CHAPTER VI
ACHIEVEMENTS OF LOK ADALAT
CHAPTER - VI
ACHIEVEMENTS OF LOK ADALATS
“The unspeakable travails of our people seeking relief from our legal
system cry to heaven for redressal. The horrendous congestion in the courts,
uneven dispensation of justice, delay in vindication of even the simplest of
just claims; mountains of crimes unpunished encouraging further crimes,
political opponents harassed as “Criminals”, Demoralization of judges,
rampart unethical practices at the bar leading to monopoly of briefs by
coteries of unscrupulous lawyers and touts, fleecing litigants, defiling the
image of the judiciary and spreading corruption: These are some of the
problems confronting the people. The main focus of attention today is on
adjectival law judicial organization and the adjudicatory procedure of our
judicial system.1 There are many cases in which one generation files the case
and second generation gets the Judgment. According to a report in the New
Indian Express, there are nearly three crore civil and criminal cases pending
with various courts and the courts must have a time table to clear the back
log.2 Over 2.5millian case are pending in the courts of subordinate judiciary
and over 3.5 Million cases in the high Courts. Eighteen percent of the high
1 Daniel Latif, “Reform Judicial System”. The Indian Journal of Public Administration JulySeptember, 1985. volume XXXI, No.3, 1985, p. 835
2 The New Indian Express, Coimbatore Edition dated Monday June 9, 2008 p.8.
174
■J
court cases have been pending for over ten years. The courts have become
the last resort of majority of the people. It is essential to ensure that law did
not lose its social relevance. The judges must expand their horizon of human
rights and interpret the law to reach the depth of human dignity so that
citizens were not robbed of their “sacred personhood” conferred on them by
the constitution. The awareness of the people’s rights had increased. New
laws were being introduced to grant various rights to the people. The courts
have also started functioning in a more meaningful way to add flesh and
blood to the skeleton of laws and right and in this situation according to the
chief Justice of Madras High Court A.K.Ganguli, peoples’ expectation from
court have multiplied and the task before the judiciary today is to speedup
the transition of law from the “sealed book” of a select few to the “living
letter” of the teeming millions.34 In the present day legal system of our
country, the hostility between the winner and the looser of the case continues
forever. Judgments are based upon bare law and witnesses, which is some
time away from truth. If a witness tell lie against any one, then the law is
unable to detect it. Further, the procedural delays inside judicial systems hurt
particularly the poor. Lok Adalat is an alternative to judicial justice and a
3 L.Jagmohan “Strengthen our Judiciary” The New Indian Express, Coimbatore Edition, Thursday,
June 12, 2008. p.8.
4 Chief Justice of Madras High Court A.K. Ganguli ‘Make the law a living letter of people” The
Hindu, Madras Edition. Tuesday. June 10. 2008.
175
strategy for delivering informal, cheap and expeditious justice to the
common man by way of settling disputes.
There is a saying that conciliation is better than arbitration and
arbitration is better than litigation. Settlement out of court is the crying need
of the day. Lok Adalat is one of the Forums for expeditious settlement of
disputes.
Though there is no statutory or standardized definition of the term
Lok Adalat it is now widely accepted as an informal (out side the court
system) dispute settlement agency (Adalat in vernacular mean Court). Lok
Adalat is a court in the sense it helps to resolve disputes involving people
and public- spirited lawyers. Lok stands for people. Lok Adalat is peoples
court. The idea of Lok Adalat is not new or unknown to Indian Legal
System. Lok Adalat is people’s court the Nyaya Panchayats were once
popular tribunal in the rural areas settling civil and criminal disputes through
the intervention of Village elders5. The system is based upon Gandhian
Principles and adopts persuasive common sense and human approach to the
problem with the assistance of social minded and experienced team of
conciliators.
5 K.M.H.Rayappa “Lok Adalats objectives, pre requisites strategies and organization” Supreme
Court Journal volume 2, orient Law House, Allagabad - 211 002. 1988, p.28.
