DAMODARAM SANJIVAYYA NATIONAI LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT
LOK ADALAT AND ACCESS TO JUSTICE

SUBJECT
ADR

NAME OF THE FACULTY

MR. R.V. VISHNU KUMAR

NAME OF THE CANDIDATE: SANSKAR JAIN

ROLL NO.: 18LLB080

SEMESTER: SIXTH

1
ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher who gave me the golden
opportunity to do this wonderful project on the topic which also helped me in doing a lot of
research and I came to know about so many new things I am thankful to them.
Secondly, I would also like to thank my friends who helped me a lot in finalizing this project
within the limited time frame.

2
 CONTENTS

ABSTRACT

INTRODUCTION

LEGISLATION REGARDING LOK ADALATS

NEED FOR LOK ADALAT

LOK ADALAT FOR SPEEDY JUSTICE

CONCLUSION

3
ABSTRACT a

The concept of Lok Adalat (People’s Court) is an innovative Indian contribution to the world
a a a a a a a a a a a a a a

a jurisprudence. The introduction of Lok Adalats added a new chapter to the justice
a a a a a a a a a a a a

a dispensation system of this country and succeeded in providing a supplementary forum to the
a a a a a a a a a a a a a

a victims for a satisfactory settlement of their disputes. This system is based on Gandhian
a a a a a a a a a a a a a

a principles.

It is one of the components of ADR (Alternative Dispute Resolution) systems. In ancient

a a a a a a a a a a a a a

a times, the disputes were referred to “Panchayats”, which were established at the village level.
a a a a a a a a a a a a a

a Panchayats resolved the disputes through arbitration. It has proved to be a very effective
a a a a a a a a a a a a a

a alternative to litigation. a a

This concept of the settlement of disputes through mediation, negotiation or arbitration is

a a a a a a a a a a a a

a conceptualized and institutionalized in the philosophy of Lok Adalat. It involves people who
a a a a a a a a a a a a

a are directly or indirectly affected by dispute resolution.

a a a a a a a

4
INTRODUCTION

The Courts of India in the recent times have been over burdened with cases and are currently
a a a a a a a a a a a a a a a a

a grappling with shortages of judges and courts in all levels starting from the lower to the
a a a a a a a a a a a a a a a

a higher forums. That apart, the litigants also have to bear the cost of litigation which is quite
a a a a a a a a a a a a a a a a

a high and litigation continues for years together without an ending. Further the process is also
a a a a a a a a a a a a a a

a cumbersome and procedural delays along with the increasing number of cases mean justice
a a a a a a a a a a a a

a getting delayed. Lok Adalats in such a scenario have been a beacon of hope both for the
a a a a a a a a a a a a a a a a

a litigants and the judges who are burdened with alarming work load and cases. Lok Adalat or
a a a a a a a a a a a a a a a

a the People‘s Courts, decide the dispute with utmost expedition to arrive at a compromise or
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a settlement on the basis of principles of justice, equity, fair play and other legal principles.
a a a a a a a a a a a a a a

a When the Lok Adalat is not able to arrive at a compromise or settlement, the record of the
a a a a a a a a a a a a a a a a a

a case is returned to the Court, which initially referred the case to the Lok Adalats. In this
a a a a a a a a a a a a a a a a

a method over the years many petty cases along with other regular cases which can be referred
a a a a a a a a a a a a a a a

a to the Lok Adalats have been disposed. The finality of the award is the best advantage of the
a a a a a a a a a a a a a a a a a

a system and often creates a win-win situation for all. However like every system, this system
a a a a a a a a a a a a a a

a also has some issues such as lack of infrastructure, unclear policies, inadequate administrative
a a a a a a a a a a a a

a support, etc which prove to be a hindrance to disposal of cases. The idea of Lok Adalats is
a a a a a a a a a a a a a a a a a

a unique and is very effective but much more can be achieved if certain changes are made in the
a a a a a a a a a a a a a a a a a

a system.

