Draft:Lok adalat
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What is Lok Adalat?
Lok Adalat, meaning “People’s Court” (“Lok” means “people” and “Adalat” means “court”), is a statutory alternative dispute resolution mechanism in India for the amicable settlement of disputes. It operates within the legal-services framework established under the Legal Services Authorities Act, 1987, and Lok Adalats are organised by Legal Services Institutions at different levels.
A Lok Adalat may deal with cases pending before a court as well as eligible pre-litigation disputes. Its primary purpose is to facilitate a voluntary settlement between the parties through conciliation and negotiation, providing a comparatively speedy, accessible and cost-effective means of dispute resolution. The process is based on the principle that parties should themselves agree to the terms of settlement rather than have a regular Lok Adalat impose a decision on them.[1]
Where the parties reach a settlement, the terms are recorded and an award is made by the Lok Adalat. Under Section 21 of the Legal Services Authorities Act, 1987, such an award is treated as a decree of a civil court and is final and binding on the parties. However, where the parties fail to reach a settlement, a regular Lok Adalat does not ordinarily adjudicate the dispute on its merits.[1][2]
Lok Adalat therefore represents more than a mechanism for reducing litigation. It forms part of India's broader access-to-justice and legal-aid framework, seeking to make dispute resolution less costly, less formal and more accessible to parties.
The use of technology has further expanded this mechanism. During the COVID-19 pandemic, Legal Services Institutions introduced E-Lok Adalat, enabling eligible proceedings to be facilitated through digital platforms and allowing parties to participate without being physically present.
Official Definition
Lok Adalat has been given statutory status under Chapter VI of the Legal Services Authorities Act, 1987. An award given by a Lok Adalat is recognized to be a decree of a civil court under the Legal Services Authorities (LSA) Act of 1987. An award made by a Lok Adalat is final and binding on the parties, and no appeal lies against such an award under the Act. Lok Adalat sessions are organized by various legal services authorities at such intervals and places as considered appropriate by the Legal Services Institutions. to help people settle disputes outside of court, reducing court backlogs and resolving issues faster. Lok Adalats are organized by Legal Services Institutions at appropriate intervals to facilitate the settlement of disputes, thereby helping to reduce court backlogs and resolve suitable disputes efficiently, in accordance with Section 19 of the LSA Act, 1987.[1]
Nature of cases to be referred to Lok Adalats:
- Any case pending before any court.
- Any dispute which has not been brought before a court and is likely to be instituted before it.
Generally, Lok Adalats have the competence to deal with civil, revenue and compoundable criminal matters, including motor accident claims, partition claims, matrimonial and family disputes, bonded labour disputes, land acquisition disputes, bank recovery matters and arrears of retirement benefits, subject to the applicable legal provisions.[2]
Every Lok Adalat organised by the Legal Services Institutions shall consist of serving or retired judicial officers and other persons as specified by the Legal Services Institutions. The experience and qualifications of such persons shall be in accordance with the applicable statutory and regulatory requirements.[3]
Both parties must agree to settle their case through Lok Adalat. Alternatively, one party can send an application for it to the court or any legal services authority, and if the court is satisfied prima facie that there are chances of settlement, it may refer the case.[4]
Where no award has been made by the Lok Adalat on the ground that no compromise or settlement could be reached between the parties, that Lok Adalat shall advise the parties to seek remedy in a court.[5]
Types of Lok Adalat
Lok Adalats may be organised at different levels by the Legal Services Institutions, including at the national, state, High Court, district and taluk levels, depending on the nature and scope of the Lok Adalat.
National Lok Adalat
This type of Lok Adalat is held at regular intervals, where on a single pre-fixed date (right from the Supreme Court till the Taluk levels) courts organize Lok Adalats under the guidance of the National Legal Services Authorities.[6] They provide an opportunity for a large number of suitable pending and pre-litigation disputes to be taken up for settlement.
Permanent Lok Adalat
Permanent Lok Adalats are permanent bodies established under Section 22-B of the Legal Services Authorities Act, 1987 for the purpose of conciliation and settlement of disputes concerning specified public utility services.[7] They are organized under Section 22-B of the Legal Services Authority Act, 1987.[8] Where the parties fail to settle the dispute under the conciliation proceedings, the Permanent Lok Adalat has adjudication power,[9] unlike the Lok Adalats.[10] Permanent Lok Adalat has pecuniary jurisdiction to decide cases relating to public utility services such as matters related to electricity, telephone, insurance etc., up to the value of one crore rupees.
Every award made by the Permanent Lok Adalat is final and is executable by a civil court having local jurisdiction as if it were its own decree. However, it can be challenged by way of writ petition in a High Court.[11]
Mobile Lok Adalat
This type of Lok Adalat is organized in various parts of the country by NALSA along with other legal services institutions. It travels from one location to another to resolve disputes in order to facilitate the resolution of disputes.[12]
E-Lok Adalat
E-Lok Adalat refers to the use of digital platforms and technology to facilitate Lok Adalat proceedings. It enables parties, lawyers and Legal Services Institutions to participate remotely, where the applicable system permits. E-Lok Adalat gained particular significance during the COVID-19 pandemic by allowing dispute-resolution proceedings to continue when physical access to courts and legal-services institutions was restricted.
