This article has been written by Ms. Tashveen Kaur , a 1st year BA LLB student from Army Institute of Law ,Mohali.
Introduction
Lok Adalat has turned into an effective way to conduct civil proceedings. It is an informal way of litigation. It results in speedier justice and is less expensive than traditional proceedings.
What is Lok Adalat?
Lok Adalat, also known as “People’s Court,” is an alternative dispute resolution mechanism in India. It is a forum where disputes are resolved outside the formal court system, with the help of a conciliatory approach.
The Lok Adalat is an informal, non-adversarial, and voluntary forum where the parties involved in a dispute can come together and reach a settlement through conciliation and mediation. The Lok Adalat is presided over by a retired judge, a sitting judge, or an advocate appointed by the court, who acts as a conciliator or mediator.
History of Lok Adalat
The concept of Lok Adalat dates back to ancient India, where the king used to sit in the open court to dispense justice to his subjects. The king was known as the “people’s judge” and resolved disputes through a process of mediation and negotiation. The concept of Lok Adalat was revived in the modern era in India in the 1980s as a part of the Legal Services Authorities Act, 1987. The act was enacted with the objective of providing free legal services to the weaker sections of the society and to ensure that justice was not denied to any citizen due to economic or other disabilities.
Functioning of Lok Adalat
Lok Adalat is a forum for the settlement of disputes outside the court system. It is a non-adversarial process where the parties involved in the dispute come together to find a solution. The Lok Adalat can be convened by the State Legal Services Authority, the District Legal Services Authority, or any other authority designated by the State Government. The parties can approach the Lok Adalat voluntarily, or the court can refer the case to the Lok Adalat for settlement.
The Lok Adalat is presided over by a sitting or retired judicial officer, and it can also have two other members who are either social activists, legal professionals, or experts in the field of arbitration or conciliation. The proceedings of Lok Adalat are conducted in an informal and relaxed atmosphere, which promotes open communication between the parties.
The Lok Adalat can handle civil cases that are pending in court or any matter which is not yet filed in any court of law but is capable of being settled by way of compromise. The Lok Adalat can also handle cases that fall within its jurisdiction under the Motor Vehicles Act, the Industrial Disputes Act, and the Land Acquisition Act. However, certain disputes like cases involving offenses against women such as dowry death and rape, offenses against children such as child marriage, and other serious criminal offenses are not eligible for settlement through Lok Adalat.
The Lok Adalat offers a quick and cost-effective method of resolving disputes as there are no legal fees, and parties can avoid lengthy litigation. The parties only need to pay a nominal fee for filing their case in Lok Adalat. The decisions of Lok Adalat are binding on the parties, and they cannot be challenged in court. This ensures that the parties abide by the decision and comply with the terms of settlement. The proceedings of Lok Adalat are confidential, which means that the parties can openly discuss the issues and find solutions without the fear of disclosure.
How lok Adalat different from traditional courts?
Lok Adalat differs from traditional courts in several ways:
- Voluntary Participation: One of the key differences between Lok Adalat and traditional courts is that the participation of the parties involved in the dispute is voluntary in Lok Adalat. Whereas in traditional courts, the parties may be summoned or compelled to participate in the proceedings.
- Informal Setting: Lok Adalat is an informal forum, and the proceedings are conducted in a less formal setting compared to traditional courts. This relaxed atmosphere promotes open communication, and the parties are encouraged to discuss and reach an amicable settlement.
- Conciliatory Approach: Lok Adalat adopts a conciliatory approach to resolving disputes. The focus is on helping the parties to reach a mutually acceptable settlement rather than imposing a judgment.
- Speedy Resolution: Lok Adalat is known for its speedy resolution of disputes. Cases are resolved within a day, and the decision-making is binding on the parties involved.
- Cost-effective: Lok Adalat is a cost-effective alternative to traditional courts. There are no court fees or legal charges, and the parties do not need to pay for the services of a lawyer.
Legally binding: Once a settlement is reached in Lok Adalat, it is legally binding on all parties involved. This means that the settlement is enforceable in the same way as a court judgment.