5
LEGISLATION REGARDING LOK ADALATS

The Legal Services Authorities Act, 1987 gave a legal status to Lok Adalats, pursuant to the
a a a a a a a a a a a a a a a

a Constitutional mandate in Article39-A of the Constitution of India. The said act contains
a a a a a a a a a a a a

a various provisions for resolving of disputes through Lok Adalat. Thus, the age old concept of
a a a a a a a a a a a a a a

a Lok Adalat has, now, legal standing. It enables the Act to establish Legal Services Authorities
a a a a a a a a a a a a a a

a to provide free and competent legal services to the weaker sections of the society so as to
a a a a a a a a a a a a a a a a

a ensure that opportunities for securing justice are see that the same are not denied to any
a a a a a a a a a a a a a a a

a citizen by reason of economic or other disabilities. Further the Act empowers LSA‘s to
a a a a a a a a a a a a a

a organize Lok Adalats to secure that the operation of the legal system promotes justice on a
a a a a a a a a a a a a a a a

a basis of equal opportunity.1

a a a

NEED FOR LOK ADALAT

In the present system, the litigant, who is the heart of judicial structure, is the most neglected
a a a a a a a a a a a a a a a a

a and exploited in the system. He is basically a consumer of justice and he should receive equal,
a a a a a a a a a a a a a a a a

a effective, inexpensive and speedy trial and justice. It is imperative to reach the goal of equal
a a a a a a a a a a a a a a a

a access to justice, which is a Constitutional commandment and statutory imperative.2

a a a a a a a a a a a

Unmanageable burden of pending cases, unmanageable arrears and delay in disposal of cases
a a a a a a a a a a a a

a in courts at all levels-lowest to the highest-along with high expenses have undoubtedly
a a a a a a a a a a a a

a attracted the attention of not only the lawyers, litigants, social activists, legal academicians
a a a a a a a a a a a a

a and parliament but also Judges of the courts. At present the arrears of cases as so huge that
a a a a a a a a a a a a a a a a a

a unless they are disposed of on a war footing the system may crumble down in a few years
a a a a a a a a a a a a a a a a a

a time. It appears that the justice system presently in this country is about collapse. So, it is but
a a a a a a a a a a a a a a a a a

a natural that the alarming situation of the Indian judiciary has attracted attention of anyone
a a a a a a a a a a a a a

a concerned with law reforms.3 a a a

The sole consideration, therefore, is how to reduce the delay in disposal of cases, make the
a a a a a a a a a a a a a a a

a system resilient by removing its stratification, making the system less formal and inexpensive
a a a a a a a a a a a a

a so as to make justice within the reach of the poor.

a a a a a a a a a a

Frankly admitting, the existing legal system has remained unfortunately alien having no direct
a a a a a a a a a a a a

a contact with masses and is not at all meaningful to them. The surprising growth in the arrears
a a a a a a a a a a a a a a a a

1
Institute of Management Ahmedabad, Rule of Alternative Dispute Resolution Method in Developmental
a a a a a a a a a a a

aSociety; “Lok Adalat” in India Anuarg K Agarwal , W.P No. 2005-11-01. P.7
a a a a a a a a a a a a a

2
KLJP’s The Legal Services Authorities Act, 1987, Sathhpal Puliani 2003, New Edition P.76
a a a a a a a a a a a a a

3
KLJP’s The Legal Services Authorities Act, 1987, Sathhpal Puliani 2003, New Edition P.74
a a a a a a a a a a a a a a

6
a of cases has compelled the members of Law Commission of India to deliberate on the revival
a a a a a a a a a a a a a a a

a of indigenous legal system and recommended it‘s restructuring to provide a new model or
a a a a a a a a a a a a a

a mechanism for dissolving disputes on the principles of participatory justice. A need has been
a a a a a a a a a a a a a

a felt for decentralization of the system of administration of justice to reduce the volume of a
a a a a a a a a a a a a a a a

a work.

