Working of Lok Adalats: A Study in Haryana

Introduction Dispute resolution is essentially required for peace in society, harmony, amicableness and easy accessibility to justice. The usual procedure of resolution of dispute by courts is time consuming and is an expensive affair. The emergence of alternative dispute resolution has been one of the most significant movements as a part of conflict management and judicial reform, and it has become a global necessity. Resolution of disputes is an essential characteristic for societal peace, amity, comity and harmony and easy access to justice. It is evident from the history that the function of resolving dispute has fallen upon the shoulders of the powerful ones. With the evolution of modern States and sophisticated legal mechanisms, the courts run on very formal processes and are presided over by trained adjudicators entrusted with the responsibilities of resolution of disputes on the part of the State. The processual formalization of justice gave tremendous rise to consumption of time and high number of cases and resultant heavy amount of expenditure. Obviously, this led to a search for an alternative complementary and supplementary mechanism to the process of the traditional civil court for inexpensive, expeditious and less cumbersome and, also, less stressful resolution of disputes. Any dispute between parties is like a disease, sooner you resolve it, better it is for the parties and the society. If disputes are not resolved at an initial stage then it may grow at a very fast rate as one issue may lead to another and the time and efforts required resolving the dispute will be increased. The dispute between the parties should be resolved at the initial stage to avoid the psychological, mental and physical loss which can be suffered by the parties. The Indian constitution has provided for the citizens that-to secure to all the citizens ofIndia, justice- social, economic and political; liberty, equality and fraternity. The constitution provides for rule of law which is based on three facets- rule by law, rule under law and rule according to law. Lok Adalat (peoples courts), established by the government settles dispute through conciliation and compromise. The First Lok Adalat was held in Gujarat in 1982. Lok Adalat accepts the cases which could be settled by conciliation and compromise, and pending in the

regular courts within their jurisdiction. 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. There is no court fee. 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. The procedural laws, and the Evidence Act are not strictly followed while assessing the merits of the claim by the Lok Adalat. Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. 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. Lok Adalat is very effective in settlement of money claims. Disputes like partition suits, damages and matrimonial cases can also be easily settled before Lok Adalat, as the scope for compromise through an approach of give and take is high in these cases. Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost. Parliament enacted the Legal Services Authorities Act 1987, and one of the aims for the enactment of this Act was to organize Lok Adalat to secure that the operation of legal system promotes justice on the basis of an equal opportunity. The Act gives statutory recognition to the resolution of disputes by compromise and settlement by the Lok Adalats. Section 89 of the Civil Procedure Code provides that where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observation of the parties, the court may reformulate the terms of a possible settlement and refer the same for- arbitration, conciliation, judicial settlement including settlement through Lok Adalat, mediation. History of Lok Adalats in India Lok Adalats have been an important part of Indian legal history. Lok Adalat as the name suggest means Peoples Court where Lok means people and Adalat means the court. Lok Adalat is an innovative contribution of Indian legal system to the worlds jurisprudence. The traces of Lok Adalat can be found in Indian legal history at the initial level. These courts used to settle the dispute between parties without using much legal technicalities. Ever since that time it has been used as an effective alternative to litigation, provided speedy justice and was an effective measure for settlement of dispute. The concept of Lok Adalat was pushed back into oblivion in last few centuries before independence and particularly during the British regime. This concept is, now, again very popular and is gaining historical momentum. Experience has shown that it is one of the
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very efficient and important ADRs and most suited to the Indian environment, culture and societal interests. The finest hour of justice is the hour of compromise when parties after burying their hatchet reunite by a reasonable and just compromise. This Indianinstitutionalised, indigenised and now, legalized concept for settlement of dispute promotes the goals of our Constitution. Equal justice and free legal aid are hand in glove. It is, rightly said, since the second world war, the greatest revolution in the law has been the mechanism of evolution of system of legal aid which includes an ADR. The statutory mechanism of legal services includes concept of Lok Adalat in the Legal Services Authorities Act. The legal aid, in fact, is a fundamental human right. The concept of Lok Adalat is closely connected to the culture and comprehension of Indian legal history and is again becoming popular among the litigants. Recent studies show that Lok Adalat is the most suitable form of Alternate Dispute Resolution for Indian society. Benefits of Lok Adalat The institution of Lok Adalat has many advantages over courts and other methods Alternate Dispute Resolution. Firstly, there is no court fee in Lok Adalat and even if the case is filed in the court then the court fees will be refunded if the disputed is settled by the Lok Adalat. Secondly, there is no strict application of procedural laws and the Evidence actwhile assessing the claims by Lok Adalat. Thirdly, disputed parties can directly go to Lok Adalat for settlement of the dispute arising between them, prior without going to the Court. Fourthly, the award given by the Lok Adalat is final and binding on the parties to the dispute. No appeal can be made against the order of the Lok Adalat. Fifthly, Lok Adalats provides speedy justice to the disputes and provides inexpensive remedy with a legal status.