176
The Lok Adalat movement is catching on in our State. The Functions
of Lok Adalats was first started in Delhi from 6th October 19856. The first
Adalat in the State of Tamil Nadu was convened by the Apex Body of Tamil
Nadu State Legal Aid and Advice Board in 1986 in the City of Madras. The
Tamil Nadu Legal Aid and Advice Board had convened about 117 Adalats
before it was dissolved.
The Scheme projected, includes both classes of disputes, viz., (1)
which have not yet gone to the court of Law (Pre-litigative situation) and (2)
which are pending before the Courts. The programme being compromise
oriented, the endeavours made at the counselling Centres attached to the
Legal Aid Committees and the endeavours made for mediation at the
Mediation Centres and Centres for Women, are designed to promote the first
objective. The Lok Adalat Programme is therefore a strategy for settlement
of disputes pending before Courts and Tribunals7.
Organization of Lok Adalats: As per section 19 of the Legal Services Authority Act 1987 every
State Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case
6 Ashok Kumar, Lok Adalat in Allahabad, Supreme Court Journal, Volume I, 1990, p.52.
1 Circular XCIX, Tamil Nadu State Legal Aid and Advice Board dated March 31, 1992.
177
may be, Taluk Legal Services Committee may organize Lok Adalats at such
intervals and places and for exercising such jurisdiction and for such areas as
it thinks fit. Every Lok Adalat organized for an area shall consist of such
number of serving or retired judicial officers; and other persons, of the area
as may be specified by the respective committees organizing such Lok
Adalat. The experience and qualifications of other persons referred to in
clause (b) of sub-section (2) for Lok Adalats may be prescribed by the
Central Government in consultation with the Chief Justice of India or by the
State Government in consultation with the chief justice of the High Court as
the case may be a Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in
respect of any case pending before; or any matter which is falling within the
jurisdiction of, and is not brought before, any Court for which the Lok
Adalat is organized, provided that the Lok Adalat shall have no jurisdiction
in respect of any case or matter relating to an offence not compoundable
under any law8.
Section 20 (1) of the Legal Services Authority Act deals with
cognizance of cases by Lok Adalats: - (1) Where any case referred to in
clause (i) of sub-section (5) of section 19(i) (a) the parties thereof agree; or
8 The Legal Services Authorities Act 1987 Section 19.
178
(b) one of the parties thereof makes an application to the Court, for referring
the case to the Lok Adalat for settlement and if such Court is prima facie
satisfied that there are chances of such settlement; or (ii) the Court is
satisfied that the matter is an appropriate one to be taken cognizance of by
the Lok Adalat, the Court shall refer the case to the Lok Adalat. But no case
shall be referred to the Lok Adalat under sub-clause (b) of clause (i) or
clause (ii) by such court except after giving a reasonable opportunity of
being heard to the parties.
(2) The Authority or Committee organizing the Lok Adalat under sub­
section (1) of section 19 may, on receipt of an application from any one of
the parties to any matter referred to in clause (ii) of sub-section (5) of section
19 that such matter needs to be determined by a Lok Adalat, refer such
matter to the Lok Adalat, for determination. But no matter shall be referred
to the Lok Adalat except after giving a reasonable opportunity of being
heard to the other party.
(3) The Lok Adalat shall proceed to dispose of the case or matter and
arrive at a compromise or settlement between the parties.
(4) While determining any reference before it under this Act the Lok
Adalat shall act with utmost expedition to arrive at a compromise or
179
settlement between the parties and shall be guided by the principles of
justice, equity, fair play and other legal principles.
(5) Where no award is made on the ground that no compromise or
settlement could be arrived at between the parties, the record of the case
shall be returned by it to the Court, from which the reference has been
received for disposal in accordance with law.
(6) Lok Adalat shall advice the parties to seek remedy in a Court.
(7) The Court shall proceed to deal with such case from the stage
which was reached before such reference under sub-section (l)]9. As per
section 21 of the Act every award of the Lok Adalat shall be deemed to be a
decree of a Civil Court. The Court fee paid in such case shall be refunded in
the manner provided under the Court-Fee Act, 1870)]
(2) Every award made by a Lok Adalat shall be final and binding on
all the parties to the dispute, and no appeal shall lie to any Court against the
award10.
