A
recent update states that a 3rd Lok Adalat was organised by NALSA in
the year 2021 under the leadership of Hon’ble Justice Mr. U.U.Lalit. this was a
National Lok Adalat organised in a hybrid mode. However, the aim of this piece
is to understand Lok Adalats and the purpose they serve.
Approaching
the Court of Law is the most accepted way of dispute resolution. However, when
the settlement is sought to be done outside the Courts, it is known as
Alternative Dispute Resolution. Alternative Dispute Resolution methods consist
of Negotiation, Arbitration and Conciliation, Mediation, Restorative Justice
and Lok Adalats as well. The benefit of an alternative dispute resolution
method is that it provides speedy relief, is less expensive and is confidential.
Article 39-A of the Indian Constitution which is a part of Directive Principles
of State Policy, talks about Alternative Dispute Resolution and free legal aid.
Compliant to the same, Section 89 of the Code of Civil Procedure also makes
provision for Alternative Dispute Resolution as a method of redressal.
Subsequently, the Arbitration and Conciliation Act, 1996 and the Legal Services
Authority Act, 1987 also dealt with alternative dispute redressal methods.
Lok
Adalat is one such method of dispute redressal. Certain cases are referred to
the Lok Adalats when they are pending before the Courts or if any case has not
been brought before a Court of Law. Lok Adalats are chaired by either a retired
judicial officer or respected members of the legal profession. In case of a Lok
Adalat, court fees are not applicable. If there is any case which was initially
filed before a regular court and has subsequently been taken to the Lok Adalat,
the court fees paid at the initial stage before the regular court gets refunded
to the party if the Lok Adalat gives the final resolution. Any resolution given
by a Lok Adalat holds the same value as of a decree passed by a Civil Court
although the decision made by the Lok Adalat is based upon a settlement between
the parties and not solely on the judge’s own instance.
Lok
Adalats are organised by the Legal Services Authority at every level. The
recent update which we referred to at the beginning, revolved around National
Lok Adalats. National Level Lok Adalats are held for at regular intervals where
on a single day Lok Adalats are held throughout the country, in all the courts
right from the Supreme Court till the Taluk Levels wherein cases are disposed
off in huge numbers. On this National Lok Adalat
held on 11th September, 2021, 40,69,171 cases were taken up out of
which 23,47,069 were pre-litigation cases, 17,22,102 were pending cases and over
17,13,024 cases were disposed of in a single day, indicating a huge achievement
and success for the Legal Services Authorities. the problem of pendency of
cases which arose due to the pandemic, is now gradually getting resolved
through the organising of Lok Adalats. The organising of Lok Adalats has become
extremely essential in order to tackle with the huge pendency of cases.