The former Chief Justice, E S Venkatarahmiah once rightly observed:

a a a a a a a a a a

"The problem of delay and backlog was likely to put the functioning of Constitutional
a a a a a a a a a a a a a

a Government in disarray” a a

This warning of former Chief Justice carries really a great weight when examined in the light
of piling arrears and accumulated work-load of different courts and poses a frightening
scenario to the very survival of the legal system itself. In various countries, such as the
United States of America and western countries such as England and France, the contribution
of the Bar in rendering free and competent legal-aid is praiseworthy and it must be adopted in
India. Lawyers must respond with juristic sensitivity to the voice of weak, poor, suppressed
and exploited women and destitute children so as to create equal society for them in which
they can prosper. The bar must evolve scheme to ensure that poor are able to afford Justice.

The advocates are the backbone of the legal services to ensure compliance to the
Constitutional obligations and ensure statutory rights of millions of indigent, needy,
handicapped and deserving people.

The Purpose of the Lok Adalat was/has been to provide a supplementary to the mainstream
legal system. The sanctity for holding Lok Adalat or people's court lies in the growing
dissatisfaction with the existing legal system and the need for immediate relief for poor,
helpless, economically and socially disadvantages position, etc., who are in distressed
familiar circumstances. The requirement of immediate redressal and speedy disposal of a a a a a a a a a

a disputes was felt most acutely in the present socio-legal circumstances. In view of these
a a a a a a a a a a a a a

a circumstances, an attempt was made to bring justice to the door steps.

a a a a a a a a a a a a

The Lok Adalat was organized with the following objectives amongst others: (1) Provide
a a a a a a a a a a a a

a speedy justice. (2) To create awareness among the public about the conciliatory mode of
a a a a a a a a a a a a a

a dispute settlement and legal validity of Lok Adalat (3) To fasten up the process of organizing
a a a a a a a a a a a a a a a

a Lok Adalat (4) To encourage the public to settle their outside the normal court procedure (5)
a a a a a a a a a a a a a a a

a To allow the public to participate in the justice delivery system.

a a a a a a a a a a a

7
The immensely huge population of India and the less fortunate masses have found the
a a a a a a a a a a a a a

a delivery of justice through regular courts very complex and inefficient. The social conditions
a a a a a a a a a a a a

a prevalent in the Indian society due to the economic structure, a highly sensitized professional
a a a a a a a a a a a a a

a and cheap legal service is required which is effective for the poor and exploited masses. The
a a a a a a a a a a a a a a a

a institution of Lok Adalat tries to resolve the people‘s disputes by discussions, counselling,
a a a a a a a a a a a a

a persuasions and conciliation, which result in quick and cheap justice.

a a a a a a a a a a

The objective of the Lok Adalats in the above paragraph, the purpose of the Lok Adalats has
a a a a a a a a a a a a a a a a

a been to reduce the burden of the courts. Therefore, the Lok Adalats base their decisions on
a a a a a a a a a a a a a a a

a mutual consent and compromise. The Lok Adalat makes the decision only after the parties
a a a a a a a a a a a a a

a have agreed on the amicable settlement and have consented to it. The Lok Adalat is no more
a a a a a a a a a a a a a a a a

a on trial basis in India. It is now a grand success and but needs to be reformed in certain
a a a a a a a a a a a a a a a a a a

a matters. a

The objective of the Legal Service Authorities Act as stated in its preamble is, that the Act is
a a a a a a a a a a a a a a a a a

a enacted by the Parliament to provide free and competent legal services by the State to the
a a a a a a a a a a a a a a a

a weaker sections of the society to secure them speedy justice and to ensure that they are not
a a a a a a a a a a a a a a a a

a deprived of it by reason of economic or other disabilities, and also to organize Lok Adalat
a a a a a a a a a a a a a a a

a with a view to ensure that the operation of the legal system in the country promotes justice
a a a a a a a a a a a a a a a a

a among citizens on a basis of equal opportunity.

