Question

want are the advantage and disadvantages of lok adalat?

Answer 1

Advantages:

1. Lok Adalats are meant for conciliated settlement of disputes outside court which is what most of our people like if the matter allows for this kind of settlement. There is a fear among a large number of people about taking disputes to court, not just about delay in getting justice but also for financial reasons. In fact, one of the reasons for the formation of Lok Adalat or people’s court is to provide fair and uncomplicated justice to the financially deprived section of our society. Though government provides legal aids to poor, there is a fear of monetary loss during the time period which is why most people prefer Lok Adalats.

2. Family disputes like property acquisition and matrimonial issues are far better and faster solved by these Lok Adalats in comparison to courts. Though there are family courts for these matters, people would always prefer settlement outside court and in a fair and just manner which is delivered well by Lok Adalats. It saves time and expenses and also is easier for parties to make their claims which is not the case when the matter is in court and witnesses are afraid of getting involved into legal matters.

3. The number of cases that require jurisdiction is increasing at an alarming rate and let’s face it – we have far inadequate number of courts and judges in our country than we require which leads to unnecessary delay even in smaller cases. If more and more people could understand the significance of Lok Adalats and resort to them for easy litigations, there would be lesser pending cases in the files gathering dust since years in courts.

4. Lok Adalats can be a decent supplement to the work of courts and could contribute to justice in a good way only if awareness is increased and people are encouraged to opt for them. For illiterates and poor there are even more advantages of taking matters to lok adalats. Proceedings are conducted faster and in simple arrangements and even in local languages. They are not strict about procedural laws or Evidence Act and are based more on merits which makes it “People’s Festival of Justice.”

5. There is no absolute need of advocates by the victim and the convict, who can either prefer to have their cases pleaded by the lawyer or simply talk to the judge about the matter directly. This is not a possibility in courts where a third person pleads the case and the people involved only get a say when their turn comes. To explain their stand directly is an advantage that makes people’s court very accessible and easy for people.

6. Even if the case is filed in court, the expenses are refunded to the party when the case is solved by Lok Adalat which is another reason why people should be made more aware of this litigation system where there is no fee involved. According to justice V V Rao, it will take another 320 years to clear the pending backlogs in India but if more and more people take their cases to Lok Adalats, there is a fair chance that this could be achieved earlier.

Disadvantages:

1. Justice delayed is justice denied but justice hurried is also justice buried. Faster justice comes with a price of settlement made at the cost of lesser compensation and the petitioner had no time to claim higher amount which he justly should have got as seen in many cases after which apex court ordered Lok Adalat to be careful about not impairing the right of any party involved in the issue. Faster and easier justice must not come with the price of injustice which is what falls as a disadvantage of Lok Adalat.

2. Not all cases are suitable for lok adalat jurisdiction. Lok adalat is all about settlement and compromise which is not what every case requires. Most cases in India require punishment and correctional methods which is not under the dealing of lok adalat. These cases would usually fail here and would then be recommended to courts. This would only create superfluous deferral in the legal proceedings, sometimes which could be required as early as possible.