LOK ADALAT

Lok Adalat

“To the poor the courts are a maze,

If he pleads there all his life,

Law is so lordly,

And loath to end his case,

Without money paid in the presents,

Law listeneth to few.”

Pier's Plowman

The concept of conciliated settlement of disputes is not alien to the traditional Indian culture and social life. Nyaya Panchayats and Gram Panchayat provided seats for resolving the disputes in rural areas on an immediate basis. Generally, any crime or civil dispute used to be resolved within the village itself. Either village elders or caste elders or family elders used to facilitate the process.

The introduction of Lok Adalats added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the victims for satisfactory settlement of their disputes. This system is based on Gandhian principles. It is one of the components of ADR systems. It is an Indian contribution to the world jurisprudence of ADR. Lok Adalat (people’s courts), established by the government settles dispute by the principles of justice, equity and fair play, which are the guiding factors for decisions based on compromises to be arrived at before such Adalats.

The camps of Lok Adalats were initially started in the state of Gujarat in 1982. The first Lok Adalat was organized on 14th March 1982 at Junagarh. Maharashtra commenced the Lok Nyayalaya in 1984. The movement has now subsequently spread to the entire country. The reason to create such camps was only the pending cases and to give relief to the litigants who were in a queue to get justice.

The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat. It is an Act to constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

There is a Central Authority called the "National Legal Services Authority". Its patron is the Hon'ble Chief Justice of India. Its Executive Chairman is the senior most Judge of the Supreme Court of India. So far as the State Legal Services Authorities are concerned, it is headed by a Patron-in-Chief who is none other than the Hon'ble Chief Justice of the High Court. In almost all the State Authorities, except perhaps one or two, a sitting Judge of the High Court functions as the Executive Chairman.

SCOPE OF LOK ADALAT

The Constitution of India is the fundamental law of the land. Part IV of the Constitution deals with Directive Principles of State Policy. By virtue of Art.39-A the State is under a positive duty to secure that the operation of the legal system promotes justice on the basis of equal opportunity. The State shall also provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

By virtue of Article: 21, “no person shall be deprived of his life or personal liberty except according to procedure established by law”.

In HUSSAINARA KHATOON v. HOME SECRATERY, STATE OF BIHAR, (AIR 1979 SC 1360), the Supreme Court held that “right to speedy trial” is a fundamental right guaranteed under Art: 21 of the Constitution. Justice delayed is justice denied. Speedy trial was held to be the essence of criminal justice.

In SUK DAS v. UNION TERRITORY OF ARUNACHAL PRADESH (1986 5 SCC 401), the Supreme Court held that failure to provide free legal aid to an accused at the cost of the State unless refused by the accused would vitiate the trial. He need not apply for the same. Free legal aid is at the State cost is a fundamental right of an accused person under Art.21 of the Constitution.

A combined reading of Art.21 as interpreted by the Supreme Court of India and Art.39-A of the Constitution establish beyond doubt that speedy trial, free legal aid and equal opportunities for securing justice are fundamental rights of citizen of India and a Constitutional mandate which state has to follow in governance of this country. In order to ensure these rights more effectively, the Parliament enacted the Legal Services Authorities Act, 1987 to organise Lok Adalat to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

THE LEGAL SERVICES AUTHORITIES ACT, 1987

Object—

The main object of the Act is to provide free and competent legal services to the poor and weaker sections of the society so as to ensure that they are not denied the opportunities for securing justice by reason of economic or other disabilities and to organize Lok Adalats to secure that the operation of legal system promotes justice on the basis of equal opportunity.

Some relevant provisions of Legal Services Authorities Act are as follows—

v Section 2 (1) (aaa) of the Act defines ‘Court’ as under:-

“Court means a civil, criminal or revenue court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions.”

v Jurisdiction of Lok Adalat

(Sub Sec 5 of Sec 19 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:

(i)                 any case pending before; or

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

The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws.

v Organisation of Lok Adalat

(Section 19 of the Act)

The State Authority and District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee and Taluk Legal Services Committee (mentioned in Section 19 of the Act) can organize Lok Adalats at such intervals and places as may be deemed fit.

- Every Lok Adalat so organized shall consist of: (a) Serving or retired judicial officers, (b) other persons, as may be specified.

