Lok Adalats in India
Article 39A.: Equal justice and free legal aid.—The State shall secure that the
operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities.
Part IV
Directive Principles of State Policy
Constitution of India
Introduction
Lok Adalat , meaning People's court was established by the
government settles dispute through conciliation and compromise.The objective of
Lok Adalats was to reduce burden on the courts with cases pending. Though
initial Lok Adalat camps were started in Gujarat by 1982, the first Lok Adalat
was held in Chennai in 1986. Lok Adalat accepts the cases which could be
settled by conciliation and compromise, and pending in the regular courts
within their jurisdiction.
Inorder to reduce heavy demands in the courts ,as an "alternative dispute
resolution" method , the Lok Adalats serve as a pre-trial forum.Except matters
relating to offences, which are not compoundable, a Lok Adalat has jurisdiction
to deal with all matters. The cases that are pending in the court of law in a
pre-trial stage can be reffered to Lok Adalats. Court Fees are not charged in
Lok Adalats.The fees if any paid in regular courts are refunded after
settlement in Lok Adalats.
Statuory recognition
Lok Adalats were organised under Legal Services Authorities Act,1987. The Act
gives statutory recognition to the resolution of disputes by compromise and
settlement by the Lok Adalats. The concept has been gathered from system of
Panchayats, which has roots in the history, and culture of this Country.
Constitution of Lok Adalats
The Chairman of Lok Adalats is a sitting or a retired Judicial officer. There
are two other members usually a lawyer and a social worker.
Highlights of the Act.
Some of the important provisions in the Act are enumerated below
Section 19
1 Central, State, District and Taluka legal Services Authority has been created
who are responsible for organizing Lok Adalats at such intervals and place.
2 Conciliators for Lok Adalat comprise the following: -
A A sitting or retired judicial officer.
B other persons of repute as may be prescribed by the State Government in
consultation with the Chief Justice of High Court.
Section 20: Reference of Cases
Cases can be referred for consideration of Lok Adalat as under:
1 By consent of both the parties to the disputes.
2 One of the parties makes an application for refrence.
3 Where the Court is satisfied that the matter is an appropriate one to be
taken cognizance of by the Lok Adalat.
4 Compromise settlement shall be guided by the principles of justice, equity,
fairplay and other legal principles.
5 Where no compromise has been arrived at through conciliation, the matter
shall be returned to the concerned court for disposal in accordance with Law.
Section 21
After the agreement is arrived by the consent of the parties, award is passed
by the conciliators. The matter need not be reffered to the concerned Court for
consent decree.
The Act provisions envisages as under:
1 Every award of Lok Adalat shall be deemed as decree of Civil Court.
2 Every award made by the Lok Adalat shall be final and binding on all the
parties to the dispute.
3 No appeal shall lie from the award of the Lok Adalat.
Section 22
Every proceedings of the Lok Adalat shall be deemed to be judicial proceedings
for the purpose of
1 Summoning of Witnesses.
2 Discovery of documents.
3 Reception of evidences.
4 Requistioning of Public record.
Criminal 'Cases like causing hurt, wrongfully restraining a person, assault,
criminal intimidation, voluntarily causing hurt by dangerous weapons and
cheating are some offences that can be settled in the Lok Adalat
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