Lok Adalat (People’s Court) & ADR (Alternative Dispute Resolution)

Lok Adalat (People’s Court) & ADR (Alternative Dispute Resolution)

Camps of Lok Adalats were started initially in Gujarat in March 1982 and now it has been extended throughout the Country.The advent of Legal Services Authorities Act, 1987 gave a statutory status to Lok Adalats, pursuant to the constitutional mandate in Article 39-A of the Constitution of India. It contains various provisions for settlement of disputes through Lok Adalat.

This Act mandates constitution of legal services authorities to provide free and competent legal services to the weaker sections of the society and to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Permanent Lok Adalats–In 2002, the Parliament amended  Legal Services Authorities Act, 1987 to institutionalize the Lok Adalats by making them a permanent body to settle the disputes related to public utility services. The Central or State Authorities may, by notification, establish Permanent Lok Adalats, for determining issues in connection to Public Utility Services.

Public Services include:

  1. Transport service
  2. Postal, telegraph or telephone services
  3. Supply of power, light and water to public
  4. System of public conservancy or sanitation
  5. Insurance services and such other services as notified by the Central or State Governments

Permanent Lok Adalats have the same powers that are vested in the Lok Adalats.

Jurisdiction of Lok Adalats: 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:

  1. any case pending before; or
  2. any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organized.

The Lok Adalat can compromise and settle even criminal cases, which are compoundable under the relevant laws. Lok Adalats have the competence to deal with a number of cases like:

  1. Compoundable civil, revenue and criminal cases
  2. Motor accident compensation claims cases
  3. Partition Claims
  4. Damages Cases
  5. Matrimonial and family disputes
  6. Mutation of lands case
  7. Land Pattas cases
  8. Bonded Labor cases
  9. Land acquisition disputes
  10. Bank’s unpaid loan cases
  11. Arrears of retirement benefits cases
  12. Family Court cases
  13. Cases, which are not subjudice

Powers of Lok Adalats

  1. The Lok Adalat shall have the powers of a civil court under the Code of Civil Procedure 1908, while trying a suit, in respect of the following matters:
  2. Power to summon and enforce the attendance of any witness and to examine him/her on oath.
  3. Power to enforce the discovery and production of any document.
  4. Power to receive evidence on affidavits,
  5. Power for requisitioning of any public record or document or copy thereof or from any court. Such other matters as may be prescribed
  6.  Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.
  7. All proceedings before a Lok Adalat shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of IPC.
  8. Every Lok Adalat shall be deemed to be a Civil Court for the purpose of Sec 195 and Chapter XXVI of Cr.P.C.

Advantages of Lok Adalats

  1. Speedy Justice
  2. Economical
  3. Unburdening of Courts and thus reducing the backlog of cases
  4. Maintenance of Cordial Relations (since the main thrust is on compromise and not punishment)

Leave a Reply

Your email address will not be published. Required fields are marked *