As per section 22 (1) of the Act, the Lok Adalat or Permanent Lok
Adalat shall, have the same powers as are vested in a Civil Court under the
9 Ibid Section 20.
10 Ibid Section 21
180
Code of Civil Procedure, 1908, while trying a suit in respect of the following
matters, namely, the summoning and enforcing the attendance of an witness
and examining him on oath; the discovery and production of an document;
the reception of evidence on affidavits; the requisitioning of any public
record or document or copy of such record or document from any Court or
office; and such other matters as may be prescribed and shall have the
requisite powers to specify its own procedure for the determination of any
dispute coming before it.
(3) All proceedings before a Lok Adalat shall be deemed to be judicial
proceedings within the meaning of sections 193, 219 and 228 of the Indian
Penal Code (45 of 1860) and every Lok Adalat shall be deemed to be a Civil
Court for the purpose of section 195 and chapter XXVI of the Code of
Criminal Procedure, 1973 (2 of 1974). As per section 23 of the Act, the
members of the Lok Adalats are deemed to be public servants within the
meaning of section 21 of the Indian Rural code".
Section 22 (A) defines Permanent Lok Adalat as a Permanent Lok
Adalat established under sub section (1) of 22- B. Public utility service is
defined as means any transport service for the carriage of passengers or
11 Ibid Section 22.
181
goods by air, road or water, or postal, telegraph or telephone service; or
supply of power, light or water to the public by any establishment; or system
of public conservancy or sanitation; or service in hospital or dispensary; or
insurance service, and includes any service which the Central Government
or the State Government, as the case may be, may, in the public interest, by
notification declare to be a public utility service for the purposes of this
chapter12.
Section 22-B Provides that the Central Authority or every State
Authority shall by notification, establish permanent Lok Adalats at such
places and for exercising such jurisdiction in respect of one or more public
utility services and for such areas as may be specified in the notification
consisting of the District Judge, sitting or retired, or Additional District
Judge or as Chairman and two other persons having adequate experience in
public utility service to be nominated by the Central Government or, as the
case may be, the State Government on the recommendation of the Central
Authority or the State Authority. It can take Cognizance of the matter
brought to it by any party to a dispute by way of an application. It has no
jurisdiction in respect of any matter relating to an offence not compoundable
12 Ibid Section 22(A).
182
under any law13. It has no jurisdiction in the matter where the value of the
property in dispute exceeds ten lakh rupees. After an application is made
under sub section (1) of section 22 (C) to the permanent Lok Adalat, no
party to that application shall invoke jurisdiction of any court in the same
dispute. Where an application is made, it shall direct each party to the
application to file before it a written statement, stating therein the facts and
nature of dispute under the application, points or issues in such dispute and
grounds relied in support of, or in opposition to, such statement with any
document and other evidence which such party deems appropriate in proof
of such facts and grounds and shall send a copy of such statement together
with a copy of such document and other evidence, if any, to each of the
parties to the application. It may require any party to the application to file
additional statement before it at any stage of the conciliation proceedings,
shall communicate any document or statement received by it from any party
to the application to the other party, to enable such other party to present
reply thereto. Thereafter it shall conduct conciliation proceedings between
the parties in such manner as it thinks appropriate taking into account the
circumstances of the dispute. It shall assist the parties in their attempt to
reach an amicable settlement of the dispute in an independent and impartial
13 Ibid Section 22(B).
183
manner. If it is of the opinion that there exist elements of settlement in such
proceedings which may be acceptable to the parties, it may formulate the
terms of a possible settlement of the dispute and give to the parties
concerned for their observations and in case the parties reach at an
agreement and the settlement of the dispute, they shall sign the settlement
agreement and the permanent Lok Adalat shall pass an award in terms
thereof and furnish a copy of the same to each of the parties concerned.
Where the parties fail to reach at an agreement under sub-section (7), the
permanent Lok Adalat shall, if the dispute does not relate to any offence,
decide the dispute14.
