LOK ADALAT AND LEGAL AID: BRIDGING THE GAP FOR JUSTICE BY: - SMT. VARSHARANI KUNDLIK GANGARDE & SMT. GEETA APPASAHEB PATIL
LOK ADALAT AND LEGAL AID: BRIDGING THE
GAP FOR JUSTICE
AUTHORED BY:
- SMT. VARSHARANI KUNDLIK GANGARDE
& SMT. GEETA
APPASAHEB PATIL
Class: - LL.M
2nd Year, Semester: III
(2024-2025)
Progressive
Education Society's Modern Law College, Pune
Savitribai Phule
Pune University, Pune 411007
ABSTRACT:
The concept of Lok Adalat and Legal aid, as seen through the lens of
principle of natural Justice, aligns with the idea that certain
rights and justice
are inherent in nature and required to be available
to all individuals, regardless of their socio-economic status. In the
context of legal aid, there are fundamental rights and principles that
exist independently of human-made laws. According to natural law, there is moral
and ethical imperative to ensure that everyone has access to justice and legal
assistance when needed. This stems from the belief that justice is a
fundamental aspect of a just and orderly
society. The idea is to bridge the gap between
those who may not have the financial means to afford legal representation to seek justice and
others who has everything. While the concept
of lok adalat and legal aid underlying principles of justice, fairness and the
protection of basic human rights align with the notion that legal assistance should be accessible to all, irrespective of economic considerations.
In the pursuit of a just and equitable society, the concept of legal aid plays a pivotal role.
Rooted in both the principles of natural justice and enshrined within the framework of the Indian legal
system, the provision of legal aid ensures that justice is not a privilege confined to the fortunate
few but a right accessible to all.[1] This
article delves into the foundations
of Lok Adalat and legal aid, examining its philosophical underpinnings in
natural law theory and its
practical implementation in the Indian legal landscape especially enlightening provisions prescribed under specific
Legal Services Authorities Act, 1987 and Constitutional law.
Introduction:
The concept of Lok Adalat and legal aid is deeply rooted in the principles
of justice and fairness. In the context of legal aid, natural law
advocates for the idea that access to justice is a fundamental right, and barriers to this access go
against the inherent principles of fairness and equity. In this context, the provisions of Lok Adalat and
legal aid aligns itself with the fundamental notion that justice should be accessible to all, irrespective of socio-economic status.
That Indian legal system
has upheld the concept of legal aid as paramount aspect and enacted legal
provisions in view of providing legal assistance to all who has no means to seek legal
representation.[2]
The Legal
Services Authorities Act, 1987, was enacted by the Central
Government of India pursuant to Article 39-A of
the Constitution
of India and the recommendations of its committees. The Legal Services
Authority Act, of 1987 came into effect
on 9th November 1995, following the Amendment Act of
1994, which introduced several amendments to the main Act. According to this Act, the economically weak, the
backward, and the disabled are eligible to receive legal aid. In 1971, Justice P.N.Bhagawati introduced the legal aid scheme,
which was overseen
by the Legal Aid
Committee. On 5th December 1995, the National Legal Services Authority was
established by Justice R.N. Mishra, which was an important contribution to the implementation of the Act.[3]
There are different levels of legal aid, including provisions for legal
assistance to illiterate, poor, and
physically challenged individuals who are unable to access the courts due to
their ignorance of the law or financial limitations. Anyone who qualifies for legal aid under Section 12 of the Act, may obtain legal assistance under the Act. The National Legal Service Day (NLSD) was declared on November 9, 2009, the day the law came into force. As stated
under the Act, the legal aid is to be
provided by the State, District, and Taluk Legal Service
Authorities/Commissions formed throughout
the country in order to bring about a re-dedication to ensure equality of
opportunity and fairness to all
individuals. Through its various forms of legal assistance, the NLSD promotes equal
opportunity and justice for all
citizens.[4]
The Act envisions that no one will be denied access to justice because of
disability or economic reasons, and
aims to educate the public about the law, offer free legal aid, and establish
Lok Adalats. As a result of the
creation of Lok Adalats, the process of dispensing justice has been revolutionized in the country. There
remains a large number of pending cases in the courts of the country.
A number of measures
have already been taken by the government to reduce the number of pending cases. In addition
to providing a supplementary forum for conciliatory settlements, the plan
achieved success in providing an additional forum for
litigants.[5]
The concept of Lok adalat and legal aid recognizes the inherent dignity
and worth of each person,
irrespective of their socio-economic status. In the realm of natural law, the
provision of legal aid is not merely
a legal obligation but a moral imperative. It reflects the understanding that justice cannot be contingent upon one's
ability to afford legal representation. By ensuring access to legal aid, societies uphold
the fundamental principles of fairness, equality, and the protection of individual rights
as dictated by natural law. Free legal aid, in this sense, becomes a vehicle
for ensuring that individuals,
regardless of their financial means, can access the legal system. This aligns with the natural law principle that justice should not be a privilege
reserved for the wealthy but a right extended
to all members of society.[6]
Safeguarding Basic
Rights:
That the protection of basic human rights, such as the right to life,
liberty, and property.Legal aid plays
a crucial role in safeguarding these rights by providing legal assistance to
those who may otherwise be unable to navigate the legal system.