The experience and qualification of “other persons” in a Lok Adalat conducted by Supreme Court Legal Services Committee shall be prescribed by the Central Government in consultation with the Chief Justice of India. At present, Rule 13 of the National Legal Services Authorities Rules, 1995 prescribes such experience and qualifications as:

(a) A member of the legal profession; or

(b) A person of repute who is specially interested in the implementation of the Legal Services Schemes and Programmes; or An eminent social worker who is engaged in the upliftment of weaker sections of people, including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labour.

The experience and qualification of “other persons” mentioned in clause (b) shall be prescribed by the State Government in consultation with the Chief Justice of High Court.

v Cognizance of Pending Cases & Determination

(Sec 20 of the Act)

A. On Application:

(I) When all the parties to the case agree for referring the case to Lok Adalat, or

(ii) When one of the party to the case makes an application to court, praying to refer the case to Lok Adalat and the court is prima facie satisfied that there are chances for settlement

B. Suo Moto:

Where the court is satisfied that the matter is an appropriate one to be taken cognizance of, by the Lok Adalat. Then, the court shall refer the case to the Lok Adalat, after giving a reasonable opportunity for hearing to all the parties. Further, the Authority or Committee organising Lok Adalat may, on application from any party to a dispute, refer the said dispute to Lok Adalat, after giving a reasonable opportunity for hearing to all the parties.

-Lok Adalat shall proceed to dispose of a case refereed to it expeditiously.

- Shall be guided by principles of law, justice, equity and fair play.

- Shall yearn to reach a settlement or compromise between parties.

- When no compromise or settlement is accomplished, the case is to be returned to the court which referred it. Then the case will proceed in the court from the stage immediately before the reference.

v Passing of the Award

(Sec 21 of the Act)

-Every award of Lok Adalat shall be deemed to be a decree of a civil court.

-Every award shall be signed by all the parties to the dispute and the panel constituting the Lok Adalat.

-Every award shall form part of the judicial records.

-Every award shall be categorical and lucid.

-Every award shall be in the regional language or in English.

-A certified copy of the award will be given free of cost, to all the parties.

-Every award made by Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award.

-If a pending case is settled at Lok Adalat, any court fee already paid will be refunded as provided by the Court Fees Act, 1870.

v Powers of Lok Adalat

(Sec 22 of the Act)

(1) The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters:-

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

(b) Power to enforce the discovery and production of any document.

(c) Power to receive evidence on affidavits,

(d) Power for requisitioning of any public record or document or copy thereof or from any court.

(e) Such other matters as may be prescribed.

(2) Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.

(3) All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC

(4) Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.

v Permanent Lok Adalat

(Hereinafter mentioned as ‘PLA’ - Chapter VI A of the Act)

-Chapter VI A was newly added by Amendment Act, 2002, introducing the concept of Permanent Lok Adalat.

-The Central or State Authorities may establish by notification, Permanent Lok Adalats at any place, for determining issues in connection to Public Utility Services.

-Public Utility Services include:

(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.

-PLAs have the same powers that are vested on the Lok Adalats, mentioned under Section 22(1) of the Act.

v Organisational Structure of Permanent Lok Adalat

(Section 22B (2) of the Act)

Chairman--

A person who is or has been a district Judge or Additional District Judge or has held judicial office higher in rank than that of a District Judge, shall be the Chairman.

Members---

Two other persons having adequate experience in Public Utility Service to be nominated by Central Government on the recommendation of Central Authority and by the State Government on the recommendation of the State Authority.

v Cognizance of Pending Cases by Permanent Lok Adalat

(Sec 22C of the Act)

1. Any party to a dispute can apply to PLA for settlement of a dispute in respect of a public utility service, which is not pending before any court.

2. PLA does not have jurisdiction to entertain disputes involving offences which are not compoundable.

3. PLA does not have jurisdiction to entertain a matter where the value of the property involved exceeds ten lakhs, which limit can be enhanced as provided for.

4. Once, an application is preferred to PLA for determination of a dispute, no party to such application can invoke the jurisdiction of any court in the same dispute.

v Procedure by Permanent Lok Adalat for Determination

(Sec 22C & 22D of the Act)

Where the PLA receives an application for determination of a dispute--

1. The PLA should direct each party to file before it a written statement stating therein, all the facts and the nature of the dispute, points or issues and the grounds in support or opposition. PLA may require the parties to file additional statements at any stage.

2. The party may also file any document or such other evidence, in proof of such facts and grounds urged.

3. The copy of the written statement and the documents or such other evidence filed has to be sent to the other parties to the application.

