LOK-ADALAT
About Lok Adalat:
- The term ‘Lok-Adalat’ or ‘People’s Court’ is based on Gandhian Principles.
- In other words it is a court for the people or rather for the benefit of people.
- It is one of the components of the ADR system. Lok Adalat is another alternative to Judicial Justice.
Alternative Dispute Resolution (ADR) Mechanisms
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- National Legal Services Authority (NALSA) along with other Legal Services Institutions conducts Lok Adalats.
- The State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services Committee may organise Lok Adalats at such intervals and places and for exercising such jurisdiction and for such areas as it thinks fit.
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Need of Lok Adalat:
- Civil litigation in India is well known for pending cases flooded by adjournments, revision, appeals, cross-appeals etc. Due to this, litigants have to wait for a long time to seek justice from the Courts.
- Thus, traditional Courts in India have become infamous for delays and its rigid procedural rules and expensiveness of litigation processes.
- The Lok Adalat was conceptualized due to the drawbacks of the Indian legal system to provide efficient, effective, and low cost justice.
- The evolution of this concept was a part of the plan to relieve the heavy burden on the Courts.
Key Objectives:
- To resolve the problem of delay in court proceedings.
- To minimize the expenses in court of law.
- To establish equity.
- To fair and cheap procedural justice.
- Justice for no cost.
- Speedy justice- to overcome the problem of pendency of cases.
Jurisdiction:
- A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of:
- Any case pending before any court, or
- Any matter which is falling within the jurisdiction of any court and is not brought before such court.
- Any case pending before the court can be referred to the Lok Adalat for settlement if:
- Parties agree to settle the dispute in the Lok Adalat or one of the parties applies for referral of the case to the Lok Adalat or court is satisfied that the matter can be solved by a Lok Adalat.
- In the case of a pre-litigation dispute, the matter can be referred to the Lok Adalat on receipt of an application from any one of the parties to the dispute.
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- Matters such as matrimonial/family disputes, criminal (compoundable offences) cases, land acquisition cases, labour disputes, workmen’s compensation cases, bank recovery cases, etc. are being taken up in Lok Adalats.
- However, the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law.
- Compoundable offences are those that can be compromised, i.e. the complainant can agree to take back the charges levied against the accused, whereas, non – compoundable offences are the more serious offences in which the parties cannot compromise.
Advantages :
- The Lok Adalat is not bound by rigid procedural aspects of Criminal Procedure Code.
- There is no need to deposit court fees in Lok-Adalat proceedings. On the other hand the court always charges heavy fees as per the litigation and nature of case.
- If the parties already deposited the fees, the fees will be refunded after referring the dispute to Lok-Adalat.
- The parties are free to appear before Lok-Adalat personally or through their respective advocates.
- Disputes can be directly referred to Lok-Adalat instead of going to regular courts. The courts have power to give direction about the same to the parties.
- The court has power to refer the cases to Lok-Adalat in order to avoid the delay in the case.
- The decision of Lok-Adalat is binding on both parties.
- Due to the mutual settlement between the parties no appeal lies against the decision of Lok-Adalat.
- Lok-Adalat provides fast and inexpensive remedy with legal status.
Why in News?
A daily wager in Odisha’s Kandhamal district has moved to Lok Adalat against the Prime Minister after he allegedly failed to get an Aadhaar card registered in his name despite 21 attempts.
References:
- https://www.thehindu.com/news/national/other-states/odisha-man-sues-modi-after-failing-to-get-aadhaar-card-despite-21-attempts/article32683655.ece
- https://nalsa.gov.in/lok-adalat
- https://nalsa.gov.in/about-us/introduction
- http://www.legalserviceindia.com/legal/article-1678-alternative-dispute-resolution-adr-.html
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