sections of society.
Reasons for Adoption:
- To provide free and competent legal services to the weaker sections.
- To ensure that justice is not denied due to economic or other disabilities.
- To promote a legal system based on equal opportunity.
- To encourage conciliation and resolve disputes outside traditional courts.
Salient Features
| Feature | Details |
|---|---|
| Composition |
Chairman: Serving/retired District Judge, Additional District Judge, or higher judicial officer. Two Members: Persons with adequate experience in public utility services. |
| Jurisdiction |
Disputes related to public utility services: Transport (air, road, water), Postal/telegraph/telephone, Power/light/water supply, Sanitation, Hospitals/dispensaries, Insurance. Pecuniary: Up to ₹10 lakh (subject to increase by Central Govt). Does not handle non-compoundable offences. |
| Application Conditions |
Once applied, no party can invoke jurisdiction of any other court. If agreed, formulates terms for settlement. If not, decides dispute on merits. |
| Award | Final and binding on all parties. |
Limitations
- Limited Jurisdiction: Only public utility services.
- Mandatory Conciliation: Pre-litigation conciliation can delay resolution.
- Lack of Awareness: Underutilization due to low awareness.
Way Forward
- Awareness and Outreach.
- Specialized Lok Adalats: For family, commercial, environmental disputes.
- Training: For judges and lawyers.
- Monitoring & Evaluation: Check fairness/efficiency.
- Incentivize Participation: Reduced fees, faster resolution.
- Public-Private Partnerships.
Family Courts
Background: Established following Law Commission (59th Report, 1974) recommendations. The Family Courts Act, 1984 was enacted to provide a less formal, efficient, and user-friendly environment for settling family disputes.
Purpose
- Conciliation and Reconciliation: Promote settlement.
- Speedy Disposal: Efficient resolution mechanism.
- Inexpensive Remedy: Cost-effective alternative.
Salient Features of Family Courts Act, 1984
- Exclusive Jurisdiction: Matrimonial relief (divorce, etc.), Restitution of conjugal rights, Property disputes between spouses, Guardianship/custody of minors, Maintenance for wife/children/parents.
- Conciliation First: Attempt conciliation or settlement before trial.
- Informal Proceedings: No rigid procedures or rules of evidence.
- One Right of Appeal: Only one appeal permitted, lies to the High Court.
Appointment of Judges: Appointed by State Government in consultation with High Court. Judges may be from judicial service or have family law experience.
Criticisms
- Undefined “Family”: Act does not define "family", causing legal challenges.
- Limited Scope: Restricted to marriage, maintenance, divorce.
- Counsellor Turnover: Frequent changes create difficulties.
NCW Recommendations
- Simplify Legislation: Easier legal language.
- Counsellor Stability: Reduce transfers.
- Holistic Case Handling: Consider women's rights to residence/maintenance.
Gram Nyayalayas
Gram Nyayalayas (village courts) were established under the Gram Nyayalayas Act, 2008 to provide affordable and speedy justice at the grassroots level. They aim to bring the judiciary to the doorstep of rural citizens.
Background
Historically disputes were settled by village elders/panchayats. Law Commission's 114th Report recommended Gram Nyayalayas for humane/accessible justice.
Salient Features (Act 2008)
| Feature | Description |
|---|---|
| Composition | Nyayadhikari: Judicial Magistrate First Class, appointed by State Govt in consultation with HC. Adequate representation to SCs, STs, women. |
| Location | Headquarters of intermediate panchayats; visits villages for hearings. |
| Jurisdiction | Both criminal and civil. Criminal: Summary procedures. Civil: Simplified procedures (natural justice). |
| Appeals | Criminal: Court of Sessions. Civil: District Court. Must be resolved within six months. |
| Conciliation | Relies heavily on conciliation with help of appointed conciliators. |
| Awards | Treated as decrees; enforceable. |
Challenges
- Overlapping Jurisdiction: Redundant due to regular courts at Taluka level.
- Funds & Attention: Poor fund utilization, lack of interest.
- HR Shortage: Lack of officers/notaries.
- Awareness: Stakeholders unaware.
Way Forward
- Coordinated Efforts: Judiciary, govt, lawyers.
- Expand Scope: Wider range of disputes.
- Promote ADR Career: Trained workforce.
- Technological Integration: e-Lok Adalats.
- Amend Act: Redefine jurisdiction.
- Facilities: Separate infrastructure, local language.
Other Measures
- Infrastructure for ADR: Building infrastructure, skilling lawyers, providing manpower.
- Arbitration Council of India: Oversee quality/ethical standards of arbitrators; ensure transparency.
- Legislative Improvements: E.g., Arbitration and Conciliation (Amendment) Bill, 2018 to fill legal gaps.