Lok Adalats and Legal Awareness Campaign

Lok Adalats

Lok stands for People and the word Adalat means Court. Lok Adalat is a special kind of people’s court in which disputes solved by direct talks between the litigants. The members of legal profession, college students, social organisations, charitable and philanthropic institutions and other similar organisations may be associated with Lok Adalat. Salient features of this dispute resolutions are participation,accomadation,fairness,expectations,voluntariness,neighbourliness,transparency and lack of animosity.Lok Adalat after studying the case, try to solve the simple differences which otherwise are likely to leave for reaching consequences through mutual understanding and compromise. The concept of Lok Adalat is an innovative Indian contribution to the world jurisprudence.

Ancient concept of settlement of dispute through mediation, negotiation or through arbitral process known as ‘People’s court verdict’ or decision of ‘Nyaya-Panch’ is conceptualised instutionalised in the philosophy of Lok Adalat. The concept of Lok Adalat was pushed back into oblivion in last few centuries before independence and particularly during British regime.  Now this concept has been rejuvenated and became more popular amongst litigants. Camps of Lok Adalat were initially started in Gujarat in March 1982, and now it has been extended throughout the country. The evolution of this movement was a part of the strategy to relieve heavy burden on the Courts with pending cases and to give relief to the litigants who were in the queue to get Justice. And the Legal Services Authorities Act 1987 gave a statutory status to Lok Adalats pursuant to the Constitutional mandate in Art. 39-A of the Constitution of India, contains various provisions for settlements of dispute through Lok Adalat.

Levels of lok adalats

State Authority Level –  The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court or a sitting or retired judicial officer and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

High Court Level: The Secretary of the High Court Legal Services Committee would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes.

District Level: The Secretary of the District Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman.

Taluk Level: The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman.

National Lok Adalat:  National Level Lok Adalats are held for at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts right from The Supreme Court till the Taluk Levels wherein cases are disposed off in huge numbers. From February 2015, National Lok Adalats are being held on a specific subject matter every month.

Permanent Lok Adalat: The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc.

Mobile lok adalat: Mobile lok adalat is new concept in which justice is delivered through van. The van consists of facilities like court compartments with basic amenities as well as microphone, computer, printer, seating arrangement for lawyers and the team, cabinet for the presiding officer, projector, internal and external address system, and Generator among others.

Benefits of lok adalats

  • There is no court fee and even 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.
  • There is no strict application of the procedural laws and the Evidence Act while assessing the merits of the claim by the Lok Adalat. The parties to the disputes though represented by their Advocate can interact with the Lok Adalat judge directly and explain their stands in the dispute and the reasons therefore, which is not possible in a regular court of law.
  • Disputes can be brought before the Lok Adalat directly instead of going to a regular court first and then to the Lok Adalat.
  • The decision of 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 whereas in regular courts of law there is always a scope to appeal to the higher forum on the decision of the trial court, which cause delay in the settlement of dispute finally. The reason being that in a regular court, decision is that of the court but in Lok Adalat it is mutual settlement and hence no case for appeal will arise. In every respect the scheme of Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost.

Legal awareness campaign

The growing number of issues, problems, unabated Corruption and indecisiveness prevailed in our Society that has given rise to demand support from the people of the country. Be it the legal, POVERTY, Literacy, Health, Environment and many other issues – each cause is clamoring for public attention. Effort to get such attention, the governments and organizations has come together to devote to a particular cause so that awareness may be raised for the welfare of the society.

Understanding of the legal literacy and legal awareness is the need of the hour to deal with these uncertain problems existing and rising in the society. What it is, why it is important, and how we can promote it. Majority people of India are legal illiterate and not aware of the basic rights conferred upon them by law. Substantial Population of the country living in the cities, towns and villages do not know what are their rights and entitlements under the law. Even the literate people are helpless and confused when there is a violation or infringement of a right enforceable in law.

Lack of knowledge about the basic legal and civil liberties, Human Rights, constitutional directives, and principles and other guidelines that protect the people’s dignity, Liberty and freedom manifests itself in the society in the form of problems such as Child Labour, human trafficking, domestic violence, child marriage, dowry etc. that threatens the safety of all.   Therefore, the absence of the legal awareness in the society is mainly responsible for the deception, exploitation and deprivation of rights and benefits, from which the people suffer in the hands of state apparatus. The miserable condition in which the people find themselves can be alleviated to some extent by creating legal literate and legal awareness amongst the people. At this backdrop, legal literacy and legal awareness assume critical significance.

