Before the commencement of The
Arbitration and Conciliation Act 1996, India already had its own Alternative
Dispute Resolution mechanism embellished on the grass root level in the
country’s justice dispensation system known as Lok Adalat. This mechanism already
existed in the Indian cultural and social life before the concept of ADR was
formally introduced in the Indian jurisprudence. The term Lok Adalat stands in
its vernacular form as People’s Court. It is a forum where pending cases in any
court of law or cases that are at pre-litigation stage are settled amicably by
using methods of conciliation, mediation and negotiations. Settlement in these
courts is made possible by the voluntary efforts made by the parties. These
courts emerged from the concept of providing Legal Aid to the poor ,with the
motive that poverty shall not become a hindrance in obtaining justice. The
purpose of these courts was to make administration of law and justice
obtainable and accessible to everyone and provide relief to those in line for
justice.
They have been given statutory status and
legally sanctioned by the Legal Services Authority Act 1987. Section 19 of this
act provides that every State and District authority, Taluk Legal Service
Committee, High Court or the Supreme Court Legal Services Committee may
establish Lok Adalats to obtain speedier and cost effective settlements of
pending cases. Article 39-A of the Indian constitution also provides various
provisions for the settlement of issues through Lok Adalat. The jurisdiction at
Permanent Lok Adalat can be sought by an application before the pre-litigation
phase; once the jurisdiction has been approved the parties cannot resort to or
approach before any other court of law during the ongoing process. It is also
important to remember the monetary jurisdiction is up to Rs.10 Lakhs only
and no jurisdiction can be sought in the
matter of non-compoundable cases i.e. cases which are serious in nature and no
compromise can be made between the parties and even the court lacks the authority
and cannot give assent to compound such offenses. Under this act[1], the
decision made by the court is deemed to be a decree of a civil court and is
binding on all the parties. However, no appeal can be made against the decision
in any court of law. If the disputant parties fail to reach a settlement or are
not satisfied by the award (decision) of Lok Adalat they are allowed to pursue
litigation and approach court with the appropriate jurisdiction.
The presiding members of Permanent
Lok Adalat are generally active or retired judicial officers (or from other
fields) assigned as a Chairman along with two other persons with adequate
knowledge and experience in public utility services, they can also be a lawyer
or a social worker. Lok Adalats have been conducted in regular intervals by
National Legal Service Authority (NALSA) along with other Legal Aid and Service
institutions[2].
‘Conciliators’ is the term used for
members of Lok Adalat- they do not have
any judicial role rather they act as statutory conciliators only, it means they
cannot compel, coerce or pressurize any disputant party to reach a settlement
or compromise in matters rather they can only encourage and persuade the
parties to reach a conclusion and resolve the matter outside the court. Matters
in Cases of Lok Adalat are not decided on its own instance, rather the members
of Lok Adalat assist the parties in an impartial and independent manner to
reach for an amicable solution. One important key factor is that both the
disputant parties shall agree for settlement through Lok Adalat and abide by
its decision.
Lok Adalat generally deals with
cases regarding:
●
Mutation of Land cases
●
Encroachment on forest lands
●
Family Disputes
●
Land acquisition disputes
● Motor accident claims
● Cases which are not sub-judice
Lok Adalat not only provides
speedier justice but also can be conducted in suitable places in local
languages which make it comprehensive even for the illiterates. It is also
economical in the sense that no court fee is to be paid, if the dispute is
settled in the Lok Adalat in cases that are filed or cases that are referred
from regular courts then the fee is refunded, this phenomenon also acts as an
incentive for disputants to negotiate for settlement. There is no strict
application of procedural laws and Evidence Act during the process of claims,
the parties can explain their stand and claims through their advocates or they
can directly interact with the judge. It is a complimentary institution to the
present judicial system working on the principles of justice, equity and fair
play. It has become a necessity for the nation where justice cannot be denied
and it must surmount the barrier of illiteracy and poverty.[3]
[1]
Legal Services Authority Act 1987
Organized under Section-22 B of The Legal
Services Authority Act, 1987
[2] Nalsa.gov.in/lok-adalat
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