E-Lok Adalat is a technology-enabled mode of conducting Lok Adalat proceedings rather than a separate statutory category created under Chapter VI of the Legal Services Authorities Act, 1987.
Appearance in official databases
Lok Adalats mostly appear in the official website of the National Legal Services Authority and the state-specific e-prosecution websites. Official and institutional databases provide quantitative information on Lok Adalat activity, including cases taken up, settled and disposed of through different modes and at different levels.
The National Legal Services Authority - Official Website
The official website of the National Legal Services Authority ("NALSA")[13] provides the rules and regulations related to Lok Adalat. Additionally, it offers annual reports where one can find statistics—such as the disposal of cases in each type of Lok Adalat, and number of Lok Adalat cases settled. The site also provides links to the State Legal Services Authorities in its homepage and general information on the types of Lok Adalats and number of Lok Adalats organised in the country. For example, information such as the Permanent Lok Adalat reports can also be accessed here.
The Legal Aid Case Management System maintained by National Legal Services Authority and provides the visitors of the website with guides and videos as to how to file your case and redirects them to the official website of the National Legal Services Authorities for other services. Additionally, the website provides a section of frequently asked questions where basic questions with relation to the services have been answered.[14]
eCourts Services website
The availability and extent of Lok Adalat case information on the eCourts website may vary depending on the specific state or jurisdiction. Some states may have more comprehensive online systems than others. Users are advised to visit the official eCourts website of the relevant state or jurisdiction to access the specific features and search capabilities provided for Lok Adalat cases.
Websites of State Legal Authorities Services
The websites of the State Legal Services Authorities (SLSAs) in India provide information and services related to legal aid and access to justice, including Lok Adalats.
Karnataka State Legal Services Authority publishes comprehensive statistics relating to disposal of cases in 3 formats: 1) disposal of pending cases; 2) disposal of pre-litigation cases, and; 3) district-wise settlements under National Lok Adalat.
Gujarat State Legal Services Authority Gujarat State Legal Services Authority (GSLSA) publishes Lok Adalat disposal statistics, including data relating to pre-litigation and pending cases settled through National Lok Adalats.
India Justice Report
Ranking States on Police, Judiciary, Prisons and Legal Aid:[15] The India Justice Report (IJR) provides comparative data on the functioning and capacity of India's justice system, including aspects of legal aid and dispute resolution. Its datasets can be used to examine the availability and workload of legal-services institutions and the role of Lok Adalats in resolving disputes across states and over time.
Research that engages with Lok Adalat[16]
A Round Table Justice Through Lok-Adalat (People’s Court) - A Vibrant ADR in India:[17]
The article examines the concept and philosophy of Lok Adalat as an alternative dispute resolution mechanism and discusses measures to strengthen it as a means of promoting access to justice, the rule of law and participatory dispute resolution.
ODR: The Future of Dispute Resolution in India (Vidhi):[18]
The paper explores the viability and feasibility of Lok Adalats, particularly in the context of alternative dispute resolution mechanisms and the challenges posed by the COVID-19 pandemic. The report examines the potential of Online Dispute Resolution (ODR) in India, including the role of technology-enabled mechanisms such as E-Lok Adalat. It considers the expansion of digital dispute resolution during the COVID-19 pandemic and identifies opportunities and challenges in using technology to improve access to justice and the efficiency of dispute resolution.
Conflict and Compromise, The Politics of Lok Adalats in Varanasi District:[19]
In this article a third approach has been used which focuses on the political behavior of actors involved in the organization, administration, and staffing of the Lok Adalat in India.
The functioning of Lok Adalats in India—A Critical Analysis:[20]
The article discusses the long term lack of success of Lok Adalats due to inefficiency and illegality of processes as well as a disproportionate emphasis on disposal of cases as opposed to rendering justice. It emphasises that the objective of providing access to justice has turned into an objective to provide access to court, regardless of justice being done.
An Analysis of the functioning of Lok Adalats in the Eastern Region of India: A Comparative Report:[21]
The report presents an in-depth analysis of Lok Adalats in the Eastern Region of India, with a primary focus on the states of Odisha, Jharkhand, West Bengal, and Bihar. Key aspects such as staff, infrastructure, policies, training, and case disposal are scrutinized in the report. The research endeavors to achieve four key objectives: assessing the current state of Lok Adalats in the Eastern Region, evaluating their performance through statistical parameters, identifying obstacles to their efficiency, and proposing strategic reforms to bolster their functionality. Through an exhaustive examination of disposal statistics, infrastructure, policies, and other pertinent factors in West Bengal, Jharkhand, Bihar, and Odisha, the study seeks to uncover best practices and offer recommendations for widespread improvements that can alleviate case backlog and enhance the effectiveness of alternative dispute resolution mechanisms.
