Lok Adalat, or ‘People’s Court,’ is a critical part of India’s justice system, providing an alternative dispute resolution (ADR) method that delivers swift, inexpensive, and informal justice. Founded upon Gandhian principles, Lok Adalats rose from the ancient adjudicating system of India and have retained their relevance in contemporary society. Despite their humble beginnings as voluntary agencies without statutory support for their decisions, they have evolved significantly over time, gaining statutory status under the Legal Services Authorities Act, 1987.
The Emergence of Lok Adalats in Jails
Recently, the Chhattisgarh government launched Lok Adalats in jails to facilitate prompt case disposal for prisoners. These courts convene every working Saturday to provide relief for undertrial prisoners and, in specific situations, convicted prisoners. They educate inmates about their rights and legal alternatives, such as plea bargaining and settlement.
Lok Adalats: Its Structure and Organization
The composition and frequency of Lok Adalats are established by State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services Committee, depending on their jurisdiction and suitability. Typically, they comprise a judicial officer as chairman, flanked by a lawyer and a social worker as members. The National Legal Services Authority (NALSA), formed under the Legal Services Authorities Act, 1987, collaborates with other Legal Services Institutions to conduct Lok Adalats. The act was later modified in 2002 to launch Permanent Lok Adalats, specifically for public utility service-related cases.
Jurisdiction of Lok Adalats
Provided both parties consent, any case pending before a court, or any matter within the jurisdiction of a court but not brought before it, can be referred to a Lok Adalat for resolution. In pre-litigation disputes, the matter can reach Lok Adalats through an application from one of the disputed parties. They handle matters such as matrimonial/family disputes, land acquisition cases, labor disputes, and bank recovery cases. However, they cannot deal with offenses that are not compoundable under any law.
Powers Associated with Lok Adalats
Lok Adalats possess the same powers as a Civil Court under the Code of Civil Procedure (1908). They dictate their procedures for settling disputes before them. All proceedings under them are considered judicial proceedings under the Indian Penal Code’s meaning (1860), making every Lok Adalat a Civil Court as per the Code of Criminal Procedure (1973). Their awards equate to a decree of a Civil Court and carry finality, with no scope for appeal against them.
Benefits of Lok Adalats
Lok Adalats offer myriad advantages such as absence of court fee, quick trials, and procedural flexibility. They lack strict application of procedural laws while assessing the claim. Both disputing parties can engage directly with the judge through their counsel, a process unavailable in regular courts. The award offered by Lok Adalats is binding on all concerned parties, holds the status of a civil court’s decree, and is non-appealable, ensuring no delay in dispute settlement.