This ensures that individuals are not deprived
of their fundamental rights due to financial constraints.[7]
Promoting Social
Justice:
Natural law theory
inherently promotes the idea of social justice,
wherein the legal
system operates to create a fair and equitable society. The provision of free legal aid serves as a practical manifestation of this theory,
as it seeks to rectify
imbalances and empower
marginalized individuals who
might otherwise be disenfranchised within the
legal framework.[8]
Analysis of the Legal
Services Authority Act, 1987
The Act provides many types
of legal services
to the general public:
Free legal awareness
This Act is primarily intended for the public to make them aware of laws
and schemes issued by public
authorities. The Legal Service Authority teaches some portions of the rules of
law to the individuals. Legal camps
and legal aid centres are organized by authorities so that the general public can seek advice from the legal aid
centres located near their homes or places of work. The legal guides and centres can help
address the grievances of ordinary
people as well.[9]
Free
legal aid counsel
A person who wants to defend or file a case in a court of law but does
not have the means to hire an
advocate can seek the assistance of a free legal aid attorney. The Act states
that free legal aid counsel
is available, and the Council is responsible for assisting needy individuals to obtain justice.
By adopting and establishing this philosophy, the Indian Courts should
be freed from the burden of adjudicating the cases. A Lok Adalat was held for the first time in Gujarat on 14th March 1982 and succeeded in resolving many disputes pertaining to labour disputes, family disputes, and bank recoveries. Lok Adalats are the primary
method by which the legal services authorities decide disputes. Our Indian courts have a huge backlog of cases, and it
takes an extremely long time to resolve disputes
under judicial supervisio[10]
Lok Adalat was, thus, seen as an Alternative Dispute Redressal (ADR)
mechanism that was reliable,
efficient, and friendly in resolving disputes. Lok Adalats can be constituted
by the legal services authorities at
such spans and locations to exercise the authority of their jurisdiction in such areas as they think fit. There is a mix of lawyers and non-lawyers on the Lok Adalat bench in order for it to possess
a superior understanding of the dispute
and convince both parties to reach a mutually
agreeable compromise.[11]
Objectives of Legal Services
Authority Act Indian
Legal System:
The Indian legal system, cognizant of the diverse socio-economic
landscape, has integrated the concept of legal aid as a constitutional mandate.
Article 39A of the Constitution of India embodies
this commitment, proclaiming that the State shall secure
that the operation
of the legal system and promote justice
on the basis of equal opportunity and ensures that opportunities for securing justice
should not denied to any citizen
by reason of economic or other disabilities. Article 39A is a pivotal
provision within the Directive Principles of State Policy
in the Indian Constitution, embodying
the commitment of the state
to secure justice for all its citizens. Enshrined as part of the Directive Principles in the Constitution's Part IV,
Article 39A reflects a visionary approach to justice, emphasizing the principles of equality before the law and the right to legal aid. This constitutional provision underscores the state's responsibility to create a
legal framework that facilitates access to
justice for all, irrespective of socio-economic backgrounds. It acknowledges
that economic disparities should not
be a barrier to obtaining justice and emphasizes the need for affirmative action to
address such disparities.[12]
One of the key aspects of Article 39A is the mandate for the state to
provide free legal aid. The framers
of the Constitution recognized that the inability to afford legal
representation should not hinder
an individual's access to justice. To give effect to this provision, the government has enacted various legislations and established
schemes to ensure the availability of legal aid to those in need.[13]
Article 39-A of
Constitution: Equal Justice
and Free Legal Aid.
By appropriate legislation or schemes, or in any other way to ensure that opportunities for securing justice
are not denied
to any citizen because of economic disabilities, the state shall
ensure that the operation of the legal system
promotes justice, based on equal opportunity. In particular, the state shall provide free legal aid.[14]
In the landmark case that pertains to the principles of justice and legal aid is Hussainara Khatoon v. State of Bihar.
In this case,
the Supreme Court of India
emphasized the right to speedy
trial and held that the state is under an obligation to provide free legal aid to accused
person for whom it is difficult secure legal representation.[15]
In the landmark case of Khatri v.
the State of Bihar, Hon'ble Justice P.N. Bhagwati made it is mandatory for Session Judges to make aware
the accused of their rights to have free legal aid and to give advice to such person if that person unable to appoint
a counsel to defend themselves because poverty.[16]
In the case of Suk Das v. Union
Territory of Arunachal Pradesh, Hon'ble Supreme that India has many illiterate people who are unaware
of their rights. And because of which, it is critical to develop legal literacy and awareness among the general public
and it is also an essential component
behind legal aid.[17]
In Centre of Legal Research
v. State of Kerala it
has been held that in order to In order
to achieve the objectives in article 39A, the state must encourage
and support main participation of voluntary organisation and social action
groups in operating
Legal Aid programme. Legal programme which
is mean to bring Social
justice to the people cannot
remain confine d to the traditional or litigation oriented program but it must take into
account the social economic conditions prevailing in the country and adopt a more dynamic approach. The voluntary
organisations must be involved and supported for implementing legal in programme
and they should
be free from government control.[18]
In a notable judgment State of
Maharashtra v.Manubhai Bagaji Vashi the Supreme Court has held that article 21 read with article 39A
cast a duty on the state to afford grants-in-aid to recognised private law colleges, similar to other faculties,
which qualify for receipt of grant the wholesale duty cast on the state cannot be whittled down in any manner either
my pleading paucity
of funds or otherwise.[19]
In the case of Md. Ajmal Md. Amir
Kasab Vs State of Maharashtra Hon’ble Supreme Court held that : it is the duty and obligation of the Magistrate
before whom a person accused of committing
a cognizable offence is produced to make accused person aware that he has right
to consult with and be defended by a legal practitioner and in case if he
has no means to engage a lawyer of his choice,
that state must provide
such person legal aid at the expense
of the State.[20]
Section 304 of the code of the criminal procedure: reads
as under :-
(1)
Where,
in a trial before the Court of Session, if it appears that the accused is not
represented by a pleader, and that
the accused has no sufficient means to appoint a pleader, the Court shall order to
assign a pleader for his defence at the expense of the State.