a a a a a a a a

In this object contains two important parts viz., the first part of the preamble covers the
a a a a a a a a a a a a a a a

a subject of the society so as to ensure that justice is not denied to them by reason of economic
a a a a a a a a a a a a a a a a a a

a and other disabilities. The later portion of the preamble deals with general object of the Act,
a a a a a a a a a a a a a a a

a which states ―and to organize Lok Adalats to secure that the operation of the legal system
a a a a a a a a a a a a a a a

a promotes justice on a basis of equal opportunity‖. It is broader in its width and sweep aims at
a a a a a a a a a a a a a a a a a

a securing successful operation of the legal system towards effective furtherance and promotion
a a a a a a a a a a a

a of justice among the litigant public. As far as work load pending in all regular courts our
a a a a a a a a a a a a a a a a

a country is concerned, it is a universally acknowledged fact that the courts are saddled with
a a a a a a a a a a a a a a

a heavy and unwieldy burden of arrears of judicial work and it has reached the point of
a a a a a a a a a a a a a a a

a alarming proportion. a

8
LOK ADALAT FOR SPEEDY JUSTICE

In recent times the concept of Lok Adalat has gained popularity. Prison Lok Adalat,
Provident Found Lok Adalat, Labour Law Adalat, etc. are organized to settle disputes, and
naturally many may be curious to know what is Lok Adalat. Lok Adalat means people's
court, in contrast to the regular law courts established by the government. Despite the fact a a a

a that the judicial system in India is well organized with high level of integrity, the law courts
a a a a a a a a a a a a a a a a

a are confronted with four main problems: (1) the number of courts and judges in all grades are
a a a a a a a a a a a a a a a a

a alarmingly inadequate; (2) increase in no. of cases in recent years due to multifarious Acts
a a a a a a a a a a a a a a

a enacted by the Central and State Governments; (3) the high Cost involved in prosecuting or
a a a a a a a a a a a a a a

a defending a case in a court of law, due to heavy court fee, lawyer's fee and including charges
a a a a a a a a a a a a a a a a a

a and (4) delay in disposal of cases resulting in huge pendency in all the courts. In the
a a a a a a a a a a a a a a a a

a Municipal Council, Ratlam, a bench of this court observed: It is procedural rules as this
a a a a a a a a a a a a a a

a appeal proves, 'which infuse life into substantive rights, which activate them to make them
a a a a a a a a a a a a a

a effective. . . the truth is that a few profound issue of processual jurisprudence of great
a a a a a a a a a a a a a a a

a strategic significance to our legal system face us and we must zero-in on them as they involve
a a a a a a a a a a a a a a a a

a problems of access to justice for the people beyond the bunkered rules of 'standing of British
a a a a a a a a a a a a a a a

a Indian vintage', if the Centre of gravity of justice is to shift, as a preamble to the constitution
a a a a a a a a a a a a a a a a a

a mandates, from the tradition of public interest litigation, these issues must be considered. In
a a a a a a a a a a a a a

a that sense the case before us between the Ratlam municipality and the citizens of the Ward is
a a a a a a a a a a a a a a a a

a a pathfinder in the field of peoples involvement in the judicious process, sans which as Prof.
a a a a a a a a a a a a a a a

a Sikes points the system may crumble under the burden of its own insensitivity. In the
a a a a a a a a a a a a a a

a Fertilizer Corporation, Kamagar Union Case the Supreme Court has made the following
a a a a a a a a a a a

a meaningful observations: "We have no doubt that in competition between Courts and streets
a a a a a a a a a a a a

a as dispensers of justice, the rule of law must be with the aggrieved person. In simple terms the
a a a a a a a a a a a a a a a a a

a locus standi must be liberalized to meet the challenges f the times. Ubi jus ibi remedium must
a a a a a a a a a a a a a a a a

a be enlarged to embrace all interest of public minded citizens or organizations with serious
a a a a a a a a a a a a a

a concern for conservation of public resources and directions and correction of public power so
a a a a a a a a a a a a a

a as. to promote justice in its triune facets'. The United States, through Chief justice Warren
a a a a a a a a a a a a a a

a Burger and the American Bar Association, has been experimenting with and discussing non-
a a a a a a a a a a a a

judicial route like arbitration and negotiation as well as simpler judicial alternatives to make
a a a a a a a a a a a a a

a justice a poor man's pragmatic hope. India, like America, suffers from 'litigation neuroses' the
a a a a a a a a a a a a a

a poor are the worst victims because the rich can afford forensic mountaineering while the
a a a a a a a a a a a a a

a needy freezy to death mind-way. It is therefore integral to any Statute under 39A to discover
a a a a a a a a a a a a a a a