International Experiences
Several countries have established systems that are similar to Lok Adalats in India. Lok Adalat is an Alternative Disputes Resolution method. Most of the countries have institutions which aim to provide this with similar purposes. Here are some of the countries that have institutions similar to Lok Adalats:
Bangladesh
Bangladesh has a system called "Salish," which provides a forum for parties to settle their disputes through conciliation or mediation.[22]
Malaysia
Malaysia has a system known as "Pusat Mediasi Malaysia" (Malaysian Mediation Centre)[23]. It serves as a platform for alternative dispute resolution, offering parties an opportunity to settle their disputes in a non-adversarial manner.
Philippines
The Philippines has a system "Katarungang Pambarangay" (Barangay Justice System),[24] which operates at the grassroots level. Its aim is to settle disputes through mediation and conciliation in the local community.
Indonesia
It has a system called "Badan Arbitrase Nasional Indonesia" (Indonesian National Arbitration Board)[25] which provides arbitration services for the resolution of commercial disputes outside of the formal courts.
Sri Lanka
Sri Lanka has the "Gramaraka Niladhari" system, which operates at the village level and focuses on resolving minor civil disputes within the local community.[26]
References
- ↑ https://pib.gov.in/PressReleasePage.aspx?PRID=1882229
- ↑ https://ccsuniversity.ac.in/bridge-library/pdf/BALLB-VIII-SEM-ARBITRATION-CONCILIATIONN-&-ADR-Lecture-on-Lok-Adalat.pdf
- ↑ Section 19, The Legal Services Authorities Act, 1987
- ↑ Provided that no case shall be referred to the Lok Adalat except after giving a reasonable opportunity of being heard to the other party.
- ↑ Section 21, The Legal Services Authorities Act, 1987
- ↑ https://economictimes.indiatimes.com/news/india/more-than-97-64-lakh-cases-settled-in-first-national-lok-adalat-of-2023-nalsa/articleshow/97829554.cms?from=mdr
- ↑ Transport service for the carriage of passengers or goods by air, road or water; or postal, telegraph or telephone services; or supply of power, light, or water to the public by any establishment; or system of public conservancy or sanitation; or service in hospital or dispensary; or insurance service; etc.
- ↑ https://nalsa.gov.in/lok-adalat/permanent-lok-adalat#:~:text=The%20other%20type%20of%20Lok,Legal%20Services%20Authorities%20Act%2C%201987
- ↑ https://www.newindianexpress.com/nation/2022/may/19/permanent-lok-adalats-have-adjudicatory-functions-empowered-to-decide-case-on-merits-sc-2455585.html
- ↑ https://www.livelaw.in/news-updates/rajasthan-high-court-adjudicatory-power-of-lok-adalat-compromise-settlement-between-parties-legal-services-authority-act-223753
- ↑ G.Gnana Suvarna Raju, Chairman, Permanent Lok Adalat for Public Utility Services, Srikakulam, ‘Access to justice through Permanent Lok Adalat for Public Utility Services, An OverView’, available at: https://districts.ecourts.gov.in/sites/default/files/PLAPUS-overview.pdf
- ↑ https://www.mpslsa.gov.in/lok-adalat.php
- ↑ https://nalsa.gov.in/home
- ↑ https://nalsa.gov.in/faqs
- ↑ https://indiajusticereport.org/files/IJR%202022_Full_Report1.pdf
- ↑ It is to be noted that this does not provide an exhaustive list.
- ↑ Jitendra N. Bhatt, Judge, High Court of Gujarat, and Executive Chairman, Gujarat State Legal Services Authority, Ahmedabad, A Round Table Justice Through Lok-Adalat (People’s Court) - A Vibrant ADR in India, (2002) 1 SCC J-10
- ↑ VIDHI Centre for Legal Policy, ODR: The Future of Dispute Resolution in India: https://vidhilegalpolicy.in/wp-content/uploads/2020/07/200727_The-future-of-dispute-resolution-in-India_Final-Version.pdf
- ↑ Moog, Robert S. “Conflict and Compromise: The Politics of Lok Adalats in Varanasi District.” Law & Society Review, vol. 25, no. 3, 1991, pp. 545–69. JSTOR, https://doi.org/10.2307/3053726 .
- ↑ https://nliulawreview.nliu.ac.in/wp-content/uploads/2021/12/Volume-II-Issue-I-86-107.pdf
- ↑ https://cdnbbsr.s3waas.gov.in/s35d6646aad9bcc0be55b2c82f69750387/uploads/2021/11/2021112340.pdf
- ↑ Kamal Siddiqui, 'In Quest of Justice at the Grass Roots', Journal of Asiatic Society of Bangladesh, Vol. 43, No.1, 1998; Fazlul Huq, Towards' a Local Justice System for the Poor, Dhaka, 1998.
- ↑ https://www.malaysianmediationcentre.org/
- ↑ https://www.gsdrc.org/docs/open/ssaj15.pdf
- ↑ https://uk.practicallaw.thomsonreuters.com/4-520-8413?transitionType=Default&contextData=(sc.Default)&firstPage=true
- ↑ https://www.sundaytimes.lk/130714/news/grama-niladhari-grassroots-go-between-state-and-common-man-52904.html