 

Constitutional and legal provisions for legal awareness

In 1987, the Legal Services Authorities Act (LSAA) was enacted by the Parliament which came into force on 9th November, 1995 with an object to establish a nationwide uniform Network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the LSAA, 1987 to monitor and evaluate implementation of legal services available under the Act.   This Act was passed with the affirmed objective of fulfilling one of the Directive Principles of State Policy enunciated in ARTICLE 39A of the Constitution of India. Under it, the Constitution of India provides for equal justice and free legal aid – The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Under the Articles 14 and 22(1) also provide that it’s the obligatory for the State to ensure Equality before law and a legal system which promotes justice on the basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.   In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority. And in every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.

 

Role of NALSA in legal awareness and legal aid

  • Legal Aid Counsel Scheme to provide meaningful legal assistance to under trial prisoners, who feel handicapped in their defense on account of lack of Resources or other disabilities and cannot engage a counsel to defend them.
  • Counseling and Conciliation Scheme to encourage the settlement of disputes by way of negotiations and conciliation.
  • Supreme Court Middle Income Group Scheme to provide legal services to the middle income class citizens, i.e., citizens whose annual income does not exceed Rs. 2 lakh.
  • The NALSA organizes Judicial colloquium to create a forum for ongoing regional cooperation among Judges focusing on Human Rights and Access to Justice.
  • Victims Assistance Program (VAP) has been prepared by the NALSA target the most disadvantaged, distraught vulnerable and victimized population.

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Lok Adalats

A Lok Adalat is a forum for the settlement of disputes through conciliation, arbitration or judicial settlement without the intervention of the courts. It is a quasi-judicial body presided over by a sitting or retired judge of the High Court or a District Judge. The other members of the Lok Adalat are usually lawyers, social workers and representatives of the government.

Lok Adalats were first set up in India in 1985 as part of the government’s efforts to provide speedy and inexpensive justice to the common man. The objectives of Lok Adalats are to:

  • Provide speedy and inexpensive justice to the common man
  • Reduce the burden on the courts
  • Promote conciliation and arbitration as means of dispute resolution
  • Educate the public about their legal rights and obligations

Lok Adalats are open to all types of disputes, including civil, criminal, family and commercial disputes. The procedure for filing a case in a Lok Adalat is simple and informal. The parties to the dispute are required to appear in person before the Lok Adalat and present their case. The Lok Adalat will then try to resolve the dispute through conciliation, arbitration or judicial settlement. If the parties are unable to reach an agreement, the Lok Adalat will pass an award. The award of the Lok Adalat is binding on the parties and is enforceable in the same manner as a decree of a court.

Lok Adalats have been successful in resolving a large number of disputes. In 2017, Lok Adalats disposed of over 1.5 million cases. Lok Adalats have also been successful in reducing the backlog of cases in the courts. In 2017, Lok Adalats disposed of over 10% of the cases pending in the courts.

Lok Adalats have been praised for their success in providing speedy and inexpensive justice to the common man. However, Lok Adalats have also been criticized for their lack of Transparency and Accountability. There have been allegations that Lok Adalats are biased in favor of the government and that they are not always fair to the parties involved in the dispute.

Despite these criticisms, Lok Adalats remain an important part of the Indian legal system. They provide a valuable service to the common man and they help to reduce the burden on the courts.

Legal Awareness Campaign

A legal awareness campaign is an effort to educate the public about their legal rights and obligations. Legal awareness campaigns can be conducted by the government, non-governmental organizations, or private individuals.

The objectives of a legal awareness campaign can vary, but they often include:

  • Increasing public knowledge of the law
  • Promoting compliance with the law
  • Reducing the number of legal disputes
  • Empowering people to assert their legal rights

Legal awareness campaigns can be conducted through a variety of methods, including:

  • Public Education programs
  • Media campaigns
  • Distribution of educational materials
  • One-on-one counseling

Legal awareness campaigns can be an effective way to improve the public’s understanding of the law and to promote compliance with the law. However, they can also be challenging to implement, as they require careful planning and execution.

Importance of Legal Awareness Campaign

Legal awareness campaigns are important because they can help to improve the public’s understanding of the law. This can lead to increased compliance with the law, which can benefit both individuals and society as a whole. Legal awareness campaigns can also help to reduce the number of legal disputes, which can save time and Money for both individuals and the government. Additionally, legal awareness campaigns can empower people to assert their legal rights, which can help to ensure that they are treated fairly under the law.

Challenges of Legal Awareness Campaign

There are a number of challenges associated with conducting legal awareness campaigns. One challenge is that the law can be complex and difficult to understand. This can make it difficult to create educational materials that are both accurate and accessible to the public. Additionally, legal awareness campaigns can be expensive to implement. This is because they often require the use of multiple methods, such as public education programs, media campaigns, and the distribution of educational materials. Finally, legal awareness campaigns can be difficult to evaluate. This is because it is often difficult to determine whether or not a campaign has actually led to increased compliance with the law or reduced the number of legal disputes.