9
a imaginatively and innovatively all methodologies of getting inexpensive, early and easy
a a a a a a a a a a

a justice. In the United States, small claims Courts have been tried with success to resolve
a a a a a a a a a a a a a a

a minor disputes fairly and more swiftly than any present judicial mechanisms make possible.
a a a a a a a a a a a a

a There are some other areas of litigation also which mainly concern the common man and
a a a a a a a a a a a a a a

a where a real helping hand can, and requires to, be extended through the Lok Adalats. The
a a a a a a a a a a a a a a a

a U.P. Public Services Tribunal Act, 1975 was enacted with the hope and expectation that it
a a a a a a a a a a a a a a

a will not only relieve the burden of regular civil courts but will help in quicker disposal of
a a a a a a a a a a a a a a a a

a service matters of government servants/other public servants with Public Sector Undertakings
a a a a a a a a a a

a of the U.P. govt. as a step conducive to better and more efficient management of the 'public
a a a a a a a a a a a a a a a a

a services. The situation, however, unfortunately is that the arrears are steadily going up and
a a a a a a a a a a a a a

a pendency at present exceeds 15,000 on the suggestion of this Board, the State govt. has
a a a a a a a a a a a a a a

a accepted that simple categories of pending cases before the services Tribunals may be
a a a a a a a a a a a a

a handled at the Lok Adalats. These categories include cases in which facts are undisputed and
a a a a a a a a a a a a a a

a relief is confined to payment of pensionary benefits, fixation of pay and payment of arrears,
a a a a a a a a a a a a a a

a where impugned order is based on uncommunicated or expunged adverse entries or against

a a a a a a a a a a a a

a which representations made remained indisposed of and in cases in which points involved are
a a a a a a a a a a a a a

a simple and clear. Lists of such cases are under preparation and spadework is in progress for
a a a a a a a a a a a a a a a

a organizing special Lok Adalats at the Boards level for disposal of these cases. At the present,
a a a a a a a a a a a a a a a

a this Board and for that purpose the District Legal Aid Committees are concentrating on the
a a a a a a a a a a a a a a

a disposal of Motor Accident Compensation claims, Matrimonial cases, petty criminal cases
a a a a a a a a a a

a and certain categories of Revenue cases. Once old heavy pendency in the courts is effectively
a a a a a a a a a a a a a a

a contained, efforts will be directed in other areas of litigation also in the service of common
a a a a a a a a a a a a a a a

a man, the backward and poor 'sections of the society. Lok Adalat not only provides relief to
a a a a a a a a a a a a a a a

a the common man by way of early disposal of his matter but also saves his time and heavy
a a a a a a a a a a a a a a a a a

a expense involved in litigation. There is no question of execution, appeal or revision

a a a

proceedings or any other incidental offshoot of the litigation 'when the matter is settled
through compromise at the Lok Adalat. Disposal through compromise brings an end to the
old subsisting tension and bitterness and promotes amity, goodwill and welfare amongst the
litigating parties, also to the benefit of the society as a whole. The programme of Legal Aid
and Lok Adalat is a means of great social service particularly to the poor, backward, ignorant
and exploited sections of the society. It requires to be taken up and implemented with
missionary zeal and in a spirit of service and commitment. In one way or the other I am
associated with this work for quite some years and, I think, it has not only taken ,off but has

10
taken strong roots in this State; with some more cooperation, help and support of all the
concerned, it can gather further momentum.