Under section 22-D of the Act The Permanent Lok Adalat shall, while
conducting conciliation proceedings or deciding a dispute on merit under
this Act, be guided by the principles of natural justice, objectivity, fair play,
equity and other Principles of justice, and shall not be bound by the Code of
Civil Procedure, 1908 (5 of 1908) and the Indian Evidence Act, 1872 (1 of
1872)15.
Section 22-E Provides that every Award of the Permanent Lok Adalat
shall be binding on all the parties thereto and on persons claiming under
14 Ibid Section 22(C).
15 Ibid Section 22-D.
184
them, that it shall be deemed to the a decree of a Civil Court, that it shall be
made by a majority of the persons constituting the Permanent Lok Adalat
and that it shall be final and shall not be called in question in any original
suit, application or execution proceedings. It may also transmit any award
made by it to a Civil Court having local jurisdiction and such Civil Court
shall execute the order as if it were a decree made by the Court16.
Order 23 Rule 3 of the code of civil procedure lays that where it is
proved to the satisfaction of the court that a suit has been adjusted wholly or
in part by any lawful agreement or compromise, written and signed by the
parties, the court after satisfying itself about the settlement, can convert the
17
settlement into a judgment decree .
The moment one of the parties to the dispute expresses unwillingness
to arrive at a compromise or settlement, the Lok Adalat would stand stripped
of its jurisdiction to deal with the dispute in any manner18.
The amendments made to the Code of Civil Procedure by Amendment
Act 46 of 1999 and Amendment Act 22 of 2002 seeking to institutionalize
the Alternative Disputes Resolution techniques in the Indian judicial system.
16 Ibid Section 22-E.
17 Code of Civil Procedure 1908, order 23 rule 3.
18 All India Reporter, Commissioner, Karnataka State Public Instructions (Education), Bangalore V.
Nirupadi Virbhadrappa Shiva Simpi, Karnataka, 2001 pp.504-508.
185
A new section 89 has been introduced providing that, in any dispute before
it, if the court finds that there exist elements of a settlement which may be
acceptable to the parties, then the court should formulate the terms of
settlement and give them to the parties for their observations and after
receiving the observation of the parties, the court may re-formulate the terms
of a possible settlement and refer the same for either arbitration, conciliation,
judicial settlement including settlement through Lok Adalat or mediation.
Where a dispute has been referred to Lok Adalat, in accordance with the
provisions of sub-section (1) of section 20 of the Legal Services Authorities
Act, 1987 (39 of 1987); all other provisions of that Act shall apply in respect
of the dispute so referred to the Lok Adalat (Sec.89 (2) (b) C.P.C)19.
Where a dispute has been referred for judicial settlement, the Court
shall refer the same to a suitable institution or person and such institution or
person shall be deemed to be a Lok Adalat and all the provisions of the
Legal Services Authorities Act, 1987 (39 of 1987) shall apply as if the
dispute were referred to a Lok Adalat under the provisions of that Act
(Sec.89 (2) (c) C.P.C)20.
19
20
Code of Civil Procedure 1908 Section 89.
Ibid
186
Order 14, Rule 6 state that questions of fact or law or agreement may
be stated in form of issues and Rule 7 states that Court, if satisfied that
agreement was executed in good faith, may pronounce judgment. The court
shall proceed to record and try the issue and state its finding or decision
thereon in the same manner as if the issue had been framed by the Court, and
shall, upon the finding or decision on such issue, pronounce judgement
according to the terms of the agreement; and, upon the judgment so
pronounced, a decree shall follow21.
Order 3 2-A, Rule 3 deals with duty of court to make efforts for
settlement of any disputes of civil nature by way of reconciliation. Rule 3(2)
of Order 32-A urges that if in any suit or proceedings, at any stage, it
appears to the civil court that there is reasonable possibility of a settlement
between the parties, the court may adjourn such proceedings for a reasonable
length of period as it thinks proper to enable parties to make attempt to
effect such an amicable settlement. Order X, Rule 1A, IB and 1C of CPC
enable settlement of disputes by arbitration conciliation and through Lok
Adalat for speedy disposal of civil cases22.