(2)
The High Court with the previous
approval of the State Government may make rule providing for -
(a)
the mode of selecting pleaders for defence
under Sub-Section (1);
(b)
the facilities to be allowed to such pleaders by the Courts;
(c)
the fee payable to such pleaders
by the Government, and generally, for carrying out the purposes of Sub-Section (1).
(3)
The State Government may, by notification, direct that, as from such date as may
be specified in the notification, the provisions of Sub-sections (1) and (2) shall apply in relation
to any class of trials
before other courts
in the State as they apply in relation to trials before
the Courts of Session.
This section enables
Session Court to assign a pleader for the purpose
of defence of the accused
at the expense of the state provided he is unrepresented and if court is
of view that he has no sufficient
means to appoint a pleader. The selection of such pleader, the facilities to be
provided to him and remuneration are
to be governed by the rules framed by the high court with previous
approval of the state government.[21]
In Mah.Chand v.State of Delhi, it was held that "Indigence should
never be ground for denying fair trial or equal justice... particular attention should be paid to appoint competent
advocates, The accused petitioner was convicted or
various offences under the penal code. He was in custody for the entire period
of 1& 1/2 years. No Counsel was provided. It was held that it was a case of grave illegality.[22]
In the criminal appeal State of Harayana v. Ram Diya, the counsel
appointed by the court for the accused
was not present at the time of the hearing. The appeal was disposed of without
hearing him. It was held that the case be remanded
for fresh hearing.[23]
The Supreme court of India has held in Khatri v. Bihar that the
obligation to provide legal aid to the
indigent accused does not arise only when trial commences but arises right
since the accused produced before
the nearest Magistrate as required by section 57 of the code of criminal procedure
and Article 22(1) of the Constitution.[24]
In Ranjana Diwivedi
v. Union of India, Hon'ble
Supreme Court directed
that however the accused cannot
obtain a writ of mandamus
for enforcing this obligation he must apply for it under section 304.[25]
The Supreme court of India has held that a conviction of an accused
given in a trial in which
accused was not provided legal aid would be set aside as being in violation of Article 21 0f the Constitution.[26]
The accused had plead guilty. He was convicted without appointing a
counsel for the accused under the legal Aid Scheme. It was not vitiated when the trial
judge was satisfied about plea being
voluntary, genuine and true.[27]
An accused having sufficient means cannot claim for free legal aid
assistance of a lawyer at the expenses
of State, particularly when he
has already engaged a defence counsel of his choice.[28]
In Rajiv Gandhi
murder case, lawyers
appointed to defend
the indigent accused
persons moved to the
High Court for raising their fees as to make it at par with that of prosecution
lawyer on the principle of 'equal pay for equal work,' as they
would be getting
only rupees 50 a day as permitted
under rule 9 of Legal Aid to poor accused rules, 1976. it was held that
'equal pay for equal work' rule was
not attracted as the criteria in the appointment of prosecution lawyers is
different from those of the defence
as free Legal Aid to indigent persons. however, the remuneration of each defence lawyer appointed as such was fixed
as the high court deemed reasonable, fair and just in the circumstances.[29]
An accused in session trial applied to be provided
a particular lawyer
at state expenses
as envisaged u/s.304 Cr.P.C., but another lawyer was
appointed to depend him. The high court held that when an accused is capable of engaging a lawyer of his choice, no
Court could be deny him that right, but
when he was not in a position to engage the services of any lawyer, and prays
for being provided with a lawyer at State expense, it would be choice of the court, and not of the accused to choose
a lawyer for defending him. The court is not under a legal obligation to permit
such choice.[30]
The Legal Services
Authorities Act, 1987 and Constitution.
To concretize this constitutional directive under Article 39A, the Legal
Services Authorities Act, 1987 was enacted.
This legislation established legal services authorities at various levels
to provide free and competent
legal services to the economically weaker sections of society, ensuring that justice is not a distant ideal but a
tangible reality for all citizens.The Legal Services Authorities Act, 1987, was enacted to implement the constitutional mandate.
It established the National Legal Services
Authority (NALSA) at the national level and State Legal Services Authorities
(SLSAs) at the state level and
District Legal Services Authorities (DLSA). These authorities provide free legal aid
and services to eligible individuals.
The Legal Services Authorities Act, 1987, is a significant legislation in
India aimed at providing free and competent legal services to the weaker
sections of society
to ensure that opportunities for securing justice
are not denied
to any citizen due to economic or other
disabilities.