At initial stages, the Bar expressed strong reactions against the programme of Lok Adalat.
Impression generally formed was that settlements at the Lok Adalats would adversely affect
the purse of the members of the Bar. For that reason there was, overall, lack of cooperation
from the Bar in this work. Over the years, however, position has vastly changed. There is
realization that work in the courts is progressively increasing and there is no dearth of briefs
for the lawyers, who inspire confidence by their contacts, sincerity, ability and hard work.
Furthermore, functional area of the Lok Adalat is limited mainly to the specified categories of
cases and the lawyers in one way or the other remain associated with this work also.
Members of the Bar are usually the leaders of the society and there is obvious realization on
the part of larger sections of the Bar that their cooperation in this work of service to the
needymost litigants should come forward unhesitatingly. No doubt there are difficulties in a a a a a a

a this regard in a few districts of the State but when the matter is put across in the right
a a a a a a a a a a a a a a a a a a

a perspective and a little more persuasively by the District Judge, the programme will receive
a a a a a a a a a a a a a

a cooperation and, I think, would be carried forward smoothly and successfully. At the district
a a a a a a a a a a a a a

a level, District Judges as Chairman of the District Legal Aid Committee and the other judicial
a a a a a a a a a a a a a a

a officers are the persons responsible for carrying out and promoting this work. Being already
a a a a a a a a a a a a a

a heavily busy, they have to snatch tie with difficulty for mediatory work at the Lok Adalats
a a a a a a a a a a a a a a a

a and in organizing and working Lok Adalats on Sundays etc. For achieving better results from
a a a a a a a a a a a a a a

a this programme, it would, I think, be useful to think of some motivational techniques. Human
a a a a a a a a a a a a a a

a nature as it is, incentives carry great motivating force. Reward and punishment is an old
a a a a a a a a a a a a a a

a accepted management technique. Success depends on genuine cooperation and efforts of

a a a a a a a a a a

a those who actually carry forward the programme. The Hontble High Court is accordingly
a a a a a a a a a a a a

a requested to consider this aspect; some monetary advantage or in the form of compensatory
a a a a a a a a a a a a a

a leave may be allowed in one way or the other to the District Judges and other judicial officers
a a a a a a a a a a a a a a a a a

a for the Lok Adalats work done on Sunday and other days. Active cooperation, and
a a a a a a a a a a a a a

a performance in Legal Aid and Lok Adalat programmes may usefully be included to form part
a a a a a a a a a a a a a a

a of annual character roll entries. In a good number of districts of the State, the members of the
a a a a a a a a a a a a a a a a a

a Bar are abstaining from work in the courts on Saturdays. The working days can be utilized by
a a a a a a a a a a a a a a a a

a the courts to promote and step up the progress and speed of the Legal Aid and Lok Adalats
a a a a a a a a a a a a a a a a a

a work. However after a few successful Lok Adalats, the process of distortion started. The very
a a a a a a a a a a a a a a

a same vested legal interests, both among judges and the lawyers, started smelling something
a a a a a a a a a a a a

11
a threatening the system they had created for themselves and their careers. They did not openly
a a a a a a a a a a a a a a

a oppose it but, toyed with the idea of using it to their advantages. Firstly, the Lok Adalats were
a a a a a a a a a a a a a a a a a

a found useful for reducing the burden of the arrears of cases with great ease and without
a a a a a a a a a a a a a a a

a additional burden upon them. Secondly, to show the good performance and success of Lok
a a a a a a a a a a a a a

a Adalats, pending cases which were likely to be settled or compromised were kept pending
a a a a a a a a a a a a a

a and assigned to be placed before the Lok Adalat. Thus, a game of numbers was set off.
a a a a a a a a a a a a a a a a

a Thirdly, Lok Adalats came to be used by judges at all levels for self-imageboosting and career
a a a a a a a a a a a a a a a

a advancement by extravagant publicity and fanfare. The simple puri-subji or khichdi- chhash
a a a a a a a a a a a

a gave way to multi-cuisine dishes. Fourthly, the lawyers who have already received their fees
a a a a a a a a a a a a a

a fully looked upon Lok Adalats as a method of disposing of cases no longer useful for them.
a a a a a a a a a a a a a a a a

a Fifthly, the Lok Adalats that were meant to bring about resolution of dispute on the basis of
a a a a a a a a a a a a a a a a

a equality, fairness, justice and give-and-take deteriorated in course of time into some kind of
a a a a a a a a a a a a a

a invisible, coercive agencies for bringing undue public pressure, particularly pressure from the
a a a a a a a a a a a

