Date:10/11/2002 URL: http://www.thehindu.com/2002/11/10/stories/2002111000571300.htm

National

Lawyers up in arms against permanent Lok Adalats

By J. Venkatesan

NEW DELHI NOV. 9. Even as the National Legal Services Authority (NALSA) Day is being observed today, lawyers in the country are up in arms against the recent amendments made to the NALSA Act, providing for settlement of disputes through Permanent Lok Adalats (PLA).

As a first move to the call given by the Bar Council of India to boycott the PLAs, lawyers observed hunger strike on Friday and work in most of the courts was affected.

The NALSA Act was enacted in 1987 to provide free legal services to weaker sections of society and to ensure that they are not denied justice by reason of economic or other disabilities.

Under Sections 19 to 22 of the NALSA Act, any matter pending before any court or tribunal may, if the parties make a joint application indicating their intention to compromise, may be transferred to a lok adalat.

But under the recent amendment the word `lok adalat' under Sec. 22 has been substituted with the word `PLA'. Compoundable offences and matter when the value of the property in the dispute does not exceed Rs. 10 lakhs, shall be dealt with by these lok adalats.

Also, all pending subjects, viz., civil, criminal, revenue and services are sought to be brought within the umbrella of `public utility services.'

Further, the Union or the State government may, in public interest, by a notification declare any service as public utility service.

The lawyers' grievance is that the purpose for which the enactment was enactment, viz. to render legal services to weaker sections of society, is now sought to be introduced to all litigants without any discrimination.

Further, the Government can nominate two other persons having adequate experience in public utility service to the PLAs and there is no qualification prescribed for them. Moreover, Sec. 22 (E) (1) makes the award of these PLAs final and no appeal lies.

Lawyers say that in the name of ensuring speedy justice, persons approaching the PLAs have to be content with their fate and even if the aggrieved cannot prefer on appeal. The worst part of it is that the award of the adalats shall be by majority. As a result, even if the presiding officer does not agree with the other two members, who are Government nominees, their award will become final.

Lawyers argue that the Government has introduced innovative alternative justice redressal system forgetting the fact that litigants approach the courts for getting justice and not for mere disposal of cases.

The lawyers urge the Government to have a dialogue with the Bar Council of India and bring in further amendments to the controversial provisions during the coming winter session of Parliament commencing on November 18.