Future of Legal Awareness Campaign

Despite the challenges, legal awareness campaigns are likely to continue to be an important part of the legal system in the future. This is because the law is constantly evolving, and it is important for the public to be aware of the latest changes. Additionally, the increasing use of technology is making it easier to reach a wider audience with legal awareness campaigns. As a result, legal awareness campaigns are likely to become more sophisticated and effective in the years to come.

What is a Lok Adalat?

A Lok Adalat is a forum for the settlement of disputes outside the court system. It is a voluntary, non-binding, and informal process that is designed to be more accessible and affordable than traditional court proceedings.

What are the benefits of using a Lok Adalat?

There are several benefits to using a Lok Adalat, including:

  • It is a more affordable option than traditional court proceedings.
  • It is a more accessible option, as it is often held in local community centers or other convenient locations.
  • It is a more informal process, which can be less stressful for participants.
  • It is a more flexible process, as it can be tailored to the specific needs of the parties involved.
  • It is a more efficient process, as it can often resolve disputes more quickly than traditional court proceedings.

How do I use a Lok Adalat?

To use a Lok Adalat, you must first file a petition with the Lok Adalat. The petition must include information about the dispute, the parties involved, and the relief that you are seeking. Once the petition is filed, the Lok Adalat will schedule a hearing. At the hearing, the parties will have an opportunity to present their case to the Lok Adalat. The Lok Adalat will then make a decision on the dispute. The decision of the Lok Adalat is not binding, but the parties are encouraged to comply with it.

What are the drawbacks of using a Lok Adalat?

There are a few drawbacks to using a Lok Adalat, including:

  • The decision of the Lok Adalat is not binding, which means that the parties are not required to comply with it.
  • The Lok Adalat is not a court of law, which means that the decision of the Lok Adalat cannot be appealed.
  • The Lok Adalat is not always available, as it is often only held in certain areas.
  • The Lok Adalat may not be able to resolve all types of disputes.

What is a Legal Awareness Campaign?

A Legal Awareness Campaign is an effort to educate the public about the law. These campaigns can be conducted by a variety of organizations, including government agencies, non-profit organizations, and law firms.

What are the goals of a Legal Awareness Campaign?

The goals of a Legal Awareness Campaign can vary depending on the organization that is conducting it. However, some common goals include:

  • To educate the public about their legal rights and responsibilities.
  • To reduce the number of people who are unaware of the law.
  • To help people understand how to access legal services.
  • To promote compliance with the law.

What are some common methods used in Legal Awareness Campaigns?

There are a variety of methods that can be used in Legal Awareness Campaigns, including:

  • Public Service announcements (PSAs)
  • Newspaper and magazine articles
  • Radio and television interviews
  • Website and Social Media posts
  • Community outreach events
  • Legal clinics

What are some of the challenges of conducting a Legal Awareness Campaign?

There are a number of challenges that can be associated with conducting a Legal Awareness Campaign, including:

  • Reaching a large enough audience
  • Making the information accessible and understandable
  • Overcoming language barriers
  • Dealing with negative stereotypes about the law
  • Ensuring that the information is accurate and up-to-date

What are some of the benefits of conducting a Legal Awareness Campaign?

There are a number of benefits that can be associated with conducting a Legal Awareness Campaign, including:

  • Increased knowledge about the law
  • Reduced fear of the legal system
  • Increased access to legal services
  • Improved compliance with the law
  • Reduced crime rates
  • Increased social cohesion

Question 1

Lok Adalats are:

(a) A system of alternative dispute resolution
(b) A system of justice that is accessible to all
(c) A system of justice that is quick and inexpensive
(d) All of the above

Answer

(d) All of the above

Question 2

Legal awareness campaigns are important because they:

(a) Help people understand their rights
(b) Help people understand the law
(c) Help people access justice
(d) All of the above

Answer

(d) All of the above

Question 3

Which of the following is not a benefit of Lok Adalats?

(a) They are quick and inexpensive
(b) They are accessible to all
(c) They are more informal than traditional courts
(d) They are not binding on the parties

Answer

(d) They are not binding on the parties

Question 4

Which of the following is not a benefit of legal awareness campaigns?

(a) They help people understand their rights
(b) They help people understand the law
(c) They help people access justice
(d) They can be expensive

Answer

(d) They can be expensive

Question 5

Which of the following is a limitation of Lok Adalats?

(a) They are not binding on the parties
(b) They can only deal with certain types of cases
(c) They are not always accessible to all
(d) All of the above

Answer

(d) All of the above

Question 6

Which of the following is a limitation of legal awareness campaigns?

(a) They can be expensive
(b) They may not reach all of the people who need them
(c) They may not be effective in changing people’s behavior
(d) All of the above

Answer

(d) All of the above