21 Ibid Order 14 Rule 6.
22 Ibid Order 32-A Rule 3
187
Lawyers may help the Lok Adalat in persuading the parties to the
litigation to arrive at a compromise or settlement between them. A lawyer’s
assistance in a Lok Adalat is equivalent to ‘legal practice and lawyers are the
only clan, competent to render it. Lawyer’s assistance would be eminently
desirable to settle cases promptly. There is a legal as well as moral
obligation on the part of lawyers to participate in the Lok Adalat
proceedings. Lawyers are officers of Lok Adalats as they are officers of the
regular courts.23
One who only knows law cannot be a good lawyer. As Buckland well
said, ‘A man will be a better lawyer, as he will be a better architect or
physician, if his mind is open to the movements of thought on the
profounder issues of life, beyond his immediate professional concerns. His
mind is so open and, if his mind is so open he can hardly fail to have some
of philosophy of his own24
Film on Lok Adalat
A short film on “Lok Adalat” highlighting the benefits of the Lok
Adalat has been produced and released by the Tamilnadu State Legal
23 Legal News & Views; Appearance of lawyer at Lok Adalat is Legal & Moral Obligation October
2004, p.47
24 Buckland Some Reflections on Jurisprudence p.47 quoted by RWM Dias in Dias Jurisprudence
pp. 15-16
188
Services Authority on 01.03.2004. It is being screened in almost all the
functions of the Legal Services Authority as a prelude to the function. The
source of dispute, the psychological impact it created on the minds of the
disputants, the yearning for amicable solution sought for by the agriculturist,
the ill-intention of the other elite breed to elongate the dispute through the
court of law, the accidental meeting by the disputants with the District
Authority Personnel and the efforts taken by him to conciliate the matter
effectively and the solution provided by the Legal Services Authority for the
disputes, have been commendably picturised in the film. In fact, the script
and the screen play were sculpted by the Patron-in-Chief of Tamilnadu State
Legal Services Authority25.
In addition to the above, special Lok Adalats have been organized for
private Financial and Insurance Companies such as Royal Sundaram
Alliance, GE Countrywide, Bajaj Allianz General Insurance SBI Credit
Cards etc.26
Lok Adalat for Cheque Bouncing Cases
After the amendment of Negotiable Instruments Act, making the
offence under section 138 as compoundable, Lok Adalats for Cheque
25 M.Arulselvam, op.cit., p.xviii
26 Ibid p. xix
189
bouncing cases were settled and a sum of Rs.28,82,37,935-44/- were
disbursed to the parties.27
Prison Adalat
The first prison Lok Adalat was inaugurated on 15.08.2000 in
Chennai Central prison followed by Madurai, Trichy, Vellore, Cuddalore,
Salem, Tirunelveli and Coimbatore. The functioning of Prison Adalats has
reduced not only the pendency of cases but also the prison population.
Prison Adalats are held by every Chief Metropolitan Magistrate or the
Chief Judicial Magistrate or Metropolitan Magistrate/Judicial Magistrate in
Central Jails on regular basis. The cases of under-trial prisoners who are
involved in petty offences punishable up to the years are being disposed of
through Prison Adalats.28
Legal Aid Clinic may be opened in the law colleges, in the premises
of courts if possible, in the premises of Legal Services Authorities, and at
such other places as the State Legal Services Authority may deem fit.
27 Ibid p. xix
28 Ibid pp. xix, xx
190
District Authorities or the High Court Committees, non-governmental
organizations, public charitable institutions etc. may submit the proposals to
the State Legal Services Authority directly to open legal aid clinic.
Law Colleges may be pursued to open, run and operate Legal Aid
Clinic. Such proposal can also be submitted by the NGOs, public trusts etc.29
It is extremely important that public and social workers should be
involved in the legal services programmes, irrespective of their political
affiliations, so long as they are dedicated to the cause of legal services to the
vulnerable sections of the community
According to the Annual Report of the Ministry of Law and Justice
for 2003-04, 12.2 lakh cases were settled in about 40,000 Lok Adalats
organized in 2003. Of these, in about 40,970 motor accident cases,
compensation of over Rs.667.60 crore was directed to be paid. The rest
comprised matrimonial, petty civil and criminal and land acquisition cases.
