Vinita Choudhury in this article gives us a critical analysis of the functioning of Lok Adalats in India.
Abstract
When laws are equal for all irrespective of one’s social, economic, cultural and educational background, then why not justice which is contemplated widely in the
Constitution of India? Lok Adalats were introduced in the country to give effect to the Constitutional mandates. The idea of propounding a system of Lok Adalats found its base in the system of resolving disputes through the Panchayat mechanism that prevailed in our country. In the course of time, Lok Adalats received statutory recognition. However, in the long run, Lok Adalats have been unsuccessful. The existence of gross inefficiency, illegality and coercion in the system of Lok Adalats causes a great deviation from the standards of justice.
Moreover, there is a flaw in the very procedural and functional aspect. The emphasis is on “disposal of cases” rather than on “justice”. Supporters of the system tout on the fact that it helps reduce burden on the formal system of courts. However, the harsh reality is that, in the effort to reduce the burden on the judiciary, no real benefit reaches the needy. Besides, in cases between people who can afford formal courts and those that cannot, the less-desperate party is at a greater advantage. The disadvantaged party is forced to settle for the less. Consequently, although the broader objective of ‘access to justice’ has been attained, to what extent this access has ultimately resulted in justice is the big unanswered question. The article seeks to inspect the working of the Lok Adalats, critically analyse its positive as well as negative aspects, and throw light on why the negatives far exceeds the positives and annihilates the very objective of the institution of Lok Adalats. The material for this project has been obtained using books, cases and the internet. A descriptive method is used in completion of this paper.