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Lok Adalat for speedy justice
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Though the Lak Adalat lends itself to easy settlement of money claims there is scope for settlement of other disputes as well. Partition suits, damages and matrimonial cases can be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases.
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IN RECENT times the concept of Lok Adalat has gained popularity. Prison Lok Adalat, Provident Fund Lok Adalat, Labour Law Adalat, etc., are organised to settle disputes, and naturally many may be curious to know what is Lok Adalat. Lok Adalat means people's court, in contrast to the regular law courts established by the government. Despite the fact that the judicial system in India is well organised with high level of integrity, the law courts are confronted with four main problems: (1) the number of courts and judges in all grades are alarmingly inadequate; (2) increase in flow of cases in recent years due to multifarious Acts enacted by the Central and State Governments; (3) the high Cost involved in prosecuting or defending a case in a court of law, due to heavy court fee, lawyer's fee and incidental charges and (4) delay in disposal of cases resulting in huge pendency in all the courts.
The poor find it difficult to prosecute or defend a case due to high costs involved. Eminent judges of the Supreme Court and High Courts have many a time emphasised the need for free legal aid to the poor. The Central Government, taking note of the need for legal aid for the poor and the needy, had introduced Article 39 (A) in the Constitution in February 1977. Thus in the Directive Principles of the State Policy, it is now enshrined that the Central and State Governments should ensure that the operation of the legal system promote justice on the basis of equal opportunity and shall in particular provide free legal aid for the poor and ensure that justice is not denied to them for economic reasons or other disabilities.
Tamil Nadu scheme
Tamil Nadu implemented the free legal aid scheme in 1977. A board patronised by the government was constituted and a society called the Tamil Nadu Free Legal Aid and Advice Committee was formed and registered under the Societies Registration Act. The apex body is located at Chennai.
District and taluk committees were formed with a panel of lawyers. The scope and objectives of the free legal aid committee are (a) granting free legal aid to the needy litigants through a panel lawyer to represent them in the case, (b) conciliation and settlement of disputes at prelitigation stage and (c) to educate the people on their legal rights by holding legal aid camps at village level. For conciliation and settlement a duty counsel is appointed from out of the panel who will be available in the legal aid office on all working days. A person who has a dispute to be settled can approach the legal aid office and the duty counsel shall examine his case, send notice to the other party and if he is also willing to appear before the free legal aid committee, the duty counsel shall hear both sides and apprise them of the legal position in the dispute and help them reach an amicable settlement, and if no settlement could be reached, parties could seek the remedy through a court of law, for which also the committee will extend free legal aid. The scheme worked successfully in Tamil Nadu in all the district and taluk centres. The success of the scheme in Tamil Nadu encouraged other States to follow suit. Now the scheme is available throughout India.
Impelled by the impressive response from the public and sincere support extended by the lawyers and the judges, the legal aid committee had decided to take the legal aid to the doorstep of the litigants and establish mediation centres in selected villages. The mediation centres exclusively for women were also established. In Tamil Nadu alone there are at present 77 mediation centres apart from 45 centres for women in selected villages. As many as 17,638 cases have so far been settled at these centres of which 7,382 cases relate to matrimonial issues. Instead of the settlement of the disputes in the prelitigation stage, had they been taken to regular courts it would have caused delay, heavy costs, besides bitterness between the warring parties.
Spurred by the successful implementation of the free legal aid scheme, the Tamil Nadu Board had taken steps to organise Lok Adalat. The First Lok Adalat was held in Chennai in 1986. Sensing the eagerness of the litigants to settle disputes amicably and speedily, Lok Adalats were also organised by the taluk and district committees. They suggested that Lok Adalat shall take over the cases pending in the regular courts within their jurisdiction which are fit for settlement by conciliation and compromise. The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker. It is revealed by experience that in Lok Adalats it is easier to settle money claims since in most such cases the quantum alone may be in dispute. Thus the motor accident compensation claim cases are brought before the Lok Adalat and a number of cases were disposed of in each Lok Adalat. It is reported that in 4,871 Lok Adalats held so far at various places in Tamil Nadu, a total number of 91,178 cases were disposed of and the amount of compensation paid was more than Rs. 42 crores.
Likewise more than 7,214 cases of land acquisition matters where the quantum of compensation alone was in dispute have been settled. If these cases were to be dealt with in regular courts or tribunal it would have taken years to decide them. It is for these reasons Lok Adalat had gained importance in the legal system. One important condition is that both parties in dispute should agree for settlement through Lok Adalat and abide by its decision. In the beginning the order of Lok Adalat had no legal sanction and cannot be put in execution through a court of law. Therefore the terms of settlement arrived at a Lok Adalat were sent to the court in which the case was pending and the judge of that court used to dispose of the cases on terms settled in the Lok Adalat. Further, the disputes could not be brought before the Lok Adalat straightaway. The position has since been changed and Lok Adalat, as in the case of civil courts, has acquired legal status.
The credit for this change goes to the Bhagawati Committee based on whose report the Government of India enacted the Legal Services Authorities Act 1987. It came into force in 1995 which gave Lok Adalat legal status and its decision is made final and binding on the parties. However, the disputes can be taken before the Lok Adalat only if both parties agree to submit to the jurisdiction of the Lok Adalat.
Benefits many
The benefits that litigants derive through the Lok Adalat are many. First, there is no court fee and even if the case is already filed in the regular court, the fee paid will be refunded if the dispute is settled at the Lok Adalat. Secondly there is no strict application of the procedural laws and the Evidence Act while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though represented by their advocate can interact with the Lok Adalat judge directly and explain their stand in the dispute and the reasons therefor, which is not possible in a regular court of law. Thirdly, disputes can be brought before the Lok Adalat directly instead of going to a regular court first and then to the Lok Adalat. The most vital benefit under the said Act is that the decision of the Lok Adalat is binding on the parties to the dispute and its order is capable of execution through legal process. No appeal lies against the order of the Lok Adalat whereas in the regular law courts there is always a scope to appeal to the higher forum on the decision of the trial court, which causes delay in the settlement of the dispute finally. The reason being that in a regular court decision is that of the court but in Lok Adalat it is mutual settlement and hence no case for appeal will arise. In every respect the scheme of Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.
Though the Lak Adalat lends itself to easy settlement of money claims there is scope for settlement of other disputes as well. Partition suits, damages and matrimonial cases can be easily settled before Lok Adalat as the scope for compromise through an approach of give and take is high in these cases. The nationalised banks and other financial institutions are the biggest litigants in all the civil courts throughout the country. The overdues from the bank borrowers exceed Rs. 60,000 crores, of which a substantial number of cases relate to small borrowers. However, for the reasons best known to them the banks do not utilise the Lok Adalat scheme liberally. Likewise the state-owned transport corporation should take earnest steps to settle the motor accident cases through the Lok Adalat. But it is learnt that the transport corporations are not willing to settle the cases before the Lok Adalat, since it involves payment of money immediately.
Disposal of a case through a regular court of law not only involves higher expenditure but also delay. Generally the litigants are anxious to settle the disputes as early as possible. If the parties to a dispute are apprised of the legal position they may agree to settle it amicably.
S. ARUNAJATESAN AND S. SUBRAMANIAN
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