Procedure to be followed

Pretty simple procedure is followed by the Lok Adalats in solving the dispute between the parties but an important condition is that the parties to the dispute should agree on submitting their dispute to Lok Adalat and will be abide by the decision given by it. The Lok Adalat is presided over by the sitting or retired judicial officer with two members who are lawyers or social workers. Any matter which is pending before the court of law or is in pre litigation period can be submitted to Lok Adalat and Lok Adalat has an effective jurisdiction to settle the dispute by the way of compromise. Civil as well as Criminal matters can be submitted to Lok Adalat for settlement but any dispute related to an offence which is not compoundable under any law cannot be settled by Lok Adalat even if the parties to the dispute agrees to submit it to the Lok Adalat. One of the parties or any of the parties to the dispute can submit the dispute to the Lok Adalat even if their dispute is pending in the court of law or is in pre-litigation period and Lok Adalat will try helping the parties to solve the dispute and reach to an amicable settlement. The award given by the Lok Adalat is final and cannot be challenged and is as much enforceable as a decree obtained from a court. Legislature on Lok Adalats Lok Adalats have been given a statutory status by the Legal Service Authorities Act, 1987, in pursuance to the Article 39-A of the constitution ofIndia, which contains various provisions for settlement of dispute through Lok Adalats. The main objective of this act is to provide free and competent legal service to the weaker section of the society by the legal services authorities to provide equal opportunities to secure justice and prevent denial of justice to any citizen due to economic or other disability. This Act promotes Lok Adalat to provide equal opportunity to every citizen to get justice. Lok Adalats were in vogue even before this enactment, and were widely xcepted by the people. In ancient time and still people used to settle their dispute from the head of panchayat head or by tribal head. After the enactment of this act, Lok Adalats have received statutory status and any award given by them has same force as a decree given by the civil court.

Organization of Lok Adalats in Haryana

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Haryana State Legal Services Authority has leveraged the important mechanism of Lok Adalat as an effective alternative dispute resolution method for ensuring quick and final consensual disposal of cases binding on the parties, without incurring any extra cost or fees. Various kinds of Lok Adalat are organized by Haryana State Legal Services Authority. (1) Scheduled Lok Adalats HALSA is organizing scheduled Lok Adalats in all the districts courts and sub divisional courts of Haryana from time to time as per schedule prepared by DLSAs. In these Lok Adalats, pending cases of all nature are taken up by different Lok Adalat benches presided by judicial officers and members. These Lok Adalats have proved to be very successful, particularly with regard to MACT Cases. (2) Mobile/Rural Lok Adalats HALSA is organizing Mobile/Rural Lok Adalats in the villages to make speedy and inexpensive justice available to the people at their door step by amicable resolution of their disputes through mediation/conciliation by the respectables of the village and Village Gram Panchayats. In these Mobile/Rural Lok Adalats, all the pending cases in the courts as well as cases at pre-litigative stage of such village and adjoining villages are taken up for settlement. Earlier these rural Lok Adalats were presided over by judicial officers by rotation. However, since October, 2011, these Adalats are attended by Panel Advocates and Para Legal Volunteers, who make efforts to bring parties together in all pending matters of that area, where rural Lok Adalat takes place, to arrive at acceptable settlement. Similar efforts are made in pre-litigation matters of that area. The cases, in which parties agree for settlement, are then taken up in forthcoming Lok Adalat.
STATEMENT SHOWING THE CASES TAKEN UP AND SETTLED IN THE RURAL LOK ADALATS FROM THE YEAR 2006 Number of Rural Lok Adalats held Number of cases taken up Number of cases settled Number of Motor Accident Claim cases settled Revenue/Mutation cases settled Compensation paid in MACT cases (in Rs.) 2,119 1,60,305 91,811 191 71,234 2,16,12,207/-

