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Kerala Lok Adalat

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Kerala State Legal Services Authority
Jurisdictional structure
Federal agencyIndia
Operations jurisdictionIndia
General nature
Operational structure
HeadquartersMember Secretary, Office of the Kerala State Legal Services Authority,Niyama Sahaya Bhavan,High Court Compound Ernakulam , Kochi – 682 031 .[1]
Agency executive
  • Hon’ble Mr. Justice Sanjay Karol., Chief Justice, Kerala High Court, & Patron-in Chief.
Website
kelsa.gov.in/lokadalat.htm

Kerala Lok Adalat or Kerala State Legal Services Authority (People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Kerala. The Kerala Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of "ACCESS TO JUSTICE FOR ALL". It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably.[2][3] It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties.[3] Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat (in the absence of any provision for appeal against such award).[3][4]

"Section 22 B of The Legal Services Authorities Act 1987 provides for the establishment of Permanent Lok Adalats (PLA) for exercising jurisdiction in respect of one or more public utility services (PUS). Section 22 A of The Legal Services Authorities Act 1987 states what constitutes 'Public Utility Services' for the purpose of Permanent Lok Adalat".[5]

History and administration

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Kerala Lok Adalat formed under Legal Services Authorities Act, 1987 and to implement the provisions of Constitution which had been drafted to help every citizen to get justice irrespective of their economic or other limitations.[6][7][8] The primary value laid down as per Indian Constitutional philosophy is individual dignity which forms the basis of human rights and demands on a holistic basis of civil, political, economical, social, and cultural rights.

Kerala Lok Adalat is formed with objective and purpose of ensuring and providing visible, practical and positive initiatives ensuring equality and non bias decisions as laid down in Constitution of India and assumes significance due to illiteracy and poverty prevalent in India.[9]

Lok Adalats are constituted at below levels:[10]

  • State Authorities.
  • High Court.
  • District and Taluk level.

1. Chairman.

2. Secretaries.

  • Mandal Committees.
  • Mediation Centres.

Types of Lok Adalat:

  • Permanent Lok Adalat - Provides mechanism for adjudging cases referred under public utility services like transport, postal and telegraph.
  • National Lok Adalat - Held from year 2015, every month on specific topic across India. These are held on a single day disposing off large number of pending cases.
  • Mega Lok Adalat - Held across all courts in state in a single day.
  • Mobile Lok Adalats - These types of Lok Adalats are organised occasionally which travel from one place to other across country occasionally and help resolving disputes.

Kerala State Legal Services Authority in association with SAMA, a Bengaluru-based online dispute resolution organisation, organised first online Lok-Adalat of October'2020.[11]

Hon'ble Chief Justice Sanjay Karol, Kerala High Court, is current Patron-in-Chief of Kerala State Legal Services Authority.

Lok Adalat committee and complaint procedures

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Lok Adalat settles disputes which can be mutually resolved[12] and mostly relating to matrimonial, damages and partition suits. The following are the requirements of the cases before Lok Adalat:

  • Lok Adalat takes up cases which are civil in nature (including marriage, and family disputes) and compoundable criminal cases.[13]
  • It accepts cases pending in regular court under their jurisdiction.[11]
  • The main condition of the Lok Adalat is that both parties in dispute agree for settlement.[14]
  • The court fee paid initially in the court for the complaints/petition is refunded to the parties, as no court fee is chargeable if a matter referred in the Lok Adalat and is resolved with parties agreeing to bind by it.
  • Procedural laws and the Evidence Act are not strictly followed while assessing claims.
  • Decisions are binding on the parties and its order is capable of execution through legal process.

The following types of cases can be admitted in Lok Adalat.

1. Any dispute or case pending in any court of law in India.

  • Criminal offences which are compoundable.
  • Cases under section 138 of Negotiable Instruments Act.
  • Issues relating to recovery of money.
  • Issues under Indian Motor Vehicles Act,1988.[15]
  • Issues relating to labour disputes.
  • Issues relating to public utility bills like electricity, water etc. excluding Non Compoundable offences.
  • Issues relating to Matrimony.