4. When the statement and additional statement and reply if any are filed, PLA shall conduct conciliation process between parties to the application, as it thinks fit, considering the circumstances of the dispute.

5. PLA should assist the parties in their attempt to reach an amicable settlement, in an independent and impartial manner. Every party is duty bound to co-operate in good faith, in the conciliation process.

6. If after the conciliation process, the PLA is of an opinion that there exists elements of settlement in such proceedings, which may be acceptable to the parties, PLA may formulate the terms of a possible settlement of the dispute and give it for the consideration of the parties. If the parties are agreeable to the same, they shall sign the same and PLA shall pass an award in terms of the settlement agreement.

7. If the parties are not agreeable to the settlement formulated, if the dispute is not an offence, then the PLA should decide the dispute on merits.

8. PLA shall, while conducting conciliation proceedings or deciding a dispute on merit, shall be guided by the principle of natural justice, objectivity, fair play, equity and other principles of justice.

9. The PLA, when deciding a dispute on merit, shall not be bound by the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872.

10.Every award made by the PLA shall be by the majority of the persons constituting the PLA.

11.The award rendered by PLA shall be deemed to be a decree of a civil court and shall be final. The PLA may transmit the award to the court having local jurisdiction for execution.

v Entitlement to Legal Services

(Section 12 of the Act)

Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons. Section 12 of the Act reads as under:- 

Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is-

 (i) A member of scheduled caste or schedule tribes;

(ii) A person whose annual income is not more than Rs.50,000/- for cases before Supreme Court and Rs. 25,000/- in other courts;

(iii) A person victim of trafficking in human beings or beggar;

(iv) Disabled, including mentally disabled;

(v) A woman or child;

(vi) A victim of mass disaster, ethnic violence, caste atrocities, flood, drought, earth quake, industrial disaster and other cases of undeserved want;

(vii) An industrial workman;

(viii) A person in custody including protective custody;

(ix) A person facing charge which might result in his imprisonment;

(x) A person unable to engage a lawyer and secure legal services on account of reasons such as poverty and indigence.

It has been provided under Article 39-A of the Constitution that- “It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities.”Under this concept the State has provided categories of persons who are entitled for legal services under this Act.

In (Khatri II Vs. State of Bihar, (1981) 1SCC) it has been held that the Constitutional duty to provide legal aid arises from the time the accused is produced before the Magistrate for the first time and continues whenever he is produced for remand.

In (M H Hoskot Vs. State of Maharastra (1978)3 SCC 544) it has been held that a person entitled to appeal against his/her sentence has the right to ask for a counsel, to prepare and argue the appeal. Section 304 of Criminal Procedure Code also provides that if the accused does not have sufficient means to engage a lawyer, the court must provide one for the defence of the accused at the expense of the state. Beside this The Magistrates and sessions judges must inform every accused who appears before them and who is not represented by a lawyer on account of his poverty or indigence that he is entitled to free legal services at the cost of the State.

In (Suk Das Vs. Union Territory of Arunachal Pradesh (1986) 2 SCC 401) it has been held that failure to provide legal aid to an indigent accused, unless it was refused, would vitiate the trial. It might even result in setting aside a conviction and sentence.

v When can Legal services be rejected-

(i) If the applicant has adequate means to access justice; or

(ii) He does not fulfil the eligibility criteria; or

(iii) He has no merits in his application requiring legal action.

v When can the legal services be withdrawn-

The legal services committee has the power to withdraw the legal aid/services granted to a person if-

(I). the aid is obtained through misrepresentation or fraud;

(II). any material change occurs in the circumstances of the aided person;

(III). there is misconduct, misbehaviour or negligence on the part of the aided person;

(IV). the aided person does not cooperate with the allotted advocate;

(V). the aided persons appoints another legal practitioner;

(VI). the aided person dies, except in civil cases;

(VII). the proceedings amount to misusing the process of law or of legal service.

v Cases for which legal aid is not available –

Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.

Proceedings relating to election;

Cases where the fine imposed is not more than Rs.50/-;

Economic offences and offences against social laws;

Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected, if not represented properly.

v Whom to approach for free legal aid---

The person who needs free legal aid can approach the Legal Services Authority at any level- national, state, district or taluq. The request can be made to:

the Senior Civil judge nominated as the chairperson of the Mandal/Taluq Legal the Secretary, District Legal Services Authority at the district level;

the Secretary, High Court Legal Services Committee at the state level;

the Secretary, Supreme Court Legal Services Committee at the higher level;

the member secretary of the state legal services authority;

the magistrate before whom she/he is produced; or the custodial authorities, if under detention.

v How to Approach?