Key features of the Act include the establishment of legal services
authorities at the national, state,
and district levels to provide free legal services to eligible
individuals. These services encompass not only representation in courts
but also legal advice, preparation of legal documents, and more.
The Act outlines the criteria
for individuals to qualify for free legal aid, emphasizing the importance of
ensuring justice for marginalized and disadvantaged groups. It also promotes
the settlement of disputes through
alternative methods like mediation and encourages the organization of legal awareness
programs.[31]
The primary goal of the Legal Services
Authorities Act is to bridge
the gap between
the privileged and the underprivileged in accessing justice.
By providing legal aid and assistance, the legislation seeks to uphold the principles of equality
and justice for all.
Structural Organization under Legal Services
Authority Act
As a result of the Legal Services Act, a National
Legal Services Authority (NALSA)
was established as the apex body for regulating the legal aid provisions. State Legal Services
Authority (SALSA) handles
the implementation of NALSA’s powers at the state level, which delegates further
to a number of organizations. NALSA is considered
to be an alliance between the State, Social Action Groups, individuals,
and non-profit organizations that have their presence from the grassroots level to the state level.
National Legal Services Authority (NALSA)
In response to Section 4 of
the Act, NALSA has been established to provide free legal aid to all citizens
of the country. The body has been established by the government. It is headed
by the Chief Justice of India, patron-in-chief. The executive chairman
of the organisation is a retired or serving judge
of the Supreme Court of India. The nominees are selected by the president after consultation with the Chief Justice of India. An
advisory committee referred to as the Supreme Court Legal Services Committee is formed by the
central authority. A significant
objective of the NALSA is to ensure
that justice is equally distributed among citizens, regardless of economic or other factors.
The main responsibilities of NALSA
are the following:
·
Through legal aid camps, the organization promotes
legal aid in slums, rural and labour colonies,
as well as disadvantaged areas. It plays an important role in providing
education about the rights and needs of the people who live in such areas. Lok Adalats are also formed
by the authority to settle disputes between these people.
·
Amongst other things, it is primarily concerned with
providing legal services through clinics
in law colleges, universities, etc.
·
Arbitration, mediation, and conciliation are all methods that are used by these organizations to settle disputes.
·
The organisation provides grant aid to institutions
that provide social services at the grassroots level
to marginalised communities from various parts of the country.
·
Research activities are also conducted
to improve legal services for the poor.
·
Ensures that citizens
commit to the fundamental duties they have been entrusted
with.
·
As part of the proper implementation of the schemes
and programmes, they tend to evaluate the effectiveness of the actions
taken for the legal aid problems at specific intervals
so that the correct functions
are being performed.
·
Through the policy and scheme they laid down, the body
ensures that the legal services could
be made available to the general public. Through these schemes, the body is
able to provide the most economical and effective legal services
·
Financial matters are handled by this body, and the funds allocated
by it are allocated to respective district
and state legal services
authorities.[32]
In NALSA v. Union of India (2014) the National
Legal Services Authority of India (NALSA)
filed this case to recognize
those who are outside the binary gender distinction, including individuals who identify as “third gender”. There was
a question that the Court had to address regarding the recognition of people who do not fit into the male/female binary
as “third gender” individuals. During the discussion, the panel deliberated whether ignoring non-binary gender identities constitutes an infringement of Indian Constitutional rights. For developing its judgment, the panel referred
to an “Expert Committee
on Transgender Issues” established under the Ministry of Social Justice
and Empowerment.
There is no doubt that this was a landmark
decision because the Supreme Court of India recognised the identity of ‘third gender’ and
transgender persons for the first time. In its judgment, the Court recognized that third-gender individuals
had fundamental rights under the Constitution and the International Covenant. As a result,
the government of the state was directed
to develop mechanisms for the realization of the rights of “third gender”/transgender individuals.
According to the Court, the concept of ‘dignity’ under Article 21 of the
Constitution includes all forms of self-expression, which permits a person to live a dignified life. The rights
to dignity under Article 21 include the right to gender
identity.
The Apex Court stated that Article 14 and Article 19(1)(a) were framed in
gender-neutral terms, and thus,
the right to equality and freedom of expression would
extend to transgender persons also. Transgender persons all over society are
subject to “extreme discrimination” which is a violation of their right to equality, which is illustrated by the fact
that they are treated as second-class citizens. Furthermore, under the freedom
of expression, it was indicated
by the Court that the right
to express one’s gender was included
by dressing, speaking, acting, or acting
in a manner consistent with their gender identity.
Thus, Articles 14, 15, 16, 19(1)(a)
and 21 of the Constitution
confer fundamental rights on transgender individuals. The Court also relied on the Yogyakarta Principles and core international human rights treaties while recognizing
the human rights of transgender people. To reduce the stigma against transgender communities, public awareness programs were held to be necessary by the Court.
State Legal Services Authority
Each state has a legal service authority, which provides free legal
advice to those who cannot afford it. This is covered under Section 6 of the Act. They provide preventative and strategic legal
assistance programs. Lok Adalat sessions are also conducted by the
authorities to assist clients. Among
their main duties is to implement the policies and schemes as directed by
NALSA. The respective High Court’s chief justices serve as patrons-in-chief. These bodies are supervised by an executive chairman who is a retired or
serving judge. A high court legal service committee is usually formed by the state authority. This body is headed by a
sitting High Court judge, who is the chairman
and is administered by the Chief
Justice of the respective High Court.
