KERALA’S PERMANENT LOK ADALAT:
POLITY
NEWS: Kerala Becomes First In India To
Launch Online Permanent Lok Adalat Services
WHAT’S IN THE NEWS?
Kerala has become the first Indian
state to launch Online Permanent Lok Adalat (PLA) services to resolve public
utility disputes digitally and speedily.
PLAs are a pre-litigation mechanism under the Legal Services Authorities Act,
1987, offering binding decisions for disputes up to ₹1 crore.
Context: Kerala’s Initiative
- Kerala has become
the first state in India to launch Online Permanent Lok Adalat
(PLA) Services, integrating digital technology with alternative
dispute resolution (ADR) mechanisms.
- This aims to provide
speedy, affordable, and accessible justice to citizens, especially
in disputes related to public utility services.
About Lok Adalats (People’s Courts)
- Lok Adalat means ‘People’s
Court’, inspired by Gandhian ideals of non-violent and amicable
settlement of disputes.
- It is a form of Alternative
Dispute Resolution (ADR) used to resolve pending cases or
pre-litigation matters quickly and affordably.
Legal Framework
- Statutory Basis: Established under the Legal Services
Authorities Act, 1987.
- Constitutional
Backing: Rooted in Article
39A of the Constitution which mandates the state to provide free
legal aid and ensure equal justice for all.
Key Features of Lok Adalats
- Binding Awards: The decision (award) of the Lok Adalat is
considered as a decree of a civil court and is final and binding
on all parties.
- No Appeal Provision: There is no provision for appeal against
the decision. However, if a party is not satisfied, they may initiate fresh
litigation in a regular court.
- No Court Fees: No fees are charged for cases referred to Lok
Adalats. If a case pending in court is settled through Lok Adalat, the
court fee already paid is refunded.
- Informal Proceedings: The procedures are simple and flexible,
with no strict adherence to procedural laws and the Indian Evidence Act.
- Speedy Resolution: Emphasis is on conciliation, compromise, and
voluntary agreement between the parties rather than adversarial trial.
- Eligibility: Both pending cases and pre-litigation
matters (cases yet to be filed in court) can be taken up.
- Exclusions: Disputes involving non-compoundable criminal
offences (like murder, rape, etc.) are not admissible in Lok
Adalats.
About Permanent Lok Adalats (PLAs)
- Special Type of Lok
Adalat constituted for
disputes related to ‘Public Utility Services’.
- Examples include:
- Transport
services (railways, buses)
- Postal,
telegraph, and telephone services
- Power,
water supply, sanitation, and healthcare
- Jurisdiction: Can entertain disputes involving a claim up to
₹1 crore.
- Pre-Litigation Focus: Primarily intended as a preventive mechanism
to resolve disputes before they enter the court system.
- Parties cannot
withdraw once jurisdiction is accepted by the PLA and no party can refuse settlement if a
fair compromise is arrived at.
Significance of Online PLA Services in Kerala
- Digital Access: Makes justice more accessible in remote and rural
areas through online platforms.
- Time and Cost
Efficiency: Saves commuting
time and reduces cost for parties involved.
- Ease of Use: Simplifies the process for the general public,
especially those not familiar with court procedures.
- Model for Other
States: Sets a precedent
for nationwide adoption of digital ADR platforms, supporting ease
of justice delivery.
Conclusion and Way Forward
- The launch of online
PLA in Kerala is a landmark step towards technology-enabled justice
delivery.
- It complements the
broader judicial reforms and access to justice initiatives under Digital
India.
- Strengthening Lok
Adalats, particularly PLAs, can significantly reduce judicial backlog
and enhance the efficiency of the justice system.
Source: https://www.livelaw.in/news-updates/kerala-state-legal-services-authority-launches-online-permanent-lok-adalat-services-289268