How to Settle Dispute Through Lok Adalat?

The concept of Lok Adalat, which translates to "People's Court," is a unique and innovative method of dispute resolution in India. Introduced under the Legal Services Authorities Act, 1987, Lok Adalats aim to provide an accessible, cost-effective, and speedy resolution of disputes. This article delves into the functioning of Lok Adalats, their benefits, and the procedures involved in settling disputes through this platform.

Understanding Lok Adalat

Lok Adalat is a forum where disputes are settled amicably with the help of a panel of judges or lawyers. It serves as an alternative to the traditional court system, promoting the idea of mediation and conciliation. The primary aim is to reduce the backlog of cases in courts and provide justice at the grassroots level.

Legal Framework Governing Lok Adalat

The Lok Adalat system is governed by the following legal provisions:

• Legal Services Authorities Act, 1987: This act provides for the establishment of Lok Adalats and outlines their functioning.
• Section 20 of the Act: It specifies that any case pending in any court can be referred to Lok Adalat for settlement.
• Section 21: It states that the award made by the Lok Adalat is deemed to be a decree of a civil court and is enforceable in law.

Types of Disputes Suitable for Lok Adalat

Lok Adalats can handle a wide range of disputes, including but not limited to:

• Civil disputes
• Criminal cases (compoundable offenses)
• Family disputes (divorce, maintenance, child custody)
• Consumer disputes
• Labour disputes
• Property disputes

Benefits of Approaching Lok Adalat

There are several advantages to resolving disputes through Lok Adalat:

• Speedy Resolution: Lok Adalats are designed to resolve disputes quickly, often within a day or two.
• Cost-Effective: There are no court fees, and the process is free of charge, making it accessible to all.
• Informal Setting: The atmosphere is less formal than traditional courts, which encourages open dialogue and negotiation.
• Finality of Decision: The decision made by Lok Adalat is binding and cannot be appealed, providing closure to the parties involved.
• Preservation of Relationships: The conciliatory approach helps in maintaining relationships between disputing parties.

Procedure to Settle Dispute Through Lok Adalat

Step 1: Filing Application

The first step in approaching a Lok Adalat is to file an application. This can be done in the following ways:

• Direct Filing: Parties can directly approach the Lok Adalat with a written application outlining the dispute.
• Referral from Court: A case pending in a court can be referred to Lok Adalat by the court itself, with the consent of both parties.

Step 2: Notice and Preparation

Once the application is received, the Lok Adalat will send notices to both parties to appear before the panel. It is advisable for parties to prepare their case, gather necessary documents, and be ready for discussions.

Step 3: Hearing

During the hearing, the panel will listen to both parties, discuss the issues at hand, and encourage negotiation. The process is informal, and parties can express their viewpoints freely.

Step 4: Reaching an Agreement

If the parties reach a consensus, the Lok Adalat will draft a settlement agreement, which will be signed by both parties and the panel. This agreement is then made an order of the court, giving it legal enforceability.

Step 5: Award by Lok Adalat

If the parties do not reach an agreement, the Lok Adalat may pass an award based on the discussions held during the hearing. This award is binding and cannot be challenged in any court.

Role of Legal Aid Counsel

In Lok Adalat proceedings, parties can seek assistance from legal aid counsel provided by the Legal Services Authority. These counsels help in understanding the legal implications and facilitate negotiations. They ensure that the process is fair and that the interests of both parties are protected.

Eligibility for Legal Aid in Lok Adalat

Eligibility for legal aid in Lok Adalat is determined by the following criteria:

• Individuals belonging to the below-poverty-line (BPL) category.
• Women and children.
• Senior citizens.
• Persons with disabilities.
• Victims of trafficking or other offenses.

Challenges and Limitations

Despite the advantages, there are some challenges associated with Lok Adalats:

• Lack of Awareness: Many individuals are unaware of the Lok Adalat system and its benefits.
• Limited Jurisdiction: Lok Adalats can only handle certain types of disputes, which limits their applicability.
• Pressure to Settle: Parties may feel pressured to settle quickly, which may not always result in a fair resolution.

Conclusion

Lok Adalat serves as an effective mechanism for dispute resolution in India, promoting justice and accessibility. It offers a platform for amicable settlement of disputes, reducing the burden on the judicial system. By understanding the procedures and benefits associated with Lok Adalat, individuals can make informed decisions regarding their legal disputes.

FAQs

1. Is Lok Adalat free of cost?

Yes, Lok Adalat is completely free of cost. There are no court fees involved in the process.

2. Can any dispute be referred to Lok Adalat?

Most civil and compoundable criminal disputes can be referred to Lok Adalat, but certain cases like serious criminal offenses may not be eligible.

3. What if the parties do not reach an agreement in Lok Adalat?

If an agreement is not reached, the Lok Adalat may pass an award based on the discussions held, which is binding on both parties.

4. Can the decision of Lok Adalat be appealed?

No, the decision made by Lok Adalat is final and cannot be appealed in any court.

5. How can I find the nearest Lok Adalat?

You can find the nearest Lok Adalat by visiting the official website of the National Legal Services Authority or the respective State Legal Services Authority.