Legal Aid under
Legal Services Authority Act, 1987
In 1971, Justice P.N. Bhagwati formed the Legal Aid Committee to
introduce the Legal Aid scheme. In
his opinion, the legal aid system is aimed at making the missionary of
administration of justice
easily available to the people
able to enforce
their legal rights.
The poor and the illiterate will be able to approach
the courts and as a result, they will get justice faster
from the courts.
Poor and illiterate people should have access to legal aid. An individual
does not have to be a litigant in
order to obtain legal aid. According to Article 39A of
the Indian
Constitution, it is the duty
of the State to ensure that the legal system operates on the basis of equality
and that in particular, it must
ensure the provision of free legal aid to ensure that citizens of every
economic category have access to justice. Furthermore, Articles 14
and 22(1) make it mandatory for the State to ensure
equality under the law and a legal system that promotes justice
from an equal opportunity
standpoint. It is the aim of legal aid to ensure that the law is enforced in
its letter and spirit, and equally
just treatment is provided to the weakest, poorest, and most downtrodden
sections of society.
The concept of legal aid can be traced back to the year 1851 when in
France, enactments were passed to provide legal assistance to
those in need. As far back as 1944, England and Wales had also supported the provision of legal
advice to the poor and needy as part of its organized efforts to provide legal services to the poor. The
Rushcliffe Committee was appointed by the Lord Chancellor,
Viscount Simon, to look into the current facilities available to
provide legal advice to the poor
and to recommend any measures that appear relevant to ensuring that the needs
of these individuals are met. As per the Act, the Supreme Court
Legal Services Committee, the High Court Legal
Services Committee, the State Legal Services Authority, the District Legal Services Authority, and the Taluk Legal Services
Committee have been entrusted with the responsibility of organizing all Lok-Adalats in India.
Following are some important points with respect to free legal aid scheme
under Legal Services Authorities Act,
1987.
1.
Eligibility criteria
for free legal aid
There was even an item on the committee’s (headed by Justice PN Bhagwati)
agenda on the eligibility criteria
for the people to qualify
for free legal aid, which has been also mentioned in the Code of Criminal Procedure, 1973 under Section 304 to provide
free and competent legal assistance to a
marginalised member of the society at the expense of the state. As established
in Hussainara Khatoon v. State of Bihar (1979), legal aid will be provided
at the expense and cost of the state to marginalised groups within
society, and the state is required to make such assistance available
to the accused.
In a similar vein, the Supreme Court has also ruled in Suk Das v. Union Territory of
Arunachal Pradesh (1986) that an
accused who cannot afford legal aid may have his or her conviction set aside on
socio-economic grounds.
The following are the people
eligible for free legal aid under Section
12 of the Act:
·
a member of a Scheduled Caste or Scheduled
Tribe;
·
a victim of trafficking in human beings
or beggars as referred to in Article 23 of the Constitution;
·
a woman or a child;
·
a person with a disability as defined in Section 2(i) of
the Persons with Disabilities (Equal Opportunities, Protection of Rights
and Full Participation) Act, 1995;
·
a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic
violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
·
an industrial workman;
or
·
in custody, including custody in a protective home
within the meaning of Section 2(g) of the Immoral Traffic (Prevention) Act,
1956 or in a juvenile home within the meaning of Section 2(j) of the Juvenile Justice Act, 1986 or in a
psychiatric hospital or psychiatric nursing home within the meaning of Section 2(g)
of the Mental Health Act, 1987; or
·
in receipt of annual income less than rupees nine
thousand or such other higher amount as may
be prescribed by the State Government, if the case is before a court other than
the Supreme Court, and less than
rupees twelve thousand or such other higher amount as may be prescribed by the Central
Government, if the case is before
the Supreme Court.
2.
Legal Aid Clinics:
Legal aid services are often delivered through legal aid clinics
established at various levels, including
district and taluka levels. These clinics aim to reach out to the grassroots
level and provide legal assistance to those in need.
3.
Role of NALSA and SLSAs:
NALSA and SLSAs work to coordinate and supervise legal aid programs
across the country.
They also organize
awareness programs to educate
people about their
rights and entitlements.
1. Panel Lawyers: Lawyers who volunteer to provide
free legal services are empaneled by legal services authorities. These panel lawyers
take up cases and provide
legal representation to eligible individuals.
2. Legal Aid for Litigation: Free legal
aid covers various legal proceedings, including litigation in courts,
alternative dispute resolution mechanisms, and legal
advice.
3. Awareness Programs: Legal services authorities conduct
awareness programs to inform people
about their rights and the availability of free legal aid. This helps in reaching a wider audience
and ensuring that those in need are aware of the assistance available to them.[33]
Lok Adalat
under Legal Services Authority Act, 1987
Section 19 of
the Act provides for the establishment of Lok Adalats. Legal service
authorities at all levels, including
the central, state, and district levels, shall hold Lok Adalats. The Lok
Adalats serve as an alternate dispute resolution system.
Their purpose is to settle
cases that are pending or that have not been heard in the courts.
It consists of judicial officers
or an authorized person under
the jurisdiction of the state, central government, or local government.
Following the conciliation of
disputes between the parties and the agreement of the parties, the award is
handed down by conciliators in
accordance with Section 21 of
the Act. The award has the same legal effect as a court decision.
