Discuss how Lok Adalats facilitates quick and amicable settlement of disputes and the types of cases best suited for this forum

 

   Discuss how Lok Adalats facilitates quick and amicable settlement of disputes and the types of cases best suited for this forum.


Ø What is Lok Adalat

Lok Adalat, a term hailing from the Hindi lexicon, translates to “People’s Court” or “People’s Tribunal”. Rooted in the concepts of conciliation, mediation and compromise, it serves as a distinctive tool for resolving disputes outside the traditional legal framework. Lok Adalats offer disputing parties a refuge from the labyrinthine world of court battles sparing them the hefty investments of time, money and effort. Instead they provide a platform where adversaries can harmoniously settle their differences without the courtroom theatrics. This exceptional forum champions swiftness and efficacy in seeking justice all while nurturing the spirit of resolution. As of September 30, 2015, a whopping 15.14 lakhs Lok Adalats have been thrown on the stage all across the country since they first made their grand entrance. More than a mind-blowing 8.25 crore cases have been tidied up and settled through this nifty mechanism.

Ø Origin and Legal Framework of Lok Adalat

The origins of Lok Adalats can be traced back to the time honored Indian tradition of resolving conflicts through communal engagement. Nevertheless the contemporary rendition of Lok Adalats gathered momentum following the enactment of the Legal Services Authorities Act in 1987.

Lok Adalats were established as legal entities vested with the authority to adjudge and settle disputes under the aegis of this Act,. Through subsequent amendments the Legal Services Authorities Act laid the concrete groundwork for the functioning and jurisdiction of Lok Adalats in India.

Ø Types of Cases Lok Adalat Deals With

1.     Civil Cases: Lok Adalats address civil disputes such as property disputes, landlord-tenant disputes, contractual disputes, partnership disputes, inheritance disputes, and other civil matters. These cases generally involve various matters specifically relating to individuals, businesses or organizations seeking resolution through negotiation and compromise.

2.   Family Disputes: Lok Adalats provide a platform for resolving family-related conflicts and disputes. Family matters may include matrimonial disputes such as divorce, child custody, maintenance demands and property division among divorcing couples. Lok Adalats focus on promoting amicable settlements and also restoring family harmony.

3.   Compoundable Criminal Cases: Lok Adalats have jurisdiction over criminal cases that are compoundable under the law. Compoundable offenses are those where the complainant/victim agrees to enter into a compromise with the accused and the law if it feels better, allows for the withdrawal of charges or settlement through mutual agreement. Examples of compoundable offenses include minor offenses like theft, mischief, defamation and certain sections of the Indian Penal Code.

4.   Motor Accident Claims: Lok Adalats play a significant role in resolving motor accident compensation claims. These kind of cases includes disputes related to personal injury, property damage and insurance claims arising from road accidents. Lok Adalats help to facilitate settlements that consider the damages suffered by the victim and the financial liability of the parties involved.

5.    Land Acquisition Disputes: Types of cases where land acquisition by the government or by any other authority becomes a subject of dispute; Lok Adalats provide an effective platform for negotiation and resolution. The party having objection or raising dispute may opt for Lok Adalat as an alternative to save the time and money to be spent in regular court set up. Land acquisition disputes generally involve issues related to compensation, rehabilitation, encroachment and disputes arising from the land acquisition process.

6.   Public Utility Service Disputes: Disputes related to public utility services may also be refered to the Lok adalat, such as electricity bills, water bills, telephone bills and other utility-related matters etc. The major aim of these kind of cases is to find a mutually acceptable solution that benefits both the service provider and the consumer.

7.    Other Civil and Criminal Cases: Lok Adalats also have the authority to handle the other wide range of civil and criminal cases that fall within their jurisdiction. These kind of cases may include disputes related to debt recovery, commercial disputes, consumer disputes, encroachments on forest lands, revenue matters and various other civil and criminal matters which can be resolved through negotiation and compromise.

