LOK
ADALAT - POLITY
News:
Loan recovery via Lok
Adalats, IBC falls in FY21; banks report fewer frauds
What's
in the news?
●
Loan recovery through various channels,
most notably Lok Adalats, witnessed a sizable decline in the cases referred for
resolution during 2020-21, the Reserve Bank of India (RBI) said.
Lok
Adalat:
About
the Lok Adalat:
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The term ‘Lok Adalat’ means ‘People’s Court’ and is based on Gandhian
principles.
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As per the Supreme Court, it is an old
form of adjudicating system prevalent in ancient India and its validity has not
been taken away even in the modern days too.
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It is one of the components of the Alternative Dispute Resolution (ADR) system
and delivers informal, cheap and expeditious justice to the common people.
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The first Lok Adalat camp was organized in
Gujarat in 1982 as a voluntary and conciliatory agency without any statutory
backing for its decisions.
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In view of its growing popularity over
time, it was given statutory status under the Legal Services Authorities Act, 1987.
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The Act makes the provisions relating to
the organization and functioning of the Lok Adalats.
Composition:
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The State/District Legal Services
Authority, the Supreme Court/High Court/Taluk Legal Services Committee, or the
Supreme Court/High Court/Taluk Legal Services Committee may organize Lok
Adalats at such intervals and locations as it sees fit.
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Every Lok Adalat organized for a
particular area should include the number of serving or retired judicial
officers and other persons of the area as may be specified by the agency
organizing such Lok Adalat.
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A
Lok Adalat is usually chaired by a judicial officer, with members including a
lawyer (advocate) and a social worker.
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National legal service authority (NALSA)
was established by the Legal Services Authorities Act of 1987, which took
effect on November 9, 1995, to create a state wide consistent network for
delivering free and competent legal services to the poor.
Jurisdiction:
A Lok Adalat shall have
jurisdiction to determine and reach an agreement or settlement between the
parties to a dispute in the following areas:
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Any case pending before any court.
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Any matter which falls within the
jurisdiction of any court and is not brought before such court.
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Any case pending before the court can be
referred to the Lok Adalat for settlement if:
○
The parties thereof agree to settle the
dispute in the Lok Adalats
○
One of the parties thereof makes an
application to the court, for referring the case to the Lok Adalat.
○
The court is satisfied that the matter is
an appropriate one to be taken cognizance of by the Lok Adalat.
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In the case of pre-litigation dispute, the
matter can be referred by the agency organizing the Lok Adalats, on receipt of
an application from any one of the parties to the dispute.
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The various matters such as
matrimonial/family disputes, criminal (compoundable offenses) cases, land
acquisition cases, labor disputes, bank recovery cases, etc.
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The offenses which are non-compoundable under
any law fall outside the purview of the Lok Adalat.
Power
of Lok Adalat:
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Under the Code of Civil Procedure (1908),
the Lok Adalat will have the same powers
as a Civil Court.
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A Lok Adalat shall have the authority to
define its own method for resolving any dispute that comes before it.
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Every Lok Adalat shall be regarded to be a
Civil Court for the purposes of the Code
of Criminal Procedure (1860), and all procedures before a Lok Adalat shall
be considered to be judicial proceedings within the meaning of the Indian Penal
Code (1973).
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Under the Legal Services Authorities Act,
1987, The decision of the Lok Adalats is considered a civil court verdict and
is binding on all parties.
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There is no provision for an appeal if the parties are dissatisfied with
the verdict of Lok Adalat.
Benefits:
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No court fees.
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Speedy trial.
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Procedural flexibility.
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Parties can directly interact with the
judge through their counsel.
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The award given by the Lok Adalat is
binding on the parties and it has the status of a decree of a civil court and
it is no-appealable, which does not cause the delay in the settlement of
disputes finally.
Types
of Lok Adalat:
1.
National Lok Adalat:
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National Lok adalats are held at regular
intervals, with Lok adalats held across the country on a single day.
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Since 2015, National Lok Adalat has been
held on a specific matter every month.
2.
Permanent Lok Adalat:
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In 2002, the Legal Services Authorities
Act, 1987 was amended to permit for the establishment of Permanent Lok Adalats
to handle issues involving public utility services such as transportation,
telegraph, etc.
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It shall be chaired by a district judge or additional district judge who is or
has been a district judge or has held a judicial office higher in rank than
that of the district judge, as well as two other persons with adequate
experience in public utility services.
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It does not have jurisdiction over any
situation involving an offence that is not punishable by law.
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The Permanent Lok Adalat's judgments are
final and binding on all parties involved.
3.
Mobile Lok Adalat:
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Mobile Lok Adalats are also organized in
various parts of the country.
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Which moves from one area to another to
resolve disputes in order to make the process of resolving disputes easier.