The third National Lok Adalat for the year 2024 was recently organized by the National Legal Services Authority (NALSA) in the Taluks, Districts and High Courts of 27 States / UTs.
It was organized under the leadership of Justice Sanjiv Khanna, Judge, Supreme Court of India and Executive Chairman, NALSA.
Salient features of 3rd National Lok Adalat, 2024:
Number of cases solved:
More than 1.14 crore cases were disposed of during the 3rd National Lok Adalat, 2024. This is a major step towards reducing the increasing pendency of cases in the courts.
Details of cases dealt with:
Out of 1,14,56, 529 cases disposed of in Lok Adalats, 94,60,864 were pre-litigation cases and 19,95,665 cases were pending in various courts.
Types of cases dealt with:
These cases include compoundable criminal offences, traffic challans, revenue, bank recoveries, motor accidents, dishonour of cheques, labour disputes, matrimonial disputes (except divorce cases), land acquisition, intellectual property rights and other civil matters.
Financial value of the settlement:
The estimated value of the total settlement amount in these cases was Rs 8, 482.08 crore.
Positive Public Feedback:
The event witnessed huge participation of the people, which shows the strong faith of the people in Lok Adalats. This is in line with the objectives set out in the Legal Services Authorities Act, 1987 and the National Legal Services Authorities (Lok Adalats) Regulations, 2009.
Lok Adalat:
The Adalat is an alternative forum for settlement of pending or pre-litigation disputes through settlement or amicable settlement.
The Supreme Court has emphasized that Lok Adalat is an ancient Indian system of adjudication which is still relevant today and is based on Gandhian principles.
It is a part of the Alternative Dispute Resolution (ADR) system, which aims to provide relief to Indian courts in the context of a pending case.
Objective:
It aims to provide speedy justice without the lengthy and expensive procedures that take place in regular courts.
In Lok Adalat, no one loses or wins, a harmonious approach is adopted for dispute resolution.
The historical development:
The first Lok Adalat camp in independent India was held in Gujarat in 1982, after the success of which it was expanded to the entire country.
The legal framework:
Initially functioning as a voluntary body without legal authority, Lok Adalats were accorded statutory status by the Legal Services Authorities Act, 1987.
The Act gave the institution powers to have the same effect as a court order.
Organizing Agencies:
Lok Adalats may be held by NALSA, State Legal Services Authority, District Legal Services Authority, Supreme Court Legal Services Committee, High
Court Legal Services Committee or Taluk Legal Services Committee at such time and place as deemed necessary.
Structure:
A Lok Adalat usually consists of a judicial officer (chairman), a lawyer and a social worker.
Jurisdiction:
The Lok Adalat has jurisdiction over disputes including pending cases and pre-trial matters falling within the jurisdiction of the Court.
It deals with various cases such as matrimonial disputes, compoundable criminal offences, labour disputes, bank recoveries, housing and consumer complaints.
The Lok Adalat does not have jurisdiction over non-compromising offences, such as serious criminal cases, as these cannot be settled through compromise.
Submission of cases to Lok Adalat:
Cases can be referred to the Lok Adalat, if the parties agree for dispute settlement in the Lok Adalat.
An application is made by one of the parties to the court for transfer of the case to the Lok Adalat.
The matter is cognizable by the Lok Adalat.
Pre-trial transfer:
Pre-litigation disputes can be transferred on receipt of an application from either party to ensure that the disputes are settled before they reach the court.
The Powers:
The Lok Adalat shall have the powers vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters.
To call and ensure the presence of any witnesses.
Search and review of any document.
Obtaining evidence on affidavit.
Demanding public records or documents from courts or offices.
Proceedings of the Public Court:
Self-Determined Process:
Lok Adalat can specify its own procedure for settlement of disputes, making the process simpler and informal as compared to formal courts.
Judicial Proceedings:
Proceedings of all Lok Adalats are deemed to be judicial proceedings under the Indian Penal Code, 1860 (Indian Penal Code, 2023) and have the status of civil court under the Code of Criminal Procedure, 1973 (Indian Civil Defence Code, 2023).
The obligation of the decision:
Judgment of the Civil Court:
The decisions rendered by the Lok Adalat enjoy the same status as that of a Civil Court, are final and binding on all parties.
Not appealable:
Decisions cannot be appealed to any court; therefore disputes can be settled expeditiously without the need for lengthy appeal procedures in Lok Adalats.
What are the advantages of the Lok Adalat:
Court Fee:
Lok Adalat does not charge any court fee, rather the fee paid is refunded if the dispute is settled in Lok Adalat.
To simplify the process:
The procedures are simple and are not subject to the provisions of the technical rules of evidence or civil procedure which enable speedy disposal of disputes.
Direct communication:
The parties to the dispute can communicate directly with the judge through their lawyer, which is not possible in the courts.
Final and binding decisions:
The decision rendered by the Lok Adalat is binding on the parties, enjoys the status of a civil court and is not appealable, thereby not delaying the final disposal of disputes.
The following time period:
Lok Adalat provides quick resolution, which avoids formal lengthy court proceedings.
Consensus decision:
Lok Adalat promotes a spirit of cooperation where neither party feels that it has given up and the relationship between the disputing parties is often restored.
Challenges before the Court:
Voluntary nature of participation:
While the purpose of Lok Adalats is to resolve disputes amicably, both parties must agree to participate voluntarily. If either party is unwilling, the case cannot be pursued.
Judicial caution on expeditious proceedings:
The higher judiciary has emphasised that the proceedings of the Lok Adalat should not compromise the rights and fair representation of any party.
Limited scope:
The jurisdiction of Lok Adalats is limited to civil and compoundable criminal matters, limiting their ability to address a wide range of legal issues.
The lack of appeal:
The decision of the Lok Adalat is final and cannot be appealed. This can discourage litigants, especially if they are dissatisfied with the outcome, from taking such action.
The unwillingness of the parties:
People sometimes stick to formal court procedures, because they fear that an out-of-court settlement will not fully serve their interests.
Solution:
Strengthening the fundamentals of ADR:
Lok Adalats should reaffirm their role as conciliation and settlement forums rather than evolving as quasi-judicial bodies.
To ensure this, it is necessary to provide proper training to judges and personnel so that they give priority to amicable dispute resolution over formal adjudication.
Access to the weaker sections:
A proactive outreach strategy can involve legal services authorities visiting rural and remote areas to provide pre-litigation counselling and guidance to citizens on how Lok Adalats can help resolve their disputes.
Resolving concerns about intensity vs fairness:
Lok Adalats can adopt a tiered system where disputes requiring in-depth hearing are allocated more time to prevent the risk of hasty decisions that may lead to unjust consequences.
Extension of jurisdiction of Permanent Lok Adalats:
The jurisdiction of Permanent Lok Adalats (currently limited to public utility services) can be expanded to cover more categories of cases such as small civil cases, consumer cases and family matters, which will help in reducing pendency and improving access to justice.
