This document discusses Lok Adalats, which are alternative dispute resolution bodies in India established under the Legal Services Authorities Act of 1987. It provides that Lok Adalats aim to promote compromise between parties through non-adversarial proceedings before a presiding officer. Awards made by Lok Adalats are binding, enforceable as civil court decrees, and cannot be appealed. The document outlines the roles of various legal authorities in establishing and supporting Lok Adalats in India.
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Role of Legal Services Authority in Arbitration and Dispute Resolution
1. “I realized that the true function of a lawyer was to
unite parties riven asunder. The lesson was so
indelibly burnt into me that a large part of my time
during the twenty years of my practice as a lawyer
was occupied in bringing about private compromise
of hundreds of cases. I lost nothing thereby not
even money; certainly not my soul”.
- M.K.Gandhi
Presented By:
2. State Authority,
District Authority,
Supreme Court Legal Services Committee,
High Court Legal Services Committee,
Taluk Legal Services Committee
A non-adversarial system
Retired judge,
Social activists, or
Members of legal profession
No court fee
No rigid procedural requirement
Process very fast
Directly interact with the judge
Focus in Lok Adalats is on compromise
An award is made and is binding on the parties
It is enforced as a decree of a civil court
Cannot be appealed, not even under Article
226 of the Constitution of India
Legal Services Authorities Act, 1987
LOK ADALAT
3. Malimath Committee's Recommendations: ‘Alternative Modes and Forums for Dispute Resolution'
124th and 129th Report of the Law Commission
The effect that the lacuna in the law as it stands today, arising out of the want of power
in the courts to compel the parties to a private litigation to resort to arbitration or
mediation, requires to be filled up by necessary amendment being carried out.
Parliament enacted three Acts:
(1) Legal Services Authorities Act, 1987 which has been amended by
Legal Services Authorities (Amendment) Act, 2002;
(1) Arbitration and Conciliation Act, 1996; and
(2) The Code of Civil Procedure (Amendment) Act, 1999.
The concept of resolution of dispute through arbitration, mediation, conciliation and
negotiation was institutionalized by Legal Services Authority Act.
Provides for holding Lok Adalats where disputes are pending in courts of law.
It also provides for settlement of disputes at pre-litigation stage.
Disputes between the consumers and the statutory bodies or public corporations providing
public utilities, dispute at the pre-litigation stage may be referred to a permanent Lok Adalat
comprising of a judicial officer and experts in the field.
4. The Gram Nyayalayas as contemplated by the Law Commission should process 60 to 70
percent of rural litigation leaving the regular courts in districts and sub-divisions to devote
their time to complex civil and criminal matters.
A participatory, flexible machinery
Non-adversarial, settlement-oriented procedures
A fair, quick and inexpensive system of dispute settlement.
MP State Legal Authority: Roles & Functions-
(1) It shall be the duty of the State Authority to give effect to the policy and directions of the
Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1),
the State Authority shall perform all or any of the following functions, namely:-
(a) Give legal service to persons who satisfy the criteria laid down under this Act.
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases;
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the State Authority may, in consultation with the
Central Authority, fix by regulations.
State Authority to act in co-ordination with other agencies etc., and be subject to directions
given by Central Authority
BENEFITS:
5. The Indian Legislature made a headway by enacting The Legal Services Authorities Act, 1987 by
constituting the National Legal Services Authority as a Central Authority with the Chief Justice of India
as its patron in chief. The Central Authority has been vested with duties to perform, inter alia, the
following functions:-
(1) To encourage the settlement of disputes by way of negotiations, arbitration and conciliation.
(2) To lay down policies and principles for making legal services available in the conduct of any case
before the court, any authority or tribunal.
(3) To frame most effective and economical schemes for the purpose.
(4) To utilize funds at its disposal and allocate them to the State and District Authorities appointed under
the Act.
(5) To undertake research in the field of legal services.
(6) To recommend to the Government grant-in-aid for specific schemes to voluntary institutions for
implementation of legal services schemes.
(7) To develop legal training and educational programmes with the Bar Councils and establish legal
services clinics in Universities, Law Colleges and other institutions.
(8) To act in coordination with governmental and non-governmental agencies engaged in the work of
promoting the cause of legal services.
6. Hon’ble Delhi High Court has given a landmark decision highlighting the significance of
Lok Adalat movement.
Abdul Hasan and National Legal Services Authority v. Delhi Vidyut Board and others
“It should also steer the conscience of all, as there is an increasing need to make Lok Adalat
movement a permanent feature.”
Article 39 A of the Constitution of India provides for equal justice and free legal aid. It
is, therefore clear that the State has been ordained to secure a legal system, which
promotes justice on the basis of equal opportunity.
The Lok Adalat and alternative dispute resolution experiment must succeed otherwise the consequence
for an over burdened court system would be disastrous. The system needs to inhale the life giving oxygen
of justice through the note.
Only in the last three years, more than 11,41,909 cases out of 12,50,214 cases
dealt with of different types have been amicably settled to the satisfaction of parties
only in Gujarat (as on 1-9-2001).
7. Right to Legal Aid
Entitlement to Legal Services (Section 12 of the Act)
Following persons are entitled for free legal aid under the Act:----
(i) A member of scheduled caste or schedule tribes;
(ii) A person whose annual income is not more than Rs.50,000/- for cases before Supreme Court
and Rs. 25,000/- in other courts;
(iii) A person victim of trafficking in human beings or beggar;
(iv) Disabled, including mentally disabled;
(v) A woman or child;
(vi) A victim of mass disaster, ethnic violence, caste atrocities, flood, drought, earth quake, industrial
disaster and other cases of undeserved want;
(vii) An industrial workman;
(viii) A person in custody including protective custody;
(ix) A person facing charge which might result in his imprisonment;
(x) A person unable to engage a lawyer and secure legal services on account of reasons such as
poverty and indigence.
8. PROPOSED ACTIVITIES: Gujarat
1. Making of small documentary films relating to various aspects for distributing through District Legal Services
Authorities and NGOs;
2. Training Programme for the designated Juvenile/ Child Welfare Officers attached to the Police Station and the
Members of the Special Juvenile Unit.
3. Publication of small booklets and leaflets regarding various legal topics in regional language for distribution for the
public at large.
4. Training (40 hours) on Techniques of Mediation to Judicial Officers and Advocates of the various Districts of the
State through Mediation & Conciliation Project Committee, Supreme Court of India, with view to strengthen the panels of
Trained Mediators.
5. Holding of maximum Legal Literacy Camps through Mobile Van in the remote and tribal areas of the State.
6. Sensitizing the Chairman and Members of the Juvenile Justice Boards regarding difficulties of Juveniles in conflicts with
law and in need of protection.
7. Holding of Seminars, Workshops for betterment of children as enunciated in the Juvenile Justice (Care and Protection
of Children) Act, 2000 and its Rules.
8. Holding of medical check-up camps with support of NGOs wherein necessary Legal assistance will be provided.
9. Organizing Legal Literacy Camps in slum areas or tribal areas for creation of awareness regarding children's rights.
10. To organize maximum number of Pre-litigation Lok Adalats in various places of the State so that the flow of litigation
could be stopped.
11. To organize Seminars at the district level regarding rights and difficulties of Transgender.
12. To organize Symposium at each district places on the subject of Environment and Sustainable Development.
13.To organize zone wise seminars on aspect of forensic science relating to chemical analysis report as well as documents.
14. To organize state level symposium on PCPNDT Act, 1994.
15. To organize PLVs (Para Legal Volunteers) training.
16. To establish Legal Aid Clinics in villages.
17. To organize various Legal Awareness Programs.