a lawyers, judges, and the social workers present in the Lok Adalats for settlement despite its
a a a a a a a a a a a a a a

a being unfair, unjust and calling for one sided sacrifice. Sixthly, the same unjust, unequal,
a a a a a a a a a a a a a

a authoritarian and hierarchical socioeconomic structure of our society which was responsible
a a a a a a a a a a

a for distorting the established justice delivery system engulfed the new system of Lok Adalats
a a a a a a a a a a a a a

a with the result that the poor, weak, needy and deserving side started losing their just fight to
a a a a a a a a a a a a a a a a

a the advantage of rich, affluent, powerful and well off sections. Thus, the haves could have
a a a a a a a a a a a a a a

a their way over have-nots. The former could purchase injustice at a low cost and with
a a a a a a a a a a a a a a

a impunity. Thus, Lok Adalats also met the same fate as had happened to many other well-
a a a a a a a a a a a a a a a

meaning institutions. Many times, good institutions die before their actual arrival and others
a a a a a a a a a a a a

a die on arrival as they slowly undergo a decaying process of metamorphosis and grow into
a a a a a a a a a a a a a a

a something totally different with different and opposite functions.

a a a a a a a

The notion of legal aid conceived wisely by the pioneers of legal world certainly needed
vigorous execution by meticulous planning. The word of caution being very clear that the
traditional legal service programme, which is essentially court or litigation, oriented cannot
meet the specific needs and the peculiar problems of the poor demanded a unique approach to
this socio economic philosophy. As observed by the Supreme Court "We do not think it is a a a a a a a a a a a a

a possible to reach the benefits of the legal process to the poor, to protect them against injustice
a a a a a a a a a a a a a a a a

a and secure them against injustice and secure them their constitutional and statutory rights
a a a a a a a a a a a a

a unless there is a nation-wide legal service programme to provide free legal services to them."
a a a a a a a a a a a a a a

a Under such influence the Legal Service Authority Act, 1987 was enacted to accomplish the
a a a a a a a a a a a a a

12
a vision of providing legal aid to the exploited• masses of this country, whose need till now was
a a a a a a a a a a a a a a a a

a echoed either in the golden words of UDHR or The International Covenant on civil and
a a a a a a a a a a a a a a

a Political Rights or discussed in board rooms of law commission or deliberated by socio

a a a a a a a a a a a a a

a legally concerned groups only. The date provided is a reflection of the realities of the legal aid
a a a a a a a a a a a a a a a a

a scheme on which much of paper and ink has been used.

a a a a a a a a a a

As contemplated by Justice lyer and Bhagwati that the vast millions of Indians, steeped in
a a a a a a a a a a a a a a

a ancient injustice and modern misery have little to hope for from the law, they have much to
a a a a a a a a a a a a a a a a

a shoot against it. In such state of affairs it is imperative for state to take steps to keep the
a a a a a a a a a a a a a a a a a a

a confidence of masses in the justice system breathing. Though the execution of the legal aid
a a a a a a a a a a a a a a

a programme has been yielding favorable results but much more is needed to be reformed. Our
a a a a a a a a a a a a a a

a compilations of the suggestive measures in this area are: a a a a a a a a

Using the various forms of ADRs like Arbitration, conciliation, Negotiation and Mediation in
a a a a a a a a a a a a

a the settling of disputes especially those involving matrimonial problems can prove to be an
a a a a a a a a a a a a a

a effective legal aid tool providing quick and inexpensive justice to the masses Focus on Lok
a a a a a a a a a a a a a a

a Adalats in its true spirit: Lok Adalats, a permanent feature of the functioning of legal services
a a a a a a a a a a a a a a a

a authorities is largely being used as a tool of case management to help the overburdened
a a a a a a a a a a a a a a

a judiciary and not so much as an instrument of the justice delivery to the litigant. If the success
a a a a a a a a a a a a a a a a a

a of the lok adalat stems from negative reasons attributable to be failures of the formal legal
a a a a a a a a a a a a a a a

a system, the utility of this mechanism may also be short-lived.