What these statistics do not reveal is that a litigant in a Lok Adalat is most
likely agreeing to a settled verdict for negative reasons - for avoiding
uncertainties, delays and expense in pursuing litigation in courts.
Lok
Adalats cannot be the answer to the need for quality justice. They underscore
the failure of the formal legal system.
29 Ibid, p.xxi
30 Justice P.N.Baghavathi, EXCJ, “Law as an instrument of Change”, p.5l.
191
The following Statistics showing the number of Lok Adalats held in
the whole country and in the state of Tamilnadu will prove the gains
achieved by Lok Adalats as a an Alternative Dispute Resolution System.
STATEMENT SHOWING THE NO OF LOK ADALATS HELD,
CASES SETTLED, MACT CASES SETTLED & COMPENSATION
(AS ON.30.06.07)31
PAID IN MACT CASES
No. of Cases Compensation
No.of
No. of
Paid in
Lok
Settled
MACT
State
(including
Adalats
Cases
MACT Cases
(in Rs.)
held
Settled MACT cases)
6032372049
Andhra Pradesh
86,22
955,145
82,415
26934176
Arunachal Pradesh
127
441
2,520
140,870
810851276
Assam
2,965
17,799
Bihar
651190141
10,821
13,385
471,458
Chhattisgarh
311117337
2,481
37,117
4,285
258381559
Goa
6,832
417
4,797
Gujarat
4,746,989
7947760092
66,793 150,913
26,423
584,918
2022355678
Haryana
3,794
Himachal Pradesh
382279051
3,881
3,222
77,045
Jammu & Kashmir
57,895
735525436
1,807
5,528
Jharkhand
69,732
237829120
2,828
1,863
Karnataka
18,742 108,347
773,369
4380335259
3404449487
Kerala
13,838
86,973
188,524
Madhya Pradesh
1,590,243
5388695936
17,313
78,118
Maharashtra
64,358
419,193
6700217276
17,753
Manipur
43
1,185
57221500
1,170
Meghalaya
93476493
68
903
5,576
Mizoram
733
846
6094080
240
Nagaland
10
370
58779950
374
31 Dr.J.S.Sing, op.cit., p.74
192
STATEMENT SHOWING THE NO OF LOK ADALATS HELD, CASES
SETTLED, MACT CASES SETTLED & COMPENSATION PAID IN
MACT CASES
(AS ON30.06.07)32
State
No.of
No. of
No. of Cases
Compensation
Lok
MACT
Settled
Paid in MACT
Adalats
Cases
(including
Cases (in Rs.)
held
Settled
MACT cases)
Orissa
8,393
33,512
3,286,272
1720108090
Punjab
4,772
15,067
332,026
1165355225
69,053
582,530
1,884,550
3459228001
487
145
2,138
8951000
222,309
119,348
325,358
10392965209
370
681
6,275
43364096
22,704
63,426
6,052,173
4313603784
Uttarakhand
468
1,528
85,645
204483979
West Bengal
6,329
28,192
58,325
1705732049
99
24
531
3736468
961
7,119
76,859
461663242
D & Nagar Haveli
5
92
700
8490699
Daman & Diu
4
28
135
-
4,523
15,870
45,842
2587496900
18
5
66
435000
385
7,100
10,605
204292485
5,87,709 15,30,034
2,22,97,327
6578,57,72,123
Rajasthan
Sikkim
Tamilnadu
Tripura
Uttar Pradesh
And. & Nico. Islands
U.T.Chandigrah
Delhi
Lakshadweep
Puducherry
Total
32 Ibid
193
STATEMENT SHOWING THE NUMBER OF PERSONS
BENEFITTED THROUGH LEGAL AID AND ADVICE33
(As on 30.06.2007)
State
oidhra
radesh
Lrunachal
radesh
Lssam
iihar
!hhattisgarh
roa
fujarat
laryana
[imachal
radesh
immu&
Kashmir
tiarkhand
lamataka
Kerala
ladhya
radesh
laharashtra
lanipur
leghalaya
