2. Introduction
• Objective - The Lok Adalat system serves as a swift and
accessible alternative for dispute resolution, aiming to
alleviate the burden on formal courts by offering a platform
where disputes are settled amicably and promptly.
• Legal Framework - Established under the Legal Services
Authorities Act of 1987, Lok Adalats operate within a defined
legal framework that empowers them to adjudicate and settle
disputes through mediation and conciliation.
• Adjudication Process - Unlike conventional courts, Lok
Adalats prioritize mediation, negotiation, and conciliation over
a formal trial. Parties are encouraged to discuss and reach a
mutual agreement under the guidance of the panel.
• Case Types - The jurisdiction of Lok Adalats extends to various
disputes, including civil, criminal, family, property, and motor
accident cases, promoting an inclusive approach to conflict
resolution.
• Legally Binding - Once an agreement is reached and signed
by the parties involved, the settlement holds the same legal
validity as a decree passed by a civil court, ensuring its
enforceability.
3. Legal Services
Authorities Act of 1987
01
The Legal Services Authorities Act was enacted by the Indian
Parliament in 1987, aiming to provide free legal aid and ensure
justice for all. The Act established Legal Services Authorities at
national, state, district, and taluk levels to offer free legal
services to marginalized and underprivileged sections of
society.
02
It encompasses legal aid, advice, representation, and support
in various legal matters, ensuring access to justice irrespective
of financial status. These bodies consist of legal professionals,
social activists, and other members appointed to oversee the
delivery of legal aid services and ensure their effective
implementation.
03
The Act significantly emphasizes the establishment and
functioning of Lok Adalats, promoting alternative dispute
resolution methods as an integral part of the legal system.
4. Aim & Methods
01
The primary objective is to provide speedy and cost-effective
justice while relieving the burden on conventional courts by
resolving disputes through mediation and conciliation. Lok
Adalats operates by fostering an environment conducive to
mutual settlement, encouraging dialogue and negotiation
among conflicting parties.
02
These forums promote an informal setting, allowing disputing
parties to express their concerns openly and work towards a
mutually agreeable resolution. A panel comprising legal
experts, retired judges, or social activists acts as neutral
facilitators, guiding discussions and aiding in the resolution
process without imposing decisions.
03
Decisions in Lok Adalats are consensual, where parties actively
participate in shaping the outcome rather than relying on a
judgment imposed by a presiding officer.
04
Upon reaching an agreement, the outcome holds legal validity
akin to a court decree, ensuring enforceability and compliance
by both parties.
5. Pros & Cons
Pros
Speedy Resolution:
Lok Adalats offer a quicker resolution compared to traditional courts, reducing the
backlog of cases and providing timely justice.
Cost-Effective:
These forums are cost-effective for litigants as they minimize legal expenses, making
justice more accessible, especially for marginalized communities.
Informal and Accessible:
Lok Adalats provide an informal setting, promoting open dialogue and making the
legal process less intimidating and more accessible to common citizens.
Cons
Limited Jurisdiction:
Lok Adalats cannot address all types of disputes, limiting their jurisdiction to specific
civil and criminal matters and excluding certain complex cases.
Binding Nature of Settlements:
While settlements are legally binding, there might be instances where one party feels
compelled to agree, potentially leading to dissatisfaction or coercion.
Dependency on Willingness to Compromise:
The success of Lok Adalats heavily relies on the willingness of disputing parties to
compromise, and in cases of staunch opposition, the process might stall.
6. Case Study
National Lok Adalat held on 11.02.2017
Ms. Nisha Saxena (Ld. ADJ, East Delhi), presiding Lok Adalat Judge.
Case Details:
• Case Title: Kalpana Devi vs. Tara Singh
• Case Numbers:
⚬ CC No. 1127/14 filed on 07.03.2011 by petitioner (wife) for maintenance from
the respondent (husband)
⚬ HMA No. 1059/15 U/s 9 of HMA filed on 07.11.2015, also referred for Lok
Adalat along with CC No. 1127/14
Dispute Summary:
Kalpana Devi vs. Tara Singh involved a case filed by the wife (petitioner) seeking
maintenance from her husband (respondent) filed on 07.03.2011. Additionally,
another case, HMA No. 1059/15 U/s 9 of HMA, was filed on 07.11.2015, which was
also referred for Lok Adalat along with the initial case. The dispute revolved around
maintenance and marital issues, leading to legal proceedings for several years.
Resolution Summary:
Under the guidance of Ms. Nisha Saxena (Ld. ADJ, East Delhi) as the Lok Adalat Judge,
the parties underwent counseling and negotiations. Eventually, they agreed to settle
the matter amicably by pursuing a divorce through mutual consent. Furthermore,
both parties agreed to quash FIR No. 109/2011 PS: Kalyanpuri U/s 498A/406/34 IPC.
As a result, they promptly filed the first motion of divorce, leading to the issuance of
an order on 21.02.2017, thus concluding the six-year-old legal dispute.
Source: Delhi State Legal Services Authority