It is important to note that the Lok Adalats do not have jurisdiction over non-compoundable offenses, non-compoundable offenses are those that are considered more severe or have specific legal restrictions against the settlement. These offenses typically involve crimes against the state, public order, or offenses of a serious nature.

Ø Types of Lok Adalats

In India, various types of Lok Adalats have been established to cater to specific categories of cases, ensuring accessible and efficient justice for all.

1. Permanent Lok Adalats

Permanent Lok Adalats are created under the Legal Services Authorities Act of 1987 to resolve specific types of disputes. These lok adalats have authority over public utility services such as transportation, postal services and telegraph services.
They have the same powers as a Civil Court and are presided over by a sitting or retired judicial officer.
Permanent Lok Adalats ensure that issues are resolved quickly and conveniently for all parties concerned.

2. National Lok Adalat

National Lok Adalat is an unique initiative by the Indian government aiming to reduce the burden of pending cases across the country. It is conducted on specific days as specified by the National Legal Services Authority (NALSA). The National Lok Adalat aims to encourage compromise and settlement offering an opportunity to resolve a vast number of cases expeditiously. By making justice accessible to all this initiative promotes the principle of “justice at the doorstep”.

3. State Lok Adalat

State Lok Adalats operate at the state level and focus on resolving disputes that are pending before various courts within the jurisdiction of the respective state. These adalats are organized by the State Legal Services Authorities (SLSA) and serve as an alternative forum for litigants to seek resolution.

4. Mega Lok Adalat

Mega Lok Adalat is an extended version of the National Lok Adalat. It mainly aim to address a large number of cases pending in various courts and tribunals within a specific jurisdiction. The Mega Lok Adalat brings together multiple Lok Adalats, including Permanent Lok Adalats, to handle a substantial volume of cases on a single day.

5. Mobile Lok Adalat

The Mobile Lok Adalat is a very progressive concept that takes the Lok Adalat system to the doorstep of the interested litigants. It involves the establishment of temporary Lok Adalat. It centers in the different locations to cater to the needs of people who may face challenges in accessing regular courts. The Mobile Lok Adalat plays very important role its reach out the remote areas for ensuring easy access to justice for all irrespective of their geographical location.

6. Lok Nyayalayas

Lok Nyayalayas are decentralized village courts established to provide affordable and easily accessible justice to the rural population. These courts operate at the grassroots level that follow simplified procedures. Lok Nyayalayas aim to resolve disputes amicably, focusing on the principles of natural justice and fair play. By establishing Lok Nyayalayas the legal system strives to bridge the gap between the litigants residing at rural areas and the formal judicial system.

7. Industrial Lok Adalats

Industrial Lok Adalats are specialized Lok Adalats that focus on resolving industrial disputes by promoting industrial harmony by addressing conflicts between employers and employees outside the regular court. Industrial Lok Adalats have jurisdiction over matters related to employment, labor rights, wages, and other industrial disputes. By providing a quick and efficient resolution mechanism Industrial Lok Adalats contribute to a conducive working environment.

8. Online Lok Adalats

The advancement of technology in general has given rise to Online Lok Adalats which utilize digital platforms for dispute resolution such as vedio conferencing. Online Lok Adalats leverage video conferencing and other online tools to facilitate the settlement of disputes. This modern approach offers convenience particularly for parties located in different geographical locations. Online Lok Adalats save time and resources while ensuring accessibility and efficiency in the resolution process.

9. Public Utility Services Lok Adalats

Public Utility Services Lok Adalats specialize in resolving disputes related only to essential services such as water supply, electricity, healthcare and transportation. These Lok Adalats aim to expedite the resolution of grievances concerning public utility services only. These Lok adalats provide swift and cost effective mechanism of dispute resolution ensuring the wellbeing of the general public.

10. Special Lok Adalats

Special Lok Adalats are organized to deal with specific categories of cases tailoring the approach to meet their unique requirements. These adalats address matters such as motor vehicle accident claims, land acquisition disputes and family matters etc. By focusing on specific types of cases Special Lok Adalats streamline the resolution process ensuring specialized attention and timely justice.