lizoram
fagaland
•rissa
33
SC
ST
BC
Women
Children
5,767
5,245
8,788
5,515
67
1,379
58
25,501
3,109
1,538
48
8,088
1,007
551
16,998
1,371
2,049
2
5,037
87
82
2,297
4,530
1,121
309
171
723
862
248
414
7,376
370
224,70
4
25,466
-
54
215
371
29,455
General
184
In
custody
1,929
23,706
51,134
321
4
18
1,522
3,369
15,907
4,822
1,789
506
14,621
2,107
2,060
1,001
656
12
29
408
299
92
510
790
9,070
1,290
2,379
11,693
95
72,247
13,034
4,601
614
25,619
9,921
3,321
134,461
28,312
20,180
2,798
56,323
25,837
6,251
797
13,022
628
186
7,964
23,707
483
111
1,929 19,938
95
382
195,26 85,069
3
14,419 2,762
18
18
175
14,960 2,449
867
461
19,579
127
447
10,210
1,420
49,844
67
178
127
2,500
132
1,700
79,941
1,27,913
5,50,277
3,354
119,573
135,291
133,314
54,273
70
16
1,760
411
27,563
899
12
3,06,123
2,352
130
5,616
116
33,510
414,230
2,452
405
26,924
2,940
111,556
-
-
Ibid
194
-
320
157
427
-
4,984
25,657
10,288
-
12
1,604
557
895
Total
STATEMENT SHOWING THE NUMBER OF PERSONS
BENEFITTED THROUGH LEGAL AID AND ADVICE34
(As on 30.06.2007)
6,892
513
4,352
4,829
509
In
custody
13,938
14,940
22,949
4,425
12,703
468
53
197
29
953
161,192
21,225
43,163
257
186
790,481
rakhand
it Bengal
State
SC
jab
isthan
;im
tilnadu
ura
r Pradesh
.&Nico.
BC
ST
Women
Children
General
Total
17,554
48,587
8,158
19,226
82,869
90
1,024
389
2,735
296,550
1,994
12,668
1,161,810
1,698,602
45
1,388
2
144
2,730
4,752
101,728
626,803
371,409
139,395
16,509
2,535,240
4,581,585
1,632
896
53
2,484
1,061
589
16,251
22,966
3,342
1,490
1,443
10,143
580
2,742
8,605
28,345
-
-
-
116
-
13
386
515
43
4
-
306
3
3,252
196
3,804
-
-
-
-
-
-
1
1
-
-
-
-
3,602
250
307
21,132
127
50,480
53,293
129,191
11,005
1
36
919
13,29,321
211
4,29,972
ids
.Chandigr
&
Nagar
eli
lan & Diu
li
shadweep
ucherry
al
-
-
2
3
4,895
5,859
3,184
554
1,582
27,115
1,586
8,17,212
1,305
9,35,861
21
1,55,434
3,206
1,85,366
8,541
50,96,083
15,789
89,49,249
-
34 Ibid
195
Number of Lok Adalats held in the State of Tamil Nadu (Year-wise) up
to 28.02.200635
ADALATS
HELD
CASES
SETTLED
AMOUNT
AWARDED
Rs.P.P.
2,690
62,552
207,44,45,683.22
78
1,787
9,47,49,412.00
1998
687
14,897
85,97,63,386.54
1999
476
13,259
74,80,29,244.00
2000
940
9,664
62,37,52,965.00
2001
1,153
10,547
89,21,15,108.00
2002
4,231
12,992
105,77,08,923.98
2003
5,781
45,194
188,00,96,412.62
2004
6,851
49,231
183,65,46,210.29
2005
4,483
41,933
141,93,63,988.83
679
11,600
34,92,33,974.00
28,049
2,73,656
1183,58,05,308.40
YEAR
1986 TO 31.10.1997
(Legal Aid Board)
01.11.97 to
31.12.1997
Up to 28.02.2006
Total
3S http\\www.tnlegalservices.tn.gov.in\stat_legal_asst.htm
196
Category-Wise Lok Adalat Organized by The State Authority, High
Court Legal Services Committee And District Authority, Chennai.36
Date of
Inaugurat
ion
Last
Adalat
Held on
Motor
Accident
(Pending in
Court of
Small causes,
Chennai)
Debt
Recovery
Tribunal
29.09.2001
17.11.2005
Total
Numb
Number of
er of
Adalats Held
Amount
Cases
(Including
Awarded Rs.