- A written application can be made to the concerned authority

– Where the person cannot read or write, the legal services authority will record his/her statement along with thumb impression. Such a statement is treated as an application.

– The person who claims legal aid has to file an affidavit of his income.

Steps involved in the process: The eligibility criteria and the merits of the case are examined. If the application for legal aid is rejected, reasons shall be duly recorded and also informed to the applicant.

One important condition is that both parties in dispute should agree for settlement through Lok Adalat and abide by its decision. A Lok Adalat has the jurisdiction to settle, by way of effecting compromise between the parties, any matter which may be pending before any court, as well as matters at prelitigation stage i.e. disputes which have not yet been formally instituted in any Court of Law. Such matters may be civil or criminal in nature, but any matter relating to an offence not compoundable under any law cannot be decided by the Lok Adalat even if the parties involved therein agree to settle the same.

The award passed by the Lok Adalat is the decision of the court itself though arrived at by the simpler method of conciliation instead of the process of arguments in court. The most important factor to be considered while deciding the cases at the Lok Adalat is the consent of both the parties. It can not be forced on any party that the matter has to be decided by the Lok Adalat. However, once the parties agree that the matter has to be decided by the Lok Adalat, then any party cannot walk away from the decision of the Lok Adalat. During the last few years Lok Adalat has been found to be a successful tool of alternate dispute resolution in India. It is most popular and effective because of its innovative nature and inexpensive style. The system received wide acceptance not only from the litigants, but from the public and legal functionaries in general.

Therefore, it may be concluded that the system of Lok Adalat and giving free legal aid to eligible persons is a very noble one which has helped judiciary not only in speedy disposal of cases but has given some relief to the litigant, particularly to them who are poor and cannot afford to claim their right through court of law.

NEED FOR LOK ADALATS

Justice Ramaswamy says: “ Resolving disputes through Lok Adalat not only minimizes litigation expenditure, it saves valuable time of the parties and their witnesses and also facilitates inexpensive and prompt remedy appropriately to the satisfaction of both the parties”

Law Courts in India face mainly four problems:
· The number of courts and judges in all grades are alarmingly inadequate
· Increase in flow of cases in recent years due to multifarious Acts enacted by the Central and State Governments
· The high cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer's fee and incidental charges
· Delay in disposal of cases resulting in huge pendency in all the courts.

Lok Adalat has a positive contributory role in the administration of justice. It supplements the efforts and work of the courts. Area of contribution chosen for the purpose specially concerns and helps the common man, the poor, backward and the needy-most sections of the society.

ADVANTAGES OF LOK ADALATS

On the basis of study of concept and nature of Lok Adalat following are the striking advantages of the Lok Adalat system-

1. There is no court fee and if the court fee is already paid at the time of institution of the case such amount will be refunded to the concerned party if the dispute is resolved by the Lok Adalat. The dispute are settled without bearing any expenses by the parties.

2. Lok Adalats are empowered to settles the both kind of matters which are already pending before courts and which are at pre-litigation stage. The parties have an oportunity to bring the dispute before this institution at any time irrespective of whether the case is instituted in the court of law or not.

3. The procedure followed by Lok Adalat is simple, flexible , non-technical and informal. There is no strict application of procedural laws like Civil Procedure Code and Evidence Act while determining the claims of the parties by Lok Adalat.

4. The lawyers are not essential to be appeared during the conciliation process of Lok Adalat. However, they can assist the Lok Adalat in its proceeding by helping the parties to understand contentious issues and available alternatives and can persuade them to arrive at a settlement of the dispute.

5. It dispenses justice to the disputants through collaborative and participatory efforts of lawyers, law teachers, judges, administrative authorities and social workers who actively participate in the resolution of the dispute by discussion, counselling, persuasion, conciliation and humane approach.

6. Lok Adalat provides justice speedily to the parties, generally, when it resolve the cases in a single day. In this sense it helps to reduce the huge arrears in courts of law.

7. The award of Lok Adalat is final and binding. There are no further appeals, revisions or review applications. Therefore, the dispute ordinarily comes to an end.

8. The Lok Adalat system helps to create awareness among the people about their rights and duties mentioned in numerous social and welfare legislations. Lok Adalats are organised at various places such as villages, slum areas, industrial areas, labour colonies, towns and in jails, etc. In this way, it takes justice at the door-steps of the people.