Ø Levels and Composition of Lok Adalats:

The composition of Lok Adalats varies at different levels, ensuring a fair and inclusive approach to justice.

1. State Authority Level

At the State Authority Level, the Member Secretary of the State Legal Services Authority takes the responsibility of organizing the Lok Adalat. The Lok Adalat benches at this level are constituted with the following members:

●      A sitting or retired judge of the High Court or a sitting or retired judicial officer.

●      Any one or both of the following:

a)     A member from the legal profession.

b)     A social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programs.

The inclusion of members from the legal profession and social workers ensures a balanced and comprehensive approach to dispute resolution.

2. High Court Level

At the High Court Level, the Secretary of the High Court Legal Services Committee is responsible for constituting Lok Adalat benches. The composition of these benches includes:

●      A sitting or retired judge of the High Court.

●      Any one or both of the following:

a)     A member from the legal profession.

b)     A social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programs.

By involving experienced judges and individuals committed to social welfare, the Lok Adalat benches at the High Court Level uphold fairness and expertise.

3. District Level

The Secretary of the District Legal Services Authority organizes Lok Adalats at the District Level. The composition of Lok Adalat benches at this level includes:

●      A sitting or retired judicial officer.

●      Any one or both of the following:

a)     A member from the legal profession.

b)     A social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programs.

c)      A person engaged in para-legal activities of the area, preferably a woman.

The inclusion of individuals engaged in para-legal activities, especially women, ensures representation and accessibility, particularly for marginalized sections of society.

4. Taluka Level

At the Taluka Level, the Secretary of the Taluk Legal Services Committee is responsible for organizing Lok Adalats. The composition of Lok Adalat benches at this level includes:

●      A sitting or retired judicial officer.

●      Any one or both of the following:

a)     A member from the legal profession.

b)     A social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programs.

c)      A person engaged in para-legal activities of the area, preferably a woman.

By including local representatives engaged in para-legal activities, Lok Adalats at the Taluk Level address the specific needs and concerns of the local community, ensuring effective and relevant dispute resolution.

The composition of Lok Adalats at different levels involves individuals from the legal profession, social workers, and those engaged in para-legal activities. This diverse composition ensures the inclusion of expertise, social welfare perspectives, and local representation, ultimately promoting fair and accessible justice for all.

 

References:

1. Characteristics of Alternate Dispute Resolution (ADR) and Advantages and Disadvantages of Alternate Dispute Resolution (ADR)

 2. Legal Education in India: Challenges, Innovations, and a Vision

3. Sources of Law

4. Salient features of Arbitration and Conciliation Act, 1996.

5. Disscuss the Differences between Arbitration and Conciliation

6. What type of Matter Cannot be subject to ADR (Alternative Dispute Resolution)

7. Discuss the historical background and objectives of the Arbitration and Conciliation Act, 1996

8. What is an Interim Measure by Court Under Section 9 of the Arbitration and Conciliation Act 1996

9. Differences between Arbitration and Mediation

10. Difference between Mediation and Conciliation

11. Difference between Arbitration and Conciliation

12. Difference between Arbitration and Negotiation

13. Discuss the State Legal Service authority and the Legal Service Authority Act

14. Compare and contrast Negotiation, Conciliation, and Arbitration as forms of Alternate Dispute Resolution (ADR)

15. Discuss the Role of Negotiation within the framework of Alternate Dispute Resolution (ADR)

16. Analyze the Process of Conciliation in Alternate Dispute Resolution (ADR)

17. Explain the key Elements of an Arbitration Agreement under the Arbitration and Conciliation Act, 1996

18. Explain the process of Appointment and Termination of an Arbitrator under the Arbitration and Conciliation Act, 1996

19. Powers and Duties of the Arbitral Tribunal in Managing the Arbitration Process

20. Discuss the Requirements for a Valid Arbitral Award and the Circumstances under which an Arbitral Award can be Set Aside

21. Discuss the role and significance of Tribunals, Lokpal, and Lokayukta in the Indian legal system as forms of Alternative Dispute Resolution (ADR)

 

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