Model Answer
0 min readIntroduction
The Indian legal system, while robust, often faces challenges of delay and expense, hindering access to justice for many. Recognizing this, the Legal Services Authorities Act, 1987, was enacted to provide free and competent legal services to those who cannot afford them. A crucial component of this Act is the promotion of Alternative Dispute Resolution (ADR) mechanisms. ADR, encompassing methods like mediation, conciliation, and Lok Adalats, offers a faster, more affordable, and less adversarial route to resolving disputes, particularly benefiting vulnerable sections of society. This has played a pivotal role in ensuring justice reaches the needy, supplementing the traditional court system.
The Legal Services Authorities Act, 1987: A Framework for ADR
The Legal Services Authorities Act, 1987, established National, State, District, and Taluk Legal Services Authorities with the mandate to provide legal aid and promote ADR. Section 89 of the Code of Civil Procedure (CPC), as amended in 1999, further reinforces this by encouraging courts to refer disputes to ADR mechanisms where appropriate. The Act aims to reduce the burden on courts, expedite dispute resolution, and foster amicable settlements.
ADR Mechanisms under the Act
1. Mediation
Mediation involves a neutral third party (the mediator) assisting disputing parties in reaching a mutually acceptable agreement. The mediator does not impose a decision but facilitates communication and negotiation. The Act doesn’t explicitly define mediation, but it is widely practiced under the auspices of Legal Services Authorities. Mediation is particularly effective in family disputes, property disagreements, and commercial conflicts.
2. Conciliation
Conciliation is similar to mediation, but the conciliator may suggest solutions or terms of settlement. Like mediation, it’s a voluntary process. The Act doesn’t provide specific rules for conciliation, but it is often used in labour disputes and consumer complaints.
3. Lok Adalats (People’s Courts)
Lok Adalats are perhaps the most prominent ADR mechanism under the Act. They are organized at various levels – national, state, district, and taluk. Lok Adalats are presided over by retired judges, lawyers, and social workers. They deal with cases pending in courts as well as those which have not yet been filed. The emphasis is on compromise and settlement. A key feature is that awards passed by Lok Adalats are deemed to be decrees of a civil court and are final and binding on the parties. Section 20 of the Act provides for the organization and functioning of Lok Adalats.
Benefits for Needy Persons
- Reduced Costs: ADR mechanisms are significantly cheaper than traditional litigation, making justice accessible to those with limited financial resources.
- Faster Resolution: ADR processes are generally quicker, providing timely relief to those in need.
- Reduced Stress: The less adversarial nature of ADR reduces the stress and anxiety associated with court proceedings.
- Empowerment: ADR empowers parties to actively participate in resolving their disputes, fostering a sense of ownership and satisfaction.
Case Law Illustrating the Impact
In State of Punjab v. Jaswant Singh Gill (2009), the Supreme Court emphasized the importance of Lok Adalats in reducing the pendency of cases and providing speedy justice. The court observed that Lok Adalats have played a significant role in resolving disputes, particularly those involving weaker sections of society. Furthermore, in Hindustan Construction Company Ltd. v. State of Maharashtra (2019), the Supreme Court upheld the validity of awards passed by Lok Adalats, reinforcing their legal standing and effectiveness.
Challenges and Way Forward
Despite their success, ADR mechanisms face challenges such as lack of awareness, inadequate infrastructure, and resistance from some lawyers. Strengthening legal aid services, promoting ADR through public awareness campaigns, and providing training to mediators and conciliators are crucial steps to enhance their effectiveness. Integrating ADR into the mainstream legal system and encouraging courts to actively refer cases to ADR mechanisms will further contribute to the dispensation of justice to the needy.
Conclusion
The Legal Services Authorities Act, 1987, and its ADR mechanisms have undeniably revolutionized access to justice for the needy in India. By providing affordable, efficient, and amicable dispute resolution avenues, these mechanisms have significantly reduced the burden on courts and empowered marginalized communities. Continued investment in strengthening ADR infrastructure, raising awareness, and fostering a culture of settlement will be vital to ensure that justice truly reaches all sections of society, fulfilling the constitutional promise of equality before the law.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.