Scope of Lok
Adalat
Unlike the Supreme
Court, Lok Adalat
is extremely broad to incorporate most of the cases pending
before it as well as new cases that will be filed
in the near future to be settled.
The Lok Adalat does not have jurisdiction over cases
relating to offences that cannot be compounded under any law. The Lok Sabha does not refer such matters
to committees without giving the other party a
reasonable opportunity to be heard.
The Lok Adalat proceeds to resolve any case referred
to it and tries to
negotiate a mutually acceptable outcome between the parties involved with the
case. Whenever a Lok Adalat decides a
case before it, it adopts the most extreme efforts for a trade-off or settlement. The following
points elaborate on the scope of Lok
Adalats:
·
If no settlement
or compromise is reached by the parties after the Lok Adalat passes, no order is given.
·
A reference will be sent automatically to the Court that drew up the reference for disposition. Those
involved in the dispute are urged to seek
redressal in courts.
·
If the terms proposed by the bench do not satisfy the
parties, the Lok Adalat cannot be forced
to compromise or reach a settlement. Orders from Lok Adalats are definitive and restrict
the parties.
·
An order passed
by a judge is a satisfactory means of stopping
the proceedings that demand justice.
·
Lok Adalats have enough powers under the Act to make justice
without compromising the quality of their awards.
The Lok Adalat’s final order is considered judicial since it is given
the status of a decree.
·
A Civil Court recognizes it as a form of evidence and
is given the power to summon, discover, and get
an affirmation.
In the case of P.T.
Thomas v. Thomas Job (2005), the Apex Court specifically explained
what Lok Adalat
is. According to the Court,
Lok Adalat is an ancient
form of adjudicating system that once predominated in India, and its validity
has not been questioned even today. According
to Gandhian principles, the term Lok Adalat means “People’s Court”.
It is an essential component of alternative dispute
resolution. If the dispute is resolved at Lok Adala,
there is no court fee, and if it is already paid,
the fee will be refunded.
According to the case of B.P. Moideen
Sevamandir and others v. AM Kutty Hassan (2008), the parties can
communicate directly through their attorneys, which is far more convenient than speaking in a regular courtroom. Because
Lok Adalats are dynamic, they are able to balance the interests of both parties and pass orders that both sides find acceptable.
Functions of Lok
Adalat
The following are the functions of Lok Adalat:
·
Lok Adalat members should be impartial and fair to the parties.
·
Lok Adalat is responsible for handling pending cases
in court. In the case of a Lok Adalat settlement, the court fee paid
to the court on the petition will be reimbursed
·
When filing a dispute with Lok
Adalat, you do not have to pay
a court fee.
Types of Lok
Adalat
Lok Adalats
can take the following forms:
National level Lok Adalat
The Lok Adalat held at the national level is held regularly throughout
the country at the Supreme Court
level and taluk level, where thousands of cases are disposed of. Every month a
different topic is discussed
in this Adalat.
Permanent Lok Adalat
The
body is governed by Section 22B of the Act.
There is a mandatory pre-litigation mechanism
in Permanent Lok Adalat that settles disputes concerning public utilities such as transport, telegraph, postal service, etc. As a result of the case Abdul Hasan and National Legal
Services Authority v. Delhi
Vidyut Board and other (1999), the courts directed
that permanent Lok Adalats be established.
Permanent Lok Adalats are charged with resolving public utility disputes
quickly. Therefore, if parties
neglect to show up at the settlement or compromise, then it has a further
advantage of choosing the dispute based
on merit. In this way, the possibility of postponement in the resolution of questions is eliminated. Rather
than following the formal procedure for resolving
disputes, it is bound to follow the principle of natural justice in order to save time.
Thus, the establishment of the Permanent Lok Adalat is fundamental to
settling disputes with public utility
administrations in a quick and amicable manner. The awards of the Permanent Lok Adalat
made under this Act are conclusive and binding. In no case will it be included
as a defence in an original suit, application, or execution proceeding. Such actions are considered announcements by a civil court. In case
the Permanent Lok Adalat makes an award, that award will be communicated to a civil court having
nearby jurisdiction, which
will then execute
the order as if it were a decree
made by the particular court.
Permanent Lok Adalats and Lok Adalats are indistinguishable in their
essential features. There have, however,
been some differences. The fundamental
difference is that a common Lok Adalat must convene periodically and not consistently
whereas a Permanent Lok Adalat is a setup that
functions like any other court or tribunal.
Despite the Legal Services Authorities Act, 1987, which set up the Lok
Adalats, the permanent Lok Adalats
were not established right away. Through
the Amendment Act of 2002, the foundation of the Permanent
Lok Adalat was enabled.
Mobile Lok Adalat
Mobile Lok Adalat is a method of settling disputes that travels from
place to place. Over 15.14 lakh Lok
Adalats have been held in the country as of 30th
September 2015, and over 8.25 crore
cases have been settled.
Mega Lok Adalat
The Mega Lok Adalat is an ad hoc body that is constituted at the state
level on a single day in all courts.
Daily Lok Adalat
Continuous Lok
Adalat
It is held
continuously for a specific number
of days.
