Lok Adalats: A Key Mechanism for Alternative Dispute Resolution in India

Lok Adalats, or people’s courts, are a form of Alternative Dispute Resolution (ADR) that provides an informal, accessible, and conciliatory setting for settling disputes outside of the formal court system. Lok Adalats aim to offer faster, affordable, and less adversarial resolution of cases. These courts are based on Gandhian principles of peaceful conflict resolution and emphasize settlement through compromise rather than litigation.

The Supreme Court of India has explained Lok Adalats as an ancient form of adjudication that existed in India and continues to be relevant in modern times. Lok Adalats are an integral part of the ADR framework.

Background

The first Lok Adalat was organized in Junagadh, Gujarat, in 1982, where it successfully resolved disputes. With the increasing popularity and success of Lok Adalats in providing speedy justice, there was a growing demand for giving them statutory status. As a result, Lok Adalats were given formal recognition under the Legal Services Authorities Act, 1987.

Need for Lok Adalats

The Indian judicial system faces an enormous backlog of cases and formal court proceedings are often time-consuming, expensive, and involve complex procedures. Lok Adalats offer an alternative mechanism for delivering expeditious and inexpensive justice. Key reasons for the need for Lok Adalats include:

• Overburdened Courts: The backlog of cases in Indian courts necessitates alternative avenues like Lok Adalats for quicker resolution.
• No “Winners” or “Losers”: Lok Adalats focus on mutual compromise, preventing hostility between parties.
• Cost-effective and Efficient: They are a viable, economical, and informal means of resolving disputes quickly.

Types of Lok Adalats

Lok Adalats are organized at various levels, including

• National Level: Organized by the National Legal Services Authority (NALSA).
• State Level: Organized by the State Legal Services Authorities (SLSA).
• District Level: Organized by the District Legal Services Authorities (DLSA).
• Taluka Level: Organized by the Taluka Legal Services Authorities.

Organization and Functions

Composition of Lok Adalats

• • • Chairman: A serving or retired judicial officer acts as the chairman.
    • Members: A lawyer or advocate and a social worker are appointed as members of the panel.

Jurisdiction

• • Lok Adalats handle disputes related to pending cases in courts as well as pre-litigation disputes.
  • Non-compoundable offences are beyond the scope of Lok Adalats.

Types of Cases Dealt

Lok Adalats deal with a wide range of cases, including:

• Matrimonial and Family Disputes
• Criminal Cases (Compoundable Offences)
• Land Acquisition Cases
• Labour Disputes
• Workmen’s Compensation Cases
• Bank Recovery Cases
• Pension Disputes
• Housing Board and Slum Clearance Cases

Process

1. • Lok Adalats aim to reach a compromise or settlement between the disputing parties.
   • A case pending in court can be referred to Lok Adalat if both parties agree, if one party applies, or if the court deems it appropriate.
   • Pre-litigation disputes can be referred to Lok Adalats through an application from either party.

Powers of Lok Adalat

Lok Adalats have the same powers as a civil court under the Code of Civil Procedure, 1908, including:

• Summoning and enforcing attendance of witnesses
• Discovery and production of documents
• Requisitioning public records
• Receiving evidence on affidavits
  • The proceedings of Lok Adalats are deemed to be judicial proceedings under the Indian Penal Code (1860).
  • Lok Adalats are treated as civil courts for the purpose of the Code of Criminal Procedure (1973).

Award of Lok Adalat

Binding and Final: The award of a Lok Adalat is final and binding on all parties and holds the status of a decree of a civil court.

• No Appeal: No appeal lies against the award of a Lok Adalat, further expediting the resolution process.

Benefits of Lok Adalats

According to the Supreme Court, Lok Adalats offer several benefits:

• No Court Fees: No court fees are required, and if already paid, they are refunded if the dispute is settled in Lok Adalat.
• Speedy Justice: Lok Adalats are known for their procedural flexibility and speedy resolution of disputes.
• Direct Interaction: Parties can interact directly with the judge, which aids in the resolution process.
• No Strict Application of Procedural Laws: Lok Adalats do not adhere strictly to procedural laws like the Civil Procedure Code or the Evidence Act.

The Law Commission of India has highlighted the advantages of ADR mechanisms, stating that Lok Adalats are:

• Less expensive and time-saving.
• Free from technicalities: Parties can openly discuss their opinions and differences without the fear of being bound by strict legal formalities.
• Amicable Settlements: Lok Adalats provide a platform where no party feels like a “loser,” ensuring that grievances are redressed amicably.

Concerns with Lok Adalats

Voluntary Participation: Both parties must agree to participate, which may not happen in every dispute.

• Limited Jurisdiction: Lok Adalats can only resolve disputes that fall within their defined jurisdiction, limiting their scope.
• Ineffectiveness in Complex Cases: Lok Adalats may not be effective for complex or heavily contested disputes.
• Weaker Parties: In many cases, weaker parties are forced into compromises with stronger entities such as government departments, banks, or large corporations.
• Imposed Compromises: Compromises in Lok Adalats are sometimes imposed on vulnerable parties, like the poor, who may have little choice but to accept them.
• Speedy Justice Compromise: The idea of compromise may undermine the principle of justice when weaker parties feel pressured to settle.

In the State of Punjab vs Jalour Singh (2008) case, the Supreme Court held that Lok Adalats are purely conciliatory and do not perform adjudicatory or judicial functions.

Way Forward

Coordinated Efforts: There is a need for coordination between the judiciary, lawyers, government, and litigants to create a more conducive ecosystem for ADR mechanisms.

• Expanding the Scope: Lok Adalats should be extended to handle a wider range of disputes, including non-commercial cases.
• Attitudinal Change: Building public trust in ADR mechanisms requires encouraging people to opt for Lok Adalats.
• Promoting ADR as a Career: Developing a trained workforce of arbitrators, mediators, and ADR specialists will ensure the quality and credibility of Lok Adalats.
• Reducing Judicial Pendency: As the government is involved in around 46% of pending cases, greater use of Lok Adalats and ADR can reduce the burden on courts.
• Technological Integration: Incorporating tools like e-Lok Adalats and expanding the scope of pre-litigation mediation will build confidence in ADR and streamline dispute resolution.

Other Measures

Infrastructure for ADR: Building the necessary infrastructure to support Lok Adalats, including skilling lawyers and providing the required manpower.

• Arbitration Council of India: Establishing this body to oversee the quality and ethical standards of arbitrators, and ensure transparency in the process.
• Legislative Improvements: Enacting amendments such as the Arbitration and Conciliation (Amendment) Bill, 2018 to fill gaps in the legal framework.

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