Overall, Lok Adalat provides a less adversarial and more amicable approach to resolving disputes, which is different from the formal and adversarial approach of traditional courts.
What types of cases are dealt in Lok Adalat?
Lok Adalat can handle civil cases that are pending in court or any matter which is not yet filed in any court of law but is capable of being settled by way of compromise. Here are some examples of cases that can be resolved through Lok Adalat:
Motor Vehicle Accidents Cases
Matrimonial and Family Disputes
Property Disputes
Land Acquisition Disputes
Partition Suits
Disputes related to Banking and Finance
Disputes related to Insurance
Disputes related to Labour and Employment
Disputes related to Intellectual Property Rights (IPR)
Disputes related to Contractual Obligations
It’s important to note that Lok Adalat can only handle cases that are civil in nature and do not involve criminal offenses. Also, certain disputes like cases involving offenses against women such as dowry death and rape, offenses against children such as child marriage, and other serious criminal offenses are not eligible for settlement through Lok Adalat.
Which Lok Adalat to be Approached?
As per section 18(1) 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 –
- 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 organised.
Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law.
Is lok Adalat an effective way of solving disputes?
Lok Adalat is an effective method of resolving disputes as it offers many benefits over traditional court proceedings. Here are some reasons why Lok Adalat is an effective method of resolving disputes:
- Quick and Efficient: Lok Adalat is known for its speedy resolution of disputes. It aims to resolve disputes in a single hearing, which saves time and costs for all parties involved.
- Cost-effective: Lok Adalat is a cost-effective method of resolving disputes as there are no legal fees, and parties can avoid lengthy litigation. The parties only need to pay a nominal fee for filing their case in Lok Adalat.
- Settlement by Consent: In Lok Adalat, the disputes are resolved by way of compromise or settlement between the parties themselves. This means that the parties have control over the outcome of the dispute and can agree on a solution that is acceptable to both parties.
- Binding: The decisions of Lok Adalat are binding on the parties, and they cannot be challenged in court. This ensures that the parties abide by the decision and comply with the terms of settlement.
- Confidentiality: The proceedings of Lok Adalat are confidential, which means that the parties can openly discuss the issues and find solutions without the fear of disclosure.
- Voluntary: Participation in Lok Adalat is voluntary, and parties can withdraw from the proceedings if they are not satisfied with the outcome. This means that the parties are not forced to accept any settlement and can opt for formal court proceedings if they are not satisfied.
Limitations of Lok Adalat
- Limited jurisdiction: Lok Adalat can only handle cases that are civil in nature and do not involve criminal offenses.
- Limited power: Lok Adalat has limited power to enforce its decisions, and parties may not always comply with the outcome.
- Limited scope: Lok Adalat is not suitable for all types of disputes, and some cases may require formal legal proceedings.
- No appeal: The decisions of Lok Adalat are final and binding, and there is no provision for appeal.
- Lack of legal representation: Parties in Lok Adalat may not be represented by legal counsel, which can be a disadvantage for those who are not familiar with the legal system.
Case laws
Over the years, several landmark cases have been decided through Lok Adalat in India. Here are some of the notable ones:
Salem Advocate Bar Association v. Union of India (Writ Petition (civil) 496 of 2002): In this case, the Supreme Court of India held that the decision of Lok Adalat was final and binding on the parties involved in the dispute. The court also observed that the parties could not approach the court to challenge the decision of Lok Adalat.
Jagdish Mandal v. State of Orissa (Appeal (civil) 5699 of 2006) : In this case, the Supreme Court held that Lok Adalat had the power to award compensation to the parties involved in the dispute. The court observed that the compensation awarded by Lok Adalat should be just, reasonable, and fair to all parties involved.
These landmark cases have contributed to the growth and success of Lok Adalat in India. They have established the finality and binding nature of the decisions of Lok Adalat and have paved the way for the speedy resolution of disputes through mediation and conciliation.
Conclusion
Lok Adalat is an effective method of resolving disputes, and it has been successful in resolving a wide range of civil disputes. However, its effectiveness depends on the willingness of the parties to cooperate and arrive at a settlement. If the parties are unwilling to cooperate, the dispute may not be resolved effectively through Lok Adalat.
References
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