LOK ADALAT REPORT

DATE: 13.08.2022

PLACE: National Lok Adalat, District and Additional Sessions Court,

Shivaji Nagar, Pune

NAME: Meet Bare

PRN: 22010122105

COURSE: LLB

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INTRODUCTION

Equal justice for all is a cardinal principle on which the entire system of administration of
justice is based. The greatest challenge to the justice delivery system is the delay in the
disposal of the cases and above all prohibitive cost of litigation. These problems have led to
the development of alternative dispute resolution mechanism. World over ADR is seen as a
serious solution to the problem of never-ending litigation. Article 39(A) of the Indian
Constitution contains provisions relating to “equal justice and free legal aid” which guarantee
each individual the right to get the free legal assistance from court officials. It is the
responsibility of the state to ensure that the functioning of the legal system is based on
Justice, to promote equality of opportunity, and to offer free legal aid to ensure that no citizen
is denied the chance to pursue justice because of his or her financial situation or disabilities.
With these ideals in mind the Indian Parliament enacted the Legal Services Authority Act
1987. The act envisions that no one will be denied access to justice because of disability or
due to economic reasons and aims to educate the public about the law, offer free legal aid and
establish Lok Adalat. Lok Adalat or People’s court were established by the government with
the aim to settle disputes through conciliation and compromise. Those cases are accepted by
Lok Adalat which are pending in the regular courts within their jurisdiction and which could
be settled by compromise and conciliation. With the ever-increasing number of cases the
court system in the country is under great pressure to deliver justice. Except matters relating
to offences, which are not compoundable a Lok Adalat has jurisdiction to deal with all
matters. Lok Adalat is very effective in settlement of money claims. Along with the money
claims, damages, matrimonial cases and partition suits can also be easily settled before Lok
Adalat. Lok Adalat is an attempt for decentralization of Justice and delivery of affordable and
speedy justice to the citizens.

The 1st year LL. B students (Batch of 2022-2025) of Symbiosis Law School, Pune had the
opportunity to visit the National Lok Adalat as a part of an instructional field trip organized
under the course of Development Lawyering Practices. The field trip was organized under the
aegis of the Community Legal and Literacy Cell (CLCL Cell) of Symbiosis Law School,
Pune. The cell was further guided by Prof. Shirish Kulkarni sir, Adv. Sangramjit Chavan sir
and Adv. Chaitrali Deshmukh ma’am. After the students reached the court premises, they
were divided into groups of two and each group was allotted a court room which was being

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presided by a panel consisting of an Ad hoc District Judge, an advocate and an Assistant
Panel judge.

OBSERVATIONS-

The first case that came before the panel was that of loan recovery. The litigant in this case
was HDFC bank who was represented by a lawyer. A notice was sent to Mr. A1 regarding his
appearance in Lok Adalat on the said date to arrive at a settlement for a personal Loan of
thirty-five lakh rupees which he had defaulted on. The bench for the case included a retired
judge who was accompanied by two lawyers. The Litigant told the panel that Mr. A had took
an unsecured loan of thirty-five lakh Rupees from Hdfc Bank, Pune however after a few
repayments cycles he defaulted on repayment on the loan. The loan was borrowed to pay for
his daughter's education, who at the time was enrolled in Toronto, Canada, completing her
final year of Btech degree. For the previous four months, Mr. A had been unable to pay his
Emi. The Litigants lawyer asked for immediate repayment of four months Emi plus any
applicable interest. He made the defendant understand the Reserve Bank of India rules
regarding the repayment of loans. The defendant argued that he was facing financial issues
since he lost his job along with the daughters’ high educational expenses so is unable to pay
the Emi for the last few months. The plaintiff asked Mr. A to begin making partial payments
to the bank and begin making regular EMI payments starting the following month. The
defendant’s financial situation wasn’t great but he told the judges that he is ready to start the
payment process in few days and requested the panel for some time. The litigant told the
judge that the Mr. A had already failed to pay four months Emi and that such matters are
taken to higher courts but the bank is keen to resolve this issue here itself and not take the
matter for litigation. Mr. A stated to the panel that he is ready to pay the loan amount and
requested the court again that he does not wish to call back his daughter from Canada as she
is in the final year of her degree programme and is on the verge of securing a job which
would make it easy for him to repay the loan money. The panel asked Mr. A to show
willingness to payback the money and asked him to make partial payment to the bank for the
time being. The judge further explained to the defendant that if he fails to repay the money
back the bank is entitled to file criminal charges against him following which he will have to
fight his case in the court for which he will have to pay for the lawyers’ fees and visit the
court many times. This will not only cost a lot of money but also lead to wastage of time and
1
Name has been replaced with ‘A’ to ensure confidentiality.

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resources. Instead, if he does a partial payment and start regular payment of the EMI’s the
bank wouldn’t have to go for litigation and there will be no criminal case registered in his
name. The bank was asked to give Mr. A few days to make the partial payment before they
file litigation against Mr. A. Both the parties agreed with the terms set by the panel.

