E Lok Adalat And Future Of Lok Adalat
Written by Nakshatra Dapse
INTRODUCTION
Prolonged litigation, a backlog of cases, and procedural complexity are among the long-standing problems plaguing the Indian judicial system, which has caused justice to be delayed. Lok Adalat’s, or people’s courts, were proposed as a method to lessen these issues and speed up the settlement of disputes. Lok Adalat offers a convenient and unofficial forum for resolving conflicts. Technology integration has given rise to E-Lok Adalat, a potential alternative that might change India’s judicial system.
India’s judicial system is facing a backlog of unresolved cases, resulting in a prolonged justice system. Special courts have been created to handle a certain number of verdicts for session cases every month. However, criminal cases continue to be heard in high courts. To address this issue, India has chosen a speedy and affordable justice system called Lok Adalat. Lok Adalat is a low-cost and homegrown method for resolving conflicts in India, which has been successful in solving disputes and has received praise from both public and private parties.
E LOK ADALAT’S
The Indian government has implemented an E-Justice delivery system, particularly during the Covid-19 pandemic, through video conferencing. The Rajasthan Legal Service Authority organized its first E-Lok Adalat on 22nd August 2020, attended by Hon’ble Mr. Justice N.V. Ramana, Chief Justice of India, and Rajasthan High Court judge. The online platform aims to provide equal protection of the law to citizens, especially those unable to afford travel. The system has already settled 47,656 cases, with 33,476 settled on a positive note. The first E-Lok Adalat was held in Chhattisgarh in 2020, and the system has been praised for its creative approach and patience. However, it has also brought disadvantages for those without access to computers or laptops, limiting the speed and economic benefits of the system.
SIGNIFICANCE OF E LOK ADALAT IN INDIA
E-Lok Adalat’s in India have revolutionized the judicial system by reducing costs, democratizing access to justice, and resolving disputes more quickly. By eliminating the need for physical presence in a court, they allow people from underserved or rural areas to participate in dispute resolution procedures, promoting accessibility and inclusion. E-Lok Adalat also speeds up the settlement process and reduces the backlog faced by traditional courts, especially in financial or personal issues. This cost-effectiveness is particularly beneficial for economically disadvantaged individuals who may be discouraged from pursuing justice due to high costs. Virtual E-Lok Adalat also reduces the need for in-person hearings and paper-based paperwork, supporting environmental efforts and reducing carbon footprints. Geographical obstacles often hinder access to traditional courts, but E-Lok Adalat’s overcome these obstacles, increasing access to justice in rural and isolated areas. The COVID-19 pandemic highlighted the need for alternative dispute resolution procedures, and E-Lok Adalat offers a substitute forum for resolving disputes, attracting parties who would otherwise be reluctant or unable to participate in traditional litigation. This digital revolution in the legal industry presents an opportunity for a hybrid framework that blends real and virtual Adalat, providing a more customized and flexible method of conflict resolution.
ORGANIZATION OF LOK ADALAT
The Legal Service Authority Act, of 1987, mandates the Supreme Court or District Authority to organize Lok Adalat’s at intervals and under their jurisdiction. These Adalats consist of a sitting or retired Judicial officer, a person reputed by the state authority of either District or Supreme Court legal services committee, and a member of any legal profession. However, a person cannot be a member of Lok Adalat unless they are a member of any legal profession, a person reputed to handle legal services, or a social worker working for the implementation of laws on the weaker section.
In cases involving two parties, Lok Adalat should deal with matters arising before it, involving cases not pending before any court of law. The mechanism confers powers to deal with cases even at the pre-litigation stage, so it is not necessary to confer power on such mechanisms.
CHALLENGES OF E LOK ADALAT
E-Lok Adalat’s in India faces several challenges, including a digital divide, security and privacy concerns, technical issues, regulatory framework, adequate training, awareness, and outreach, building trust, infrastructure, cultural and language diversity, public trust and acceptance, and monitoring and evaluation. The digital divide, particularly in rural and remote areas, hinders participation and access to E-Lok Adalat. Digital literacy remains a challenge, especially for rural residents. Data security and privacy protection are crucial, as E-Lok Adalat deals with sensitive information. Technical challenges include platform reliability and interoperability, while a lack of clear guidelines and legal validity can lead to confusion. Adequate training for judges, lawyers, and support staff is essential for effective implementation. Awareness campaigns and outreach programs are crucial in rural and underserved areas. Building trust among the public is crucial, as the absence of in-person hearings raises concerns about transparency and fairness. Infrastructure, including hardware and software, is also a challenge. Cultural and language diversity and public trust may affect the adoption of E-Lok Adalat.
FUTURE OF ADALAT IN INDIA
The future of Adalat’s in India is expected to see significant changes and development. The hybrid model, which combines physical and virtual proceedings, could provide flexibility and convenience. Adalat will continue to adapt to emerging technologies, such as AI for case management and blockchain technology for secure record-keeping. Specialized Adalat will become more prevalent, focusing on specific types of disputes. Community outreach and awareness programs will be essential for Adalat’s success. A comprehensive regulatory framework is needed to address the unique aspects of both traditional and E-Lok Adalat. Adalat will continue to adopt eco-friendly practices, such as reducing paper usage and promoting sustainable dispute-resolution methods. Advanced online case management systems will be more sophisticated, and speedy resolutions will be a top priority. Alternative dispute resolution mechanisms will be collaborated with, and Adalat’s will remain culturally sensitive. Efficient case management tools and databases will be essential for handling large volumes of cases.
CONCLUSION
E-Lok Adalat’s in India is a significant step forward in the country’s legal system, offering innovative solutions to challenges within the judicial system. These virtual platforms eliminate the need for physical court appearances, promoting inclusivity and accessibility for individuals from diverse backgrounds and remote regions. They also contribute to environmental sustainability and social distancing measures, reflecting a global trend towards eco-friendly legal practices. As E-Lok Adalat evolves, it will integrate technology, offering a hybrid model that combines physical and virtual proceedings. Technological advancements like artificial intelligence and blockchain will further streamline the process. However, challenges such as the digital divide, security and privacy concerns, and the need for a robust regulatory framework must be addressed. Investments in training, awareness, and infrastructure are necessary for the success of E-Lok Adalat, especially in underserved areas. Maintaining cultural sensitivity, enhancing public trust, and ongoing monitoring and evaluation efforts are also crucial for their continued growth. In the future, Adalat’s in India will remain at the forefront of legal innovation, delivering accessible, efficient, and cost-effective justice to the diverse population.
REFERENCES:
- Rachit Garg, Immense role of e-mega adults, iPleaders (2021), https://blog.ipleaders.in/immense-role-e-mega-adalats/ (last visited Oct 13, 2023)
- Dakshita Kapoor, E-Lok Adalats in India – Indian Law Portal, Indian Law Portal (2020), https://indianlawportal.co.in/e-lok-adalats-in-india/ (last visited Oct 13, 2023)
- Suryaprerna Dixit, Concept & Functioning Of e-Lok Adalat, Black n’ White Journal (2020), https://bnwjournal.com/2020/09/15/concept-functioning-of-e-lok-adalat/#_ftn1 (last visited Oct 13, 2023)
- National Legal Services Authority, Lok Adalat, nalsa.gov.in (2019), https://nalsa.gov.in/lok-adalat
Keywords: E Lok Adalat And Future Of Lok Adalat, E Lok Adalat And Future Of Lok Adalat in India