2. Any dispute to be planned to filed in Court but did not come up for hearing in front of it. Following Pre-Litigation cases can also be filed in Lok-Adalat.

  • Cases under section 138 of Negotiable Instruments Act.
  • Cases relating to recovery of money.
  • Issues relating to labour disputes.
  • Issues relating to public utility bills like electricity, water etc. excluding Non Compoundable offences.
  • General Maintenance related disputes.
  • Other Miscellaneous cases which are civil disputes, criminal compoundable cases and matrimonial disputes.

However, any legal issue which is not compoundable as per the Indian Legal Systems cannot be taken up in the Lok Adalat.

As the members are presiding Lok Adalat as statutory conciliators and not in judicial capacity they can only persuade the parties to come to a settlement. Sometimes counselling sessions are also held between opposing parties. The main condition of the Lok Adalat is that both parties in dispute agree for settlement and if they are unable to do so, it is referred to the Permanent Lok Adalat for deciding the case provided the case is not related to compoundable offence.

Kerala Lok Adalat, as per Supreme Court judgement, is formed to arrive at a compromise or solution between parties in dispute and hence does not have jurisdiction to go into merits of complaint.

Details of cases resolved

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  • Kerala Lok Adalat under National Lok Adalat organised Lok Adalat in Thiruvananthapuram District resolving 935 cases with settlement amount of Rs 27 crore to claimants related to various cases.
  • Kerala Lok Adalat was referred settlement case relating to fishermen died due to accidental firing by Italian Marines by Kerala High Court.[14]

See also

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References

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  1. ^ "Lok Adalat - KELSA". kelsa.gov.in. Retrieved 1 January 2022.
  2. ^ "e-Lok Adalats settle 2,232 cases in Odisha". Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST. 23 November 2020. Retrieved 26 December 2021.
  3. ^ a b c "Lok Adalat". thehansindia.com. 25 April 2018. Retrieved 28 September 2021.
  4. ^ "Lok Adalat". nalsa.gov.in. 2019-02-26. Retrieved 2021-07-16.
  5. ^ "Permanent Lok Adalat" (PDF). Haryana State Legal Services Authority. Archived from the original (PDF) on 2021-09-20. Retrieved 2022-01-01.
  6. ^ Kumar, Dr Ashok (9 September 2021). Alternative Dispute Resolution System in India. K.K. Publications. ISBN 978-93-82657-09-5. Retrieved 25 December 2021.
  7. ^ Khan, Sarfaraz Ahmed (2006). Lok adalat : an effective alternative dispute resolution mechanism. New Delhi: A.P.H. Pub. House. ISBN 81-7648-868-2. Retrieved 30 December 2021.
  8. ^ "Lok Adalat: A Critical Analysis". Jus Dicere. 16 June 2020. Retrieved 1 January 2022.
  9. ^ "Significance of Lok Adalats in present scenario". legalservicesindia.com. Retrieved 1 January 2022.
  10. ^ "Lok Adalats unclog a choked justice delivery system". Deccan Herald. 26 September 2021. Retrieved 28 September 2021.
  11. ^ a b "Online Lok Adalat in October". The Hindu. 2 September 2020. Retrieved 1 January 2022.
  12. ^ "2G court correct in not referring LTL matter to Lok Adalat: Supreme Court | India.com". india.com. 18 November 2016. Retrieved 28 December 2021.
  13. ^ "Lok Adalat settles over 5,000 cases in Kerala". oneindia.com. 9 November 2006. Retrieved 1 January 2022.
  14. ^ a b "Kerala High Court: Lok Adalat to decide on compensation | Kochi News - Times of India". The Times of India. 21 April 2012. Retrieved 1 January 2022.
  15. ^ "National Lok Adalat orders Rs 27 crore to beneficiaries". The New Indian Express. 12 December 2021. Retrieved 1 January 2022.
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