Adv Rishabh Kumar
Edited By Bharti Verma, Associate Editor at Law Insider
Published on: October 10, 2023 at 23:31 IST
Lok Adalat is a term used in India to refer to “People’s Court” or “People’s Tribunal.” It is a form of alternative dispute resolution mechanism where disputes and cases are settled outside of the traditional judicial system.
Lok Adalats Aim to provide a speedy and cost-effective way to resolve disputes and reduce the burden on the regular court system.
It is organized by District Legal Services Authority, Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law.
Composition of Lok Adalat
The composition of a Lok Adalat typically includes a chairman, two members, and one social worker. The chairman is required to be a retired judicial officer with legal expertise, while the other two members are expected to be lawyers.
Powers and Jurisdiction of Lok Adalat
Lok Adalats are vested with specific powers and authority to effectively handle dispute resolution. These powers include:
1. Lok Adalats possess powers equivalent to those of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908). This authority extends to the following matters:
(a) Summoning and ensuring the attendance of witnesses and administering oaths for their examination.
(b) Discovery and production of documents relevant to the case.
(c) Acceptance of evidence through affidavits.
(d) Requisitioning public records, documents, or their copies from courts or offices.
2. Procedural Autonomy: Lok Adalats have the flexibility to establish their own procedures for the resolution of disputes, adapting their methods to the specific needs of each case.
3. Judicial Status: All proceedings conducted in a Lok Adalat are regarded as judicial proceedings within the legal framework. This classification falls under sections 193, 219, and 228 of the Indian Penal Code (45 of 1860). Moreover, Lok Adalats are recognized as Civil Courts for the purposes defined in section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
In essence, Lok Adalats possess comprehensive powers and status to efficiently address disputes, ensuring a fair and legally sound resolution process.
Types of Cases Handled by Lok Adalats
Lok Adalats exercise jurisdiction over a wide range of cases, encompassing those already pending in court and those not yet filed in any judicial forum. In cases where disputes have not been initiated in any court, parties or a single party involved in the dispute can seek referral to Lok Adalats when they approach either the court or the Lok Adalat itself. Additionally, in pre-litigation disputes, a party can submit an application for the matter to be referred to Lok Adalat for resolution.
Lok Adalats play a pivotal role in resolving civil disputes. These encompass a wide range of issues such as property disputes, motor accident claims, debt recovery, consumer disputes, and other civil matters.
Lok Adalats take up criminal cases that are compoundable in nature. These are cases where the involved parties can potentially reach a compromise. Such cases are considered by Lok Adalats, offering an avenue for resolution without extensive litigation.
Nature of Disputes settled in Lok Adalat are as follows:
- Compoundable Criminal Offences: Lok Adalats have authority over disputes concerning compoundable criminal offenses. These offenses allow for settlement through compromise between the parties involved.
- Land Acquisition Disputes: Disputes arising from land acquisition proceedings fall within the purview of Lok Adalats. These may involve compensation issues or disagreements related to land acquisition.
- Matrimonial Disputes: Lok Adalats can address matrimonial disputes, such as divorce, maintenance, and child custody matters, aiming to foster amicable resolutions between spouses.
- Family Disputes: Cases related to family matters, including property disputes among family members, can be taken up by Lok Adalats for resolution.
- Land Mutation: Lok Adalats also handle disputes concerning land mutation, which typically involves changes in land records, ownership, or titles.
- Other Disputes:Lok Adalats are not confined to civil and criminal cases alone. They also handle various other disputes, including those pertaining to labor disputes, landlord-tenant conflicts, and issues related to public utility services. These forums provide a platform for resolving a diverse range of disputes.
Procedure at Lok Adalat:
The procedure at Lok Adalats involves several key steps:
1. Filing of Disputes: Parties involved in a dispute must initially file the dispute or present it verbally before the Lok Adalat.
2. Scheduling of Dates: Lok Adalats schedule their proceedings in advance, typically on weekends or holidays. This information is disseminated widely through various means, including press, posters, radio, and television.
3. Case Identification: Before the Lok Adalat session, organizers liaise with local courts to identify cases that are amenable to conciliation. These cases are then presented to the Lok Adalat for resolution.
4. Referral to Lok Adalat: Any party involved in a dispute can request to refer the matter to Lok Adalat. The court, after considering all parties’ views, may refer the dispute to Lok Adalat if the basic criteria are met and the potential for a settlement exists.
5. Conciliation Attempts: Lok Adalats work diligently to achieve a fair and just settlement based on principles of equality and justice. The focus is on amicable resolution through consensus.
6. Return to Court: If a settlement cannot be reached at the Lok Adalat, the dispute is returned to the court for further legal proceedings.
Lok Adalats possess legal authority similar to that of a civil court. They follow a specific procedure designed to facilitate amicable settlements, and if unsuccessful, the case is handed back to the court for further adjudication.
Lok Adalats thus provide a vital alternative dispute resolution mechanism, emphasizing reconciliation and fairness in the pursuit of justice.
Amicable Resolutions in Lok Adalats
Lok Adalats follow a unique approach to dispute resolution, where the decision-making process is based on the compromise reached between the involved parties. Rather than initiating a decision independently, Lok Adalats rely on the mutual agreement of the disputing parties. The members of the Lok Adalat play a pivotal role in assisting these parties in a fair and impartial manner to achieve a harmonious settlement of their dispute.
Importance of Lok Adalats
The significance of Lok Adalats becomes evident when considering the staggering backlog of cases in India’s legal system. A substantial portion of cases in taluka and district courts has been pending for an extended period, with 16.9% of them remaining unresolved for three to five years. High courts face an even more daunting situation, with 17% of cases lingering for 10-20 years, and over 20.4% of cases falling within the 5-10 years category. The Supreme Court, as well as various High Courts, are inundated with pending cases, with over 66,000 cases before the Supreme Court, more than 57 lakh cases before different High Courts, and a staggering 3 crore cases awaiting resolution in subordinate and district courts.
Given this backlog, litigants often turn to Lok Adalats as a solution, primarily because it offers a party-driven approach that facilitates amicable settlements.
Benefits of Lok Adalats
Lok Adalats offer several advantages, including the expeditious resolution of disputes. Many cases are efficiently disposed of within a single day. Unlike traditional court proceedings, Lok Adalats do not strictly adhere to procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872. This flexibility contributes to the rapidity of Lok Adalat proceedings.
Furthermore, the awards issued by Lok Adalats, following the filing of a joint compromise petition, hold the status of a civil court decree, thus rendering them legally binding. Additionally, there are no court fees associated with Lok Adalat proceedings, and if court fees have already been paid, they are refunded if the dispute is successfully settled.
Conclusion
Lok Adalats offer an alternative and expedited approach to dispute resolution through amicable settlements. Lok Adalats have been instrumental in reducing the backlog of cases in the Indian judiciary and promoting the principles of justice, equity, and fairness. They are especially effective in resolving disputes amicably and providing timely relief to litigants.