Lok Adalat and Legal Aid play crucial roles in India's legal system, ensuring accessible justice and fair dispute resolution for all citizens. Here’s an overview of their significance and impact:
Lok Adalat, meaning "people's court," offers an alternative dispute resolution mechanism. It operates outside traditional courts, empowering ordinary citizens to resolve disputes amicably. Established in 1982, Lok Adalat gained statutory status under The National Legal Services Authorities Act of 1987, aiming to streamline justice delivery.
According to the National Legal Services Authority Act, 1987, legal aid ensures free legal services to economically disadvantaged individuals. Although not explicitly mentioned in fundamental rights, it's implied under Articles 14 and 21 of the Constitution. Legal aid strives to uphold justice for all, regardless of financial constraints.
Under Section 18(1) of the Act, Lok Adalat settles cases that are pending or fall within its jurisdiction, excluding compoundable offenses and divorce cases. It handles disputes at both pre-litigation and litigation stages, fostering speedy resolutions through mutual consent.
The Khatri v. State of Bihar (1981) case highlighted severe human rights violations, where police blinded under-trial prisoners. The Supreme Court mandated free legal aid for the victims, emphasizing the state’s duty to protect life and property under Article 21.
Lok Adalat exercises powers akin to civil courts under the Civil Procedure Code, 1908. It devises its procedural norms, treating proceedings as judicial under relevant penal and criminal codes. Decisions made are binding and non-appealable in conventional courts.
At the national level, NALSA oversees legal aid initiatives, promoting justice and organizing Lok Adalats. It operates under the guidance of the Chief Justice of India and senior judges, ensuring effective implementation across states and districts.
Challenges include low awareness, inadequate funding, and procedural complexities. Solutions entail enhancing public awareness through legal literacy programs, augmenting budgetary allocations, and integrating technology for efficient case management.
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