Lok Adalats translated in English means "court for the common". Started as an innovative concept in India for the first time, these have become an integral part of the judiciary. The growing success and overwhelming performance of Lok Adalats in the recent past has paved the way for Permanent Lok Adalats (PLA).
The purpose of introducing the concept of "Lok Adalats" was to make it function as a subsidiary of the conventional courts to lessen their burden and aid in speedy disposal of litigation cases. It is one of the grassroot level systems in India and an excellent ADR (Alternative Dispute Resolution) mechanism.
The concept of Lok Adalats identifies itself with the Indian ethos on justice and jurisprudence. These courts work on the principals of fairness and transparency. PLAs can act as a double-edged sword as it would provide a great relief not only to the affected masses but also to the courts by resolving hundreds of cases within a short period at the pre-litigation level relating to public utility services.
The success story
From a period of oblivion under the British rule, Lok Adalats have returned with renewed energy and this is evident by the welcome it has received by the litigants and people. In a short span of time, more civil cases have been resolved than in the history of Indian legal system.
The figure of resolved cases crossing the million-mark is an indicator of the effectiveness of Lok Adalats in India. These courts have been empowered with judicial and administrative teeth to counter injustice meted out to the weaker sections of the society and safeguarding the interests of the common man, under the Legal Services Authorities Act1987, which forms the basis for setting up of PLA says it is aimed at providing competent legal service.
Real estate and Lok Adalat
There is a high incidence of litigation cases associated with property and inheritance in India. This is in addition to the ever rampant landlord-tenant disputes. Ignorance and dodging of the property laws are the major reasons for such issues. In many a property transaction, parties are tempted to gloss over legal implications.
Lok Adalats are under pressure to adjudicate property litigations at an incredible rate. There is a pressing the need for more Permanent Lok Adalats in the District Centers and the Government is likely to oblige. There is also a provision to address issues by the PLAs at a pre-litigation stage so that a likely litigation is avoided and resources are conserved. This can be arrived at by providing access to legal services to the interested parties and educating them on laws and its benefits.
In Hisar district, where Haryana has its first Permanent Lok Adalat and Gurgaon which is the second district with such facility, around 80 to 90 per cent complaints are being settled in the PLA.
The procedure:
Any of the parties in dispute can approach a Lok Adalat for redressal of their issues. There are no charges involved and no protocols to be followed to formally file a suit against either party. Any person can file his complaint on a simple plain paper without any court fees or charges. The complaints shall relate to six fields
- Transport services for the carriage for passengers or goods by air, road or water
- Postal, telegraph or telephone services
- Supply of power, light or water to the public by any establishment,
- System of public conservancy or sanitation
- Service in hospital or dispensary or insurance service can be filed in the PLA.
The PLA will consist of one judicial officer and two retired experts from the same utility service to which one of the litigant belongs. After receiving the complaint, the court headed by a retired Judge with two members would summon the defendant and thereafter shall conduct conciliation proceedings between the parties and settle the issue on the basis of facts after convincing both parties, in only a few days.
Caveat:
All disputes pertaining to Public Utility Service shall be under the jurisdiction of the PLAs. However, the PLA would not have jurisdiction in respect of any matter relating to an offence not compoundable under any law and where the value of the property under dispute exceeds ten lakh INR.
The moot point:
An aspect of PLA that has met with a lot of protest is that if either of the parties involved in a litigation moves an application before PLA, the other party will not be able to invoke the jurisdiction of any other court. So a person aggrieved by the decision of the PLA will lose all rights to appeal in any other court.
Establishment of more and more Permanent Lok Adalats in the country is likely to make a significant difference in the pace of the legal system in India.