9. The Lok Adalat settle the dispute on the basis of compromise and in the spirit of 'give and take'. Thus, there is neither a victor nor a vanquished and both the contestants are gainers and winners. They leave the premises smiling with no rancour or ill feeling for the other which ultimately leads to happiness and well being of the society. So, the drive behind the Lok Adalat is the roused consciousness of the community to prevent disruption of local unity and to secure substantial equity and social justice, in a mood of human solidarity.

CURRENT STATUS

In recent time the concept of Lok Adalat has gained popularity. Prison Lok Adalat, Provident Fund Lok Adalat, Labour Law Adalat, etc., are organised to settle disputes, and naturally many may be curious to know that what is Lok Adalat. Lok Adalat means Peoples’ court, in contrast to the regular law courts established by the government. Despite the fact that the judicial system in India is well organised with high level of integrity, the law courts are confronted with four main problems:

1. The number of courts and judges in all grades are alarmingly inadequate;

2. Increase in flow of cases in recent years due to multifarious Acts enacted by the Central and State government;

3. The high cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer’s fee and incidental charges and

4. Delay in disposal of cases resulting in huge pendency in all courts.

Some statistics may give us a feeling of tremendous satisfaction and encouragement. Up to the middle of the year 2004, more than 200,000 Lok Adalats have been held and therein more than 16 million cases have been settled, half of which were motor accident claim cases. More than One Billion US dollars were distributed by way of compensation to those who had suffered accidents. 6.7 million Persons have benefited through legal aid and advice.

About 90% of the cases filed in the developed countries are settled mutually by conciliation, mediation etc. and as such, only 10% of the cases are decided by the Courts there. In our country, which is developing, has unlike the developed countries, number of Judges disproportionate to the cases filed and, hence, to alleviate the accumulation of cases, the Lok Adalat is the need of the day.

CONCLUSION

We must remember that the Lok Adalats are not substitutes for existing courts. Lok Adalat lends itself to easy settlement of money claims; there is scope for other disputes as well. Partition suits damages and matrimonial cases can be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases. In Lok Adalat justice is dispensed summarily without too much emphasis on legal technicalities. It has to be a very effective alternative to litigation. Lok Adalat is a boon to the litigant public, where they can get their dispute settled faster and at free of cost. Experience has shown that it’s one of the efficient and important ADR and most suited to the Indian environment, culture and social interests. Objective of Lok Adalat is to settle the disputes which are pending before the courts, by negotiations, conciliation and by adopting persuasive common sense and human approach to the problems of the disputants. The large population of India and the illiterate masses have found the regular dispensation of justice through regular courts very cumbersome and ineffective. The special condition prevailing in the Indian society and due to economic structure, highly sensitized legal service is required which is efficacious for the poor and the ignorant masses. The Lok Adalat movement is no more an experiment in India. It’s now a success and needs to be replicated in certain matters. It properly, thoughtfully, and wisely constituted, Lok Adalats can become an additional arm of existing judicial institution, and moreover, if the process of accumulation of arrears is reversed and there is less burdening, its qualitative performance can improve.

Hence, the study reveals that the Lok Adalat system is people oriented and people supported mechanism which has received wide support from different sections of the society. Due to, its features, it has not only resulted in lessening the workload of our regular courts but has also provided efficacious justice to those who cannot afford to fight the costly legal battle for the assertion and protection of their rights under the prevailing justice delivery mechanism. Therefore, the forum of Lok Adalat deserves to be strengthened, developed for preventing litigation, ending the pending litigation and ultimately forming the Lok Adalat a peace-making and peacekeeping institution so that it may play a significant role in development of country.

Lok Adalats serve very crucial functions in a country due to many factors like pending cases, illiteracy etc. The Lok Adalat was a historic necessity in a country like India where illiteracy dominated about all aspects of governance. The most desired function of lok adalats may seem to be clearing the backlog, with the latest report showing 3 crore pending cases in Indian courts but the other functions cannot be ignored. The concept of Lok Adalat has been a success in practice.

Lok Adalats play a very important role to advance and strengthen “equal access to justice”, the heart of theConstitution of India, a reality. This Indian contribution to world ADR jurisprudence needs to be taken full advantage of. Maximum number of Lok Adalats need to be organized to achieve the Gandhian Principle of Gram Swaraj and “access to justice for all”.