Jurisdiction of Lok Adalats
Lok Adalats fall under the jurisdiction of the courts which organize
them, thus, they cover any cases heard
by that Court under its jurisdiction. This jurisdiction does not apply to cases regarding offences
which are not compoundable by law and the Lok Adalats cannot resolve these cases. The respective courts
may accept cases
presented to them by parties
concurring that the dispute should
be referred to the Lok Adalat. The Courts may accept such cases in situations where one party makes an application to the court for the referral of the case to the Lok Adalat
and the court might consider that there is a possibility of compromise through the Act.[34]
Limitations of Legal Services
Authority Act
The Government should not only establish the four-tiered Legal Services
Authority but also establish an independent body to oversee
the workings of these tiers
and actively work to promote
coordination between the Taluka, District, State, and National Legal
Services Authority. When establishing the independent monitoring body, the government should recruit young legal professionals who hold no other judicial
posts, so that they will exclusively serve the interests of the independent monitoring body. An
institutional network of legal services is constituted by the Legal Services Authority at the Central,
State, District, and Taluk levels have some limitations in relation to the manner
in which they are constituted, the composition, etc.
Major limitations under Legal Services
Authority Act Section 3
The National Legal Services Authority
is established under
Section 3 of the Act. The organization chart of the body reveals,
however, that the members are all already
overcharged with the assigned duties of their primary work; therefore,
a light modification of Section 3 is needed. As the government builds up the National Legal Services Authority, it
should emphasize the importance of recruiting young legal professionals who do not hold other
legal positions so they can devote as much time to the purpose of the Act as possible.
Section 3-A
As set forth in Section 3-A of the Act, there is a requirement that the
chairman of the Supreme Court Legal
Services Committee shall be a judge of the Supreme Court. Now, in this case,
the respective judge is already overburdened with his entrusted
duties of day-to-day
litigation. As a result, there is the possibility that the
office may not be able to achieve the expected results in providing legal services in the future if
such an overburdened person is again given the functions of the Supreme Court Legal Services Committee. Therefore, if
Section 3-A of the Act is to be implemented properly, then it will be essential
to amend this section.
Section 6
A State Legal Services Authority is established by Section 6 of the Act. Although
the organization of the body appears to be fairly
straightforward at first glance, a closer look at it reveals that each of the members
is to a certain extent occupied
with duties outside
the body, and therefore, a minor alteration of Section 6 is required.
It is important for the government to emphasize when establishing
the State Legal Services Authority that it will be recruiting young qualified
legal professionals who have the zeal
to work in the field with utmost devotion to achieve the core objective
stated in the Act.
As a consequence of Supreme Court
Bar Association v. Union of India and Others (1988), it has been held that the normal rule should be
that the Chairman of the State Legal Services Authority should be a sitting judge and retired
judges were only to be appointed under exceptional circumstances.
Conclusion:
As everyone knows, the Indian constitution stresses equality. All
individuals are equal under the law
in a democracy. Regardless of one’s economic status, race, creed, gender, sex,
or any other social condition, each citizen has the right to equal access to law and equal opportunities to obtain legal services. The Legal Services
Authorities Act of 1987 was passed by our government to address these needs. The act ensures equality of opportunity in
the pursuit of justice. Lok Adalats have
become an integral part of the Indian legal system, providing opportunities for
the poor and discouraged to access justice.
The organization has overcome all obstacles to lawful aid, although there are specific areas for improvement that could make it
more effective. Although they are overcoming any barriers to access to justice, they should also provide genuine
admittance to equity
for aggrieved parties. There is more activity than was expected, which
could make Lok Adalats a better mechanism
to deal with cases that are on the rise.
The concept of legal aid, grounded in principle of natural justice,
reinforces the idea that justice is
not a luxury but a fundamental right for all members of society. By embracing
this concept, legal systems can move closer
to the ideal of a just and equitable society,
where access to justice
is not determined by financial status but is a universal entitlement based on
the inherent principles of fairness and human dignity.
The concept of free legal aid, derived
from the principles of natural law and enshrined in the Indian legal system, stands
as a beacon of justice for all. By recognizing the inherent dignity
and rights of every individual, societies can strive
towards a legal framework that is not only just in theory but accessible and equitable in practice. In this symbiotic relationship between philosophy and law, the concept of free
legal aid continues to evolve, ensuring
that the scales of justice are balanced for every citizen, regardless of their
economic standing.
BIBLIOGRAPHY
Statues:
1. The Legal Services Authorities Act, 1987.
2. The Code of Criminal
Procedure, 1973.
Books:
1. Dr.J.N.Panday ,Constitutional Law Of India.
2. Dr. Kailash
Rai, Public Interest
Lawyering, Legal Aid and Para-Legal Services.
3. Dr.V.D. Mahajan,
Jurisprudence and Legal Theory.
4. Dr. N. V. Paranjape, Studies in
Jurisprudence and Legal Theory.
5. Ratanlal and Dhirajlal's,The Code of Criminal
Procedure.
Articles:
1. Abhishek Parmar, Understanding The Principle Of Natural Justice And Its Application In The Indian Legal System, available at, https://www.legalserviceindia.com/legal/article- 8642understanding-the-principle-of-natural-justice-and-its-application-in-the-indian- legal-system.html, last seen on 19/08/2024.
2. Nikunj Arora, analysis of the
Legal Services Authority Act, 1987 at, https://blog.ipleader s.in/legal-services-authority-act-1987/, last seen on
19/08/2024.
websites:
1.
