NALSA: LOK ADALATS

History

Firstly through 42nd amendment 1976, article 39 A was added in the directive principle of state policy for state welfare and equal justice for all. But as we all know, many poor people was not able to afford the cost while taking the justice due to which article 14 which talk about equality and article 21 which talk about liberty was infringe. As if a person who don’t  have money, will not be able to take justice. Therefore through this article it was held that free legal aid to poor and weaker section of the society will be provided. So the aim and objective of this article is to provide justice, but getting of justice is not an easy task, one have to face many challenges to get justice.

 But it was amended in directive principle of state policy so to implement this, various law had to be enacted. Hence legal service authority 1987 was passed.

 Under Legal service authority act 1987, national legal service authority (NALSA) is there which regulates and supervises the state legal service authority. And on district and taluk level district legal service authority and taluk legal service authority is also there.

Functions of NALSA

1. To provide free and competent legal service: like Providing of free and affordable lawyers and various  other services.

2. Lok adalats: In lok adalats, by not making a case of war issue, the matter will be settled by mutual negotiation or compromise.

3. Legal awareness: Provide various legal awareness like when to go in courts, when to go in lok adalats, how to report in consumer courts , and spreading other general legal awareness.

Now the conditions on the basis of which free legal aid services is provided are as follows:

Women, SC/ST members, poor people, victim of mass disaster, disability, custody. so these are the categories which are eligible for free legal aid services.

Lok adalats

Lok adalats are alternate dispute resolution, and provide satisfactory settlement of their disputes. Origination of lok adalats also decreases the pendency of cases. It come under the statute of legal service 1976 and considered as alternate judicial justice. The basis is settlement and neither defeat nor to be defeated.

Benefits of lok adalats

1. Informal : to settle dispute in lok adalats one don’t need any lawyer to take justice and settling will totally on the consensus of settling between the parties. Because mediation is better than litigation.

2. Economical : lok adalats are free of cost and there is no fees to file case in lok adalats. So they are highly beneficial for weaker sections of the society.

3. Fast : the case proceedings in lok adalats are fast and there will be no delay for final decisions. Due to which pendency of courts are also decreases.

4. Final and binding: the decision which will be declared by the lok adalat will be final and binding and thereafter it cannot be appeal in any other court.

Statutory provisions

1. Legal service authority act, 1987

2. At any stage of judicial proceedings: even in the mid if any judicial proceeding one can opt for lok adalat

3. Pre litigation : one can go for lok adalat even before any legal proceedings in any court.

Permanent lok adalat The aim of permanent lok adalats are same as lok adalat that is settling of dispute. But in permanent lok adalat if settling of dispute does not occur then it has the power to award upto 10 lakhs.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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