a a a a a a a a a a

A master plan for judicare cannot succeed without sufficient financial resource. An annual
a a a a a a a a a a a a

a amount of Rs.6 crore is being allocated to NALSA for the execution of its policies. The
a a a a a a a a a a a a a a a

a Committee is of the opinion that this amount is inadequate for such an important scheme and
a a a a a a a a a a a a a a a

a strongly recommends that substantial allocation should be made at Revised Estimate stage to
a a a a a a a a a a a a

a make the functioning of NALSA more effective.

a a a a a a

Free legal aid must not be read to imply poor or inferior legal services. The lawyers in the
a a a a a a a a a a a a a a a a a

a panel should be experienced. The law ministry should ensure the senior lawyers do at least
a a a a a a a a a a a a a a

a ten cases a year free of charge in the Courts.

a a a a a a a a a

13
Lack of awareness is the main impendent in effective 'legal aid'. Efforts should be made to
a a a a a a a a a a a a a a a

a inform the public of the existence of these services by using electronic media and aggressive
a a a a a a a a a a a a a a

a campaigns.

Awareness of schemes and programs to be able to guide the poor litigants in this regard. Thus
a a a a a a a a a a a a a a a a

a we can find a paradigm shift in the approach of the Supreme Court towards the concept of
a a a a a a a a a a a a a a a a

a legal aid from a 'duty of the accused to ask for a lawyer' to a 'fundamental right of an accused
a a a a a a a a a a a a a a a a a a a

a to seek free legal aid'. But in spite of the fact that free legal aid has been held to be necessary
a a a a a a a a a a a a a a a a a a a a

a adjunct of the rule of law, the legal aid movement has not achieved its goal. There is a wide
a a a a a a a a a a a a a a a a a a

a gap between the goals set and met. The major obstacle to the legal aid movement in India is
a a a a a a a a a a a a a a a a a

a the lack of legal awareness. People are still not aware of their basic rights due to which the
a a a a a a a a a a a a a a a a a

a legal aid movement has not achieved its goal yet. It is absence of legal awareness which leads
a a a a a a a a a a a a a a a a

a to exploitation and deprivation of rights and benefits of the poor. Thus it is the need of Khatri
a a a a a a a a a a a a a a a a a

a v Stateof Bihar4 the hour that the poor illiterate people should be imparted with legal
a a a a a a a a a a a a a a

a knowledge and should be educated on their basic rights which should be done from the grass
a a a a a a a a a a a a a a a

a root level of the country. Because if the poor persons fails to enforce their rights etc. because
a a a a a a a a a a a a a a a a

a of poverty administration of justice and instead of knocking the door of law and courts to seek
a a a a a a a a a a a a a a a a

a justice, they may try to settle their disputes on the streets or to protect their rights through
a a a a a a a a a a a a a a a a

a muscle power and in such condition there will be anarchy and complete death of the rule of
a a a a a a a a a a a a a a a a

a law. Thus legal aid to the poor and weak person is necessary for the preservation of rule of
a a a a a a a a a a a a a a a a a

a law.

4
AIR 1981 SC 928
a a a

14
CONCLUSION

Lok Adalats, as it has been again and again iterated throughout the paper, serve very crucial
functions in a country due to many factors like pending cases, illiteracy etc. The Lok Adalat
was a historic necessity in a country like India where illiteracy dominated all aspects of
governance. The most desired function of Lok Adalats may seem to be clearing the backlog,
with the latest report showing 3 crores pending cases in Indian courts but the other functions
cannot be ignored. The concept of Lok Adalat has been a success inpractice.

Lok Adalats play a very important role to advance and strengthen “equal access to justice”,
the heart of the Constitution of India, a reality. This Indian contribution to world ADR
jurisprudence needs to be taken full advantage of. A maximum number of Lok Adalats need to
be organized to achieve the Gandhian Principle of Gram Swaraj and“access to justice for
all”.

Therefore, it may be concluded that the system of Lok Adalat and giving free legal aid to
eligible persons is a very noble one which has helped judiciary not only in speedy disposal of
cases but has given some relief to the litigant, particularly to them who are poor and cannot
afford to claim their right through court of law.

15