Concepts of natural justice,
available at https://www.legalserviceindia.com/legal/article- 1549-concept-of-natural-justice.html#google_vignette, last seen
on 19/08/2024.
2.
lawyersclubindia , available at https://www.lawyersclubindia.com/articles/right-to-free- legal-aid-16211., last seen
on 19/08/2024.
3. Lexology, Rights of Accused Before and After Arrest in India available
at https://www.lexology.com/library/detail.aspx?g=, last seen
on 19/08/2024.
4.
Mondaq, right of accused before and after arrest in India-crime-India available
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7.
britannica,
available at https://www.britannica.com/topic/state-of-nature-political- theory/The-state-of-nature-in-Locke , last
seen on 19/08/2024.
8.
https://lawcorner.in/legal-services-authorities-act-1987-an-overview/#Introduction, last
seen on 19/08/2024
9.
https://www.aequivic.in/post/aijacla-critical-appraisal-of-the-legal-services-authorities- act-with-special-reference-lok-adalat, last
seen on 19/08/2024.
10.
https://taxguru.in/corporate-law/legal-service-authority-act-1987-a-preview-of- application-on-society.html, last seen on
19/08/2024.
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https://www.ijlsi.com/wp-content/uploads/The-Scope-of-the-Legal-Services-Authority- Act-1987-with-Reference-to-Lok-Adalat-and-Permanent-Lok-Adalat.pdf, last seen on 19/08/2024.
12.
https://www.latestlaws.com/articles/all-about-legal-services-authority-act1987-by- roopali-lamba , last seen on 19/08/2024.
[1] Dr. Kailash Rai, Public Interest
Lawyering, Legal Aid and Para-Legal Services, 178 (4th ed.,2007)
[2] Concepts of natural justice, available
at https://www.legalserviceindia.com/legal/article-1549-concept-of-natural- justice.html#google_vignette, last seen
on 20/04/2024.
[4] Ibid.
[5] Ibid.
[6] Understanding The Principle Of Natural Justice
And Its Application In The Indian
Legal System, available at, https://www.legalserviceindia.com/legal/article-8642-understanding-the-principle-of-natural-justice-and-its- application-in-the-indian-legal-system.html, last seen
on 20/04/2024.
[7] Dr. B.N.
Mani Tripathi and Dr.Rajiv Mani, Jurisprudence (Legal Theory), 431 (19th ed., 2012).
[8] Ibid.
[9] Nikunj Arora, analysis of the Legal Services Authority Act, 1987 at, https://blog.ipleaders.in/legal-services- authority-act-1987/, last seen on
19/08/2024.
[11] Ibid.
[12] Ibid.
[13] Dr.J.N.Panday ,Constitutional Law Of India,391(45th ed.,2008
[14] Art. 39A the Constitution of India, Inserted by the constitution
(Forty-second Amendment) Act,1976, S.8 (w.e.f .3- 1-1977)
[15] Hussainara Khatoon v. State
of Bihar AIR 1979 SC 1322.
[16] Khatri v. the State of Bihar, 1981 CrLJ470
: (1981) 1 SCC 627.
[17] Suk Das v. Union Territory of Arunachal Pradesh, AIR 1986 SC 991.
[18] Centre of Legal Research
v. State of Kerala, AIR 1986
SC 1322.
[19] State of Maharashtra v.Manubhai Bagaji
Vashi,(1995) 5 SCC 730.
[20] Md. Ajmal Md.
Amir Kasab Vs State of Maharashtra, (2012) 9 SCC 1.
[21] Ratanlal and Dhirajlal's,The Code of Criminal Procedure, 578,579 (17th ed., 2004)
[22] Mah.Chand v.State of Delhi, 1990 CrLJ
682 (Del).
[23] State of Harayana v. Ram Diya, 1990 CrLJ1327
: AIR 1990 SC 1336.
[24] Khatri v. Bihar, 1981 CrLJ470 : (1981) SCC 627.
[25] RanjanaDiwivedi v. Union of India, 1983 CrLJ1052 : AIR
1983 SC 624.
[26] Suk Das v. Union
Territory of Arunachal
Pradesh, (1986) 2 SCC 401: AIR
1986 SC 991.
[27] Tyron Nazarath v. State
of Maharashtra, 1989 CrLJ
123(Bom).
[28] Ashok kumar v. State of Rajasthan,
1995 CrLJ 1231 (Raj).
[29] T. Suthenja v. state of Tamil
nadu, 1995 CrLJ 1496 (Mad).
[30] Tahsildar Singh
v. State of M.P., 1995 CrLJ 1678 (MP).
[31] Dr. Kailash
Rai, Public Interest Lawyering, Legal Aid and Para-Legal Services, (4th ed.,2007)
[32] Nikunj Arora, analysis of the Legal Services Authority Act, 1987 at, https://blog.ipleaders.in/legal-services- authority-act-1987/, last seen on
19/08/2024.
[33] Dr. B.N. Mani Tripathi
and Dr.Rajiv Mani, Jurisprudence (Legal Theory),
431 (19th ed., 2012).
[34] Nikunj Arora, analysis of the Legal Services Authority Act, 1987 at, https://blog.ipleaders.in/legal-services- authority-act-1987/, last seen on
19/08/2024.