Lok Adalat, also known as “People’s Court,” is an alternative dispute resolution mechanism in India. It is a forum where disputes and pending cases, both civil and criminal, are resolved outside the regular court system through conciliation and mediation. Lok Adalats aim to provide a quick, cost-effective, and amicable resolution to disputes, promoting access to justice for all. Here are detailed notes on Lok Adalat:
1. Establishment:
- Lok Adalats were established under the Legal Services Authorities Act, 1987.
- They operate under the National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSA) at the national and state levels, respectively.
2. Composition:
- A Lok Adalat is usually presided over by a retired judge, judicial officer, or a panel of legal professionals acting as conciliators and mediators.
- It may also include social workers, prominent citizens, or representatives of legal services authorities.
3. Types of Lok Adalats:
- Permanent Lok Adalats: These are established for the resolution of specific types of cases, primarily involving public utility services and pending pre-litigation disputes.
- National Lok Adalats: Organized by NALSA, these are held across the country simultaneously on specific days to dispose of a large number of pending cases.
4. Jurisdiction:
- Lok Adalats have jurisdiction over both civil and criminal cases.
- In civil matters, cases related to motor accident claims, family disputes, property disputes, landlord-tenant disputes, and commercial disputes can be referred to Lok Adalats.
- In criminal cases, offenses where the punishment is a fine or a short-term imprisonment can be referred.
5. Voluntary Participation:
- Participation in Lok Adalats is voluntary, and both parties must agree to submit their dispute for resolution in the Lok Adalat.
- No court fee is charged for filing a case in a Lok Adalat.
6. Conciliation and Mediation:
- Lok Adalats adopt conciliation and mediation methods to encourage parties to arrive at a mutually acceptable settlement.
- The conciliators and mediators play a neutral role and assist the parties in reaching an agreement.
7. Binding Nature:
- The decisions and settlements reached in Lok Adalats are legally binding on the parties.
- No appeal can be filed against the decision of the Lok Adalat.
8. Amicable Settlements:
- The main objective of Lok Adalats is to promote amicable settlements and reduce the burden on regular courts.
- Settlements reached in Lok Adalats are considered final and enforceable.
9. Award and Execution:
- If the parties reach a settlement in the Lok Adalat, an award is drawn up, and it is binding on both parties.
- If either party fails to comply with the award, the affected party can seek execution of the award through regular courts.
10. Public Awareness and Outreach:
- Lok Adalats conduct awareness programs to educate the public about their rights and the benefits of dispute resolution through Lok Adalats.
11. Speedy Disposal:
- Lok Adalats are known for their speedy disposal of cases, often resolving disputes on the same day.
In conclusion, Lok Adalats serve as an important mechanism for the expeditious and amicable resolution of disputes in India. They play a crucial role in providing access to justice to all, reducing the burden on the regular court system, and promoting alternative methods of dispute resolution. Through their unique approach of conciliation and mediation, Lok Adalats have become an integral part of the Indian legal system, facilitating fair and cost-effective resolutions for a wide range of disputes.