Title: Lok Adalat in India - Access to Justice or Gimmick?
BY- AKSHITA VARSHNEY
Introduction
In India, the Lok Adalat system, which translates to
"people's court," has been in operation for several decades as an
alternative dispute resolution mechanism. The primary goal of Lok Adalat is to
provide swift and cost-effective justice to the masses. However, the
effectiveness and significance of this system have been a subject of debate and
discussion. Is the Lok Adalat an instrument of genuine access to justice, or is
it merely a legal gimmick? This article explores both sides of the argument.
Access to Justice
1.
Speedy Resolution: One of the most significant advantages of Lok Adalat is their
ability to provide swift justice. Cases are often resolved in a single day, in
contrast to the protracted legal battles in the regular judicial system.
2.
Informality: LokAdalat are informal in nature, making the proceedings less
intimidating for the common person. This informality encourages open and candid
discussions, often leading to creative and mutually acceptable solutions.
3.
Cost-effective: Unlike the traditional court system, Lok Adalat do not involve
extensive legal fees and court costs. This makes justice accessible to people
from all walks of life, including those who might otherwise struggle to afford
legal representation.
4.
Binding Nature: The settlements reached in Lok Adalat are legally binding and
enforceable as a decree of a civil court. This ensures that both parties abide
by the terms of the settlement, contributing to the finality of the resolution.
5.
Wide Scope: Lok Adalat have the jurisdiction to handle a broad range of
cases, including civil, criminal, and family disputes, motor accident claims,
property disputes, and more, making them versatile in addressing various legal
issues.
6.
Promotion of Mediation: Lok Adalat foster an environment of
understanding and reconciliation. This approach can be particularly beneficial
in family disputes, where preserving relationships is of utmost importance.
Gimmick or Criticisms
1.
Awareness and Participation: One significant criticism is that
Lok Adalat often suffer from a lack of awareness and participation,
particularly in rural areas. As a result, the benefits of this system may not
reach all segments of society.
2.
Resource Constraints: Many Lok Adalat struggle due to a lack of adequate
infrastructure, resources, and trained personnel. This can hinder their
efficient functioning.
3.
Limited Jurisdiction: Lok Adalat mainly deal with civil and family disputes.
Expanding their jurisdiction to cover a broader range of cases is a potential
criticism.
4.
Enforceability: While Lok Adalat settlements are legally binding, enforcing
these decisions can sometimes be challenging. This has led to concerns about
the effectiveness of the system.
5.
Quality of Decisions: Critics argue that the quality of decisions in Lok Adalat may
not always match that of regular courts, as they are often presided over by
non-judicial officers.
The Lok Adalat system in India serves as a valuable addition to
the legal landscape, offering a swift and cost-effective approach to dispute
resolution. Its informality, wide scope, and promotion of mediation are
commendable features. However, challenges such as awareness, resource
constraints, and enforce ability have raised questions about the system's
effectiveness.
The debate over whether Lok Adalat are a genuine avenue for
access to justice or merely a legal gimmick continues. To truly serve as a
means of access to justice for all, it is essential to address the existing
challenges and expand the scope of Lok Adalat while ensuring the quality and
enforce ability of their decisions. In doing so, India can harness the full
potential of the Lok Adalat system to provide timely and affordable justice to
its citizens.