After the settlement award was decided, the Panel gave their personal observation saying that
settling cases of loan recovery in Lok Adalat’s lessens the burden on the courts to a great
extent as there are various cases of these nature and they more often than don’t need the
court’s attention. In this case I observed that due to mediation of Lok Adalat both the parties
came to a solution and thereby for the time being avoided the matter to go into litigation.

Matters that are currently pending in a court of law are also referred to the Lok Adalat. We
got to witness a case like this in the family court building of the District and Additional
Sessions Court, Shivaji Nagar, Pune. This was a divorce case which was filed in the year
2018. The case number was 1293/2018. The petitioner was Mr. B (Husband) 2 and the
respondent was Mrs. C (Wife)3. Although they were married in 2007, the couple has
frequently lived alone. They have a 11 years old daughter. After a few years of marriage, the
couple started to have problems in their marital life. They frequently engaged in violent
fights as well. The wife claimed to the panel that there had been times during their marriage
when the husband had kept work-related information secret from her and that he was also
abusive and short-tempered. Although they had mutually chosen to take a divorce in 2018,
the woman now wants to live with her husband once more. She further claimed that her
husband was uncommunicative and uninterested in marriage. Denying the accusations made
against him by his wife, the husband said she was the one who used violence and frequently
humiliated him in public. He informed the panel that there were caste and religious
differences between them. He told the panel about the time his wife destroyed Hindu idols
and prevented him from exercising his right to pray. Additionally, his father-in-law had made
threats on numerous occasions. He told the court that he had to move to Mumbai in 2015
away from his wife because his wife asked him to leave the house. He cleared his stand to the
court their marriage even if his wife wants to live again together, he doesn’t want to come
together and wants to end the marriage and promised that he’ll pay monetary compensation to
his wife if they separate. He said over the last few years he had taken a lot of efforts to get
together and clear out their differences but the arguments and differences have never stopped.

2
The name has been changed to maintain confidentiality
3
Names of the parties have been replaced by ‘B’ and ‘C’ to maintain confidentiality

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After hearing both the parties the court made its position known that the first choice of the
court will be to save the relationship and find compromise between the two. The court further
reminded the couple of their eleven-year daughter and how their separation might affect her
as she is still in her tender age.

The panel asked the couple for the sake of their daughter that come together as father and
mother if not as husband of wife. He asked the parties to come together and clearly talk out
the differences that exist between them. Mrs. C told the court that she is not ready for the
divorce and wants to live again with her husband. She told the panel that it is very difficult to
live as a single mother and so separation might be too harsh for her and her daughter. On this.
Mr. B said that he sees no point in continuing in marriage and in case of divorce he is ready
to take full custody of their daughter and if not, he is ready to pay seventy-five lakh rupees to
his wife over the next ten years for the education and of the wife and daughter.

The couple had two alternatives left open to them by the court: one was to put their
differences behind them, compromise, and reunite for their daughter; the other was to pursue
a divorce. Consequently, we could see how the Lok Adalat performs a variety of
responsibilities. It functions as an arbitrator as well as a conciliator. On asking the panel for
their personal observations they explained that cases related to marital issues take most time
to resolve and settle as neither party wants to step back and compromise. There is also a
revenge mindset in many cases.

ANALYSIS AND SUGGESTIONS-

The Lok Adalat is a platform for alternative dispute resolution, and it has both advantages
and drawbacks. While the underlying concept and goals of the Lok Adalat are admirable, the
attitude and desire of the parties to reach a mutually beneficial settlement are crucial to the
success of the Lok Adalat. In cases such as that of property and custody are extremely
difficult to resolve in short periods of time as it involves a lot of sentiment and human
emotions, pulling the parties back from arriving at a settlement.

The Lok Adalat is an innovative Indian contribution to the global jurisprudence. The Lok
Adalat is an innovative Indian contribution to the global jurisprudence. It is one of the
efficient alternative dispute resolution mechanisms that have the potential to provide
amicable settlements of differences. It also provides for an inclusive justice as envisaged by
the Constitution of India. The Indian Judiciary is under immense pressure with cases pilling
up every day the Lok Adalat greatly help in reducing the pressure by dealing with minor

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cases with do not need the interference of the higher courts. The process is cost effective and
deliver speedy justice. One drawback that I observed during my visit to the Lok Adalat was
the practice of the banks to get the matters settled outside the court. I observed two such cases
where the lawyer of the bank had settled the matter before keeping their case in front of the
panel. There is lack of transparency in such matters as we do not know what negotiations
have taken behind because the defendant is being pressured by the bank and is afraid of legal
action. Action needs to be taken to rectify such practices. If the small gaps are filled Lok
Adalat’s can emerge as the most effective tool in reducing tendency of cases.

REFERENCES:

1. The Legal Services Authorities Act, 1987