Methods of Alternative Dispute Resolution (ADR) in India: Permanent Lok Adalats, Family Courts and Gram Nyayalayas

Permanent Lok Adalats

Permanent Lok Adalats were established in 2002 by amending the Legal Services Authorities Act, 1987, to deal with disputes relating to public utility services. This was done to ensure faster resolution of such cases and to provide free and accessible legal services to weaker sections of society.

Reasons for Adoption

The establishment of Permanent Lok Adalats was driven by the following reasons:

• To provide free and competent legal services to the weaker sections of society.
• To ensure that justice is not denied to any citizen due to economic or other disabilities.
• To promote a legal system that operates based on equal opportunity.
• To encourage conciliation and resolve disputes outside traditional courts.

Salient Features

Composition

• • Chairman: A serving or retired District Judge, Additional District Judge, or a judicial officer higher in rank than a district judge.
  • Two Members: Persons with adequate experience in public utility services.

Jurisdiction

• • Permanent Lok Adalats have jurisdiction over disputes related to public utility services, such as:
    • Transport services (air, road, water)
    • Postal, telegraph, and telephone services
    • Supply of power, light, and water
    • Public conservancy or sanitation
    • Services in hospitals or dispensaries
    • Insurance services
  • Pecuniary jurisdiction: Up to ₹10 lakh (subject to increase by the Central Government).
  • Does not handle non-compoundable offences.

Conditions for Application

• • Once a party applies to the Permanent Lok Adalat, no party can invoke the jurisdiction of any other court for the same dispute.
  • If parties agree, the Permanent Lok Adalat shall formulate terms for settlement.
  • If no agreement is reached, the Lok Adalat will decide the dispute on merits.

Award

1. • The award of the Permanent Lok Adalat is final and binding on all parties.

Limitations

• Limited Jurisdiction: Only deals with public utility services.
• Mandatory Conciliation: Pre-litigation conciliation can delay resolution in some cases.
• Lack of Awareness: Many people are not aware of Permanent Lok Adalats, leading to their underutilization.

Way Forward

• Awareness and Outreach: Public campaigns to educate people about Lok Adalats and their benefits.
• Specialized Lok Adalats: Establish specialized Lok Adalats for family, commercial, and environmental disputes.
• Training and Capacity Building: Legal professionals, including judges and lawyers, should receive training in Lok Adalat procedures.
• Monitoring and Evaluation: A mechanism should be put in place to evaluate Lok Adalat processes for fairness and efficiency.
• Incentivize Participation: Offer incentives such as reduced filing fees and faster resolution times.
• Public-Private Partnerships: Collaborate with private organizations to enhance the reach and effectiveness of Lok Adalats.

Family Courts

Background

Family Courts were established following recommendations from the Law Commission of India (59th Report, 1974), which emphasized the need for a different approach to resolving family disputes. The Family Courts Act, 1984 was enacted to provide a less formal, efficient, and user-friendly environment for settling family disputes.

Establishment and Purpose

• Conciliation and Reconciliation: Promote settlement and conciliation in family disputes.
• Speedy Disposal: Provide a speedy and efficient resolution mechanism.
• Inexpensive Remedy: Family Courts offer a cost-effective alternative to traditional courts.

Salient Features of the Family Courts Act, 1984

1. Exclusive Jurisdiction: Over matters such as:
   • Matrimonial relief (nullity of marriage, judicial separation, divorce)
   • Restitution of conjugal rights
   • Property disputes between spouses
   • Guardianship and custody of minors
   • Maintenance for wife, children, and parents.
2. Conciliation First: Before commencing a trial, Family Courts first attempt conciliation or settlement between the disputing parties.
3. Informal Proceedings: The proceedings are informal, without strict adherence to rigid procedures and rules of evidence.
4. One Right of Appeal: Only one appeal is permitted, which lies to the High Court.

Appointment of Judges

Judges are appointed by the State Government in consultation with the High Court. Judges may be from the judicial service or those having experience in family law.

Criticisms of Family Courts

• Undefined “Family”: The Act does not define “family,” leading to various legal challenges.
• Limited Scope: Restricted to marriage, maintenance, and divorce cases.
• Counsellor Turnover: Frequent changes in counsellors create difficulties, especially for women, in conveying their grievances.

Recommendations by the National Commission for Women

• Simplify Legislation: Make the legal language and process easier to understand for laypersons.
• Counsellor Stability: Reduce frequent transfers of counsellors.
• Holistic Case Handling: Family disputes should consider all aspects, including women’s rights to residence and maintenance.

Gram Nyayalayas

Gram Nyayalayas (village courts) were established under the Gram Nyayalayas Act, 2008 to provide affordable and speedy justice at the grassroots level. These courts aim to bring the judiciary to the doorstep of rural citizens and reduce the burden on higher courts by handling minor disputes.

Background

• Village Justice: Historically, disputes in Indian villages were settled by local village elders or panchayats. However, with the increasing complexity of legal issues, there was a need for a more formal judicial mechanism at the rural level.
• Law Commission’s 114th Report: The Law Commission of India recommended setting up Gram Nyayalayas to provide humane and accessible justice for marginalized communities.

Salient Features of the Gram Nyayalayas Act, 2008

1. Composition:
   • Nyayadhikari (Presiding Officer): A Judicial Magistrate First Class, appointed by the State Government in consultation with the High Court.
   • Adequate representation is given to Scheduled Castes (SCs), Scheduled Tribes (STs), women, and other communities.
2. Location:
   • Gram Nyayalayas are set up at the headquarters of intermediate panchayats and operate by visiting villages to conduct hearings.
3. Jurisdiction:
   • Gram Nyayalayas have both criminal and civil jurisdiction.
   • Criminal cases are handled using summary procedures, and civil cases follow simplified procedures based on natural justice.
4. Appeals:
   • Appeals in criminal cases lie with the Court of Sessions, and appeals in civil cases go to the District Court. Both appeals must be resolved within six months.
5. Conciliation:
   • Gram Nyayalayas rely heavily on conciliation to settle disputes, with the help of conciliators appointed for this purpose.
6. Awards:
   • The awards are treated as decrees and are enforceable under summary procedures.

Challenges of Gram Nyayalayas

Overlapping Jurisdiction: Many states have already established regular courts at the Taluka level, making Gram Nyayalayas redundant.

• Lack of Attention and Funds: Despite budget allocations, many states have not established Gram Nyayalayas due to lack of interest and poor fund utilization.
• Human Resource Shortage: There is a shortage of judicial officers, notaries, and other necessary personnel.
• Awareness Issues: Stakeholders such as litigants, lawyers, and police officers are not adequately aware of Gram Nyayalayas and their functions.

Way Forward

• Amend the Act: The jurisdiction of Gram Nyayalayas should be redefined to remove any ambiguity.
• Establish at Intermediate Level: Permanent Gram Nyayalayas at the intermediate level would be more accessible to the public.
• Improve Local Awareness: Raise awareness among local officials and the general public about the existence and benefits of Gram Nyayalayas.
• Segregation of Facilities: Provide separate infrastructure for Gram Nyayalayas, ensuring safety and proper working conditions.
• Language Accessibility: Ensure that proceedings are conducted in local languages for better accessibility.
• Qualified Officers: Encourage officers with both legal and social work degrees to better understand the needs of the rural population.

Ignite Your Mind

Legal reform in India has long grappled with providing access to justice for rural litigants. How can Gram Nyayalayas collaborate with traditional dispute resolution mechanisms, and how do they balance local customs with formal justice? Consider examples of successful integration between formal law and customary village practices.

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