STATEMENT SHOWING THE NUMBER OF CASES SETTLED IN THE MOBILE/

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RURAL LOK ADALATS FROM 1.4.2009 to 31.3.2010 IN THE STATE OF HARYANA. No. of Lok Adalat organized Cases taken up Cases Settled MACT cases settled HMA Case settled Civil Cases Settled Petty criminal Cases Labour Cases settled Bank Loan Cases settled Summary Cases Settled Cases of 125 Cr. P.C. Settled Mutation Revenue Pre-litigative cases 138 NI Act Others Compensation paid in MACT cases Decreed Amount Fine 384 25381 14291 1 Nil 907 785 2 7 1077 60 11075 226 6 29 116 1,20,000 16,30,826 28,76,837

(3) Permanent Lok Adalats (Public Utility Services) On the initiative of HALSA, the Haryana Government sanctioned administrative approval for four permanent Lok Adalats (PLAs) pertaining to public utility services at the four divisional headquarters i.e. Ambala, Rohtak, Gurgaon and Hissar. Later, two more PLAs were sanctioned at Faridabad and Panchkula. At present, six PLAs are functioning in the state. The state government has also agreed to sanction five more at Rewari, Bhiwani, Sirsa, Sonepat and Karnal, which shall start functioning shortly. These eleven PLAs will have jurisdiction for all the 21 districts of Haryana. In such Lok Adalats, cases relating to Public utility services: namely (i) transport service for the carriage of passengers or goods by air, road or water; or (ii) postal, telegraph or telephone service; or (iii) supply of power, light or water to the public by any
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establishment; or

(iv) system of public conservancy or sanitation; or (v) service in

hospital or dispensary; or (vi) insurance service (vii) housing and estates (viii) banking and finance, are settled without any expenditure and at the earliest, up to the value of Rs. 25 lakh. (4) THE SAMJHAUTA SADANS OR THE CONTINUOUS LOK ADALATS These Lok Adalats are permanently available for everyone to approach for settling his or her dispute. They are meant to resolve disputes of civil nature and compoundable criminal cases. So, all such cases pending in the regular Courts can be referred to the Samjhauta Sadans for amicable settlement. Besides, the said pending cases, these Lok Adalats have the jurisdiction to settle pre-litigation matters. 31036 cases were taken up in the Samjhauta Sadan and 7615 cases have been settled and Rs.80,05,000/- awarded in MACT cases from 1.4.2009 to 31.3.2010.

STATEMENT SHOWING THE NUMBER OF CASES SETTLED IN THE PERMANENT AND CONTINUOUS LOK ADALATS (SAMJHAUTA SADANS) FROM 1.4.2009 to 31.3.2010 IN THE STATE OF HARYANA Cases taken up Cases settled MACT HMA cases settled Civil Cases settled Petty criminal cases Bank loan cases settled Summary 125 Cr.P.C. Pre-litigative cases 138 NI Act Others Compensation paid in MACT cases Decreed Amount Fine 31,036 7,615 31 112 5,280 377 46 268 60 1,232 165 104 80,05,000/70,78,185/2,39,300/-

Conclusion

There can be no second thought on the matter that Lok Adalats in haryana have been effective machinery for speedy and early disposing of disputes and reaching to an amicable settlement at an economical cost. The Legal Service Authority Act, 1987, which provides for the Lok Adalat for speedy and early settlement of dispute among the parties, is boom for legal system in Haryana. Majority of Haryana population which is illiterate seek justice through regular court which is disadvantageous to both, the parties as well as to the courts as such litigation on matters on which an amicable settlement can be reached overburdens the courts and the procedure at the courts are expensive, ineffective and time consuming. With respect to the present condition prevailing in the society and the gap between the economic conditions of the people of the society asks for an effective and strong legal service for poor and needy people. The system of Lok Adalats are no more new to the legal system in Haryana, it has become an effective part of Indian legal system and now is the time to bring such matters under the jurisdiction of Lok Adalats which do not fall under its domain. It is high time for law makers, jurists, lawyers and judges to help modifying the current model law governing Lok Adalats and include such areas under its jurisdiction like business disputes or conflicts where public at large is involved and the matters where government is involved in one or the other way. Lok Adalats as a part of alternate dispute resolution methods is an effective way of settlement of disputes in an amicable manner. Although in modern times it needs few changes to cope up with the present scenario. Lok Adalats need to be given more power to have their decisions accepted by the parties to the dispute. Lok Adalat being a new branch has a long way to go, even to its an effective machinery but still need some changes and more power to deal with present issues. Lok Adalat still has a long way to go, and its efficiency in future depends on what more powers are given to it to deal with present and future issues which may come to it.

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