Settle
Last
d
Adalat)
164
2,333 23,47,39-200.00
18.10.2001
31.01.2006
31
469
198,99,38,389.96
Pending in
Court of
Labour
Chennai
Central
Government
Industrial
Tribunal
Pending in
Court of
Family
Chennai
06.11.2001
27.01.2006
73
56
44,339,100.95
10.12.2002
28.03.2003
4
Category
wise
.No
a)
a)
Pending in
Court of
Family
Chennai
Appeal
36
26.02.2002 02.01.2006
65
74
26.02.2004 23.09.2005
3
3
Ibid.
197
.No
a)
(a)
Total
Numb
Number of
er of
Adalats Held
Cases
(Including
Settle
Last
a
Adalat)
Date of
Inaugurat
ion
Last
Adalat
Held on
04.12.2001
21.02.2006
6
136
1,72,50,653.00
18.12.2001
25.07.2003
11
422
11,27,82,075.00
05.09.2003 27.06.2005
6
205
97,46,565.00
UCO Bank
18.01.2001
5
72
70,37,727.00
Pension
Appeal Suit
Pending in
High Court
(LAOP)
Electricity
Board
E.B. Appeal
Pending in
High Court
Metro water
Port Trust
Labour
Employees
Mentally
Disabled
22.02.2002 20.02.2006
25.01.2002 26.02.2002
69
2
193
36
17.04.2002
8
47
86,23,172.00
31.12.2002 27.01.2006
20
124
2,49,37,943.77
17.07.2002 17.07.2002
18.07.2002 18.07.2002
07.08.2002 08.04.2003
1
1
7
1
98,280.00
-
-
44
82,62,791.00
737
Reception order
were issued by II
M.M.
Category
wise
Indian
Overseas
Bank
Taxation
Appellate
Tribunal
(Corporation
of Chennai)
Municipality
Taxation
Appellate
Slum
Clearance
23.02.2006
16.03.2005
20.09.2002 01.06.2004
28.10.2002 08.09.2005
198
36
13
Amount
Awarded Rs.
_
15,99,971.16
-
.No
>
F
>
t
»
Category
wise
Date of
Inaugurat
ion
Last
Adalat
Held on
Board
12.12.2002 08.03.2006
Transport
Corporation
CMA Pending
in High Court
State Bank of 21.01.2003 28.03.2003
India
Pending in
25.02.2003 03.09.2003
State
Consumer
Forum
Tamil Nadu
19.03.2003 09.03.2004
Total
Numb
Number of
er of
Adalats Held
Cases
(Including
Settle
Last
Q
Adalat)
Amount
Awarded Rs.
138
1244
28,27,03,167.00
13
111
1,81,85,800.00
8
11
1,90,000.00
10
10
06.08.2003 14.03.2005
26.08.2003 26.08.2003
27.08.2003 17.10.2005
3
1
21
142
51
624
1,28,93,049.41
93,98,400.00
5,51,61,130-56
03.09.2003 25.01.2006
52
582
4,40,65,059.00
30.09.2003
18.10.2005
36
71
67,60,933.00
10.09.2003
05.11.2003
10.09.2003
11.09.2005
1
6
56
174
2,00,00,000.00
1,63,63,890.00
06.11.2003
18.02.2005
3
40
26,83,000.00
Housing
Board
l
i
i
(a)
'(b)
•(c)
Canara Bank
Indian Bank
Union Bank
of India
Cheque
Bounces
Cheque
Bounces
Appeal
Andhra Bank
ICICI Home
Finance
Limited
Royal
Sundaram
Alliance
General
199
l.No
Ka)
Kb)
Kc)
►
1
r
(a)
(b)
(e)
Category
wise
Date of
Inaugurat
ion
Last
Adalat
Heidi on
Insurance
Company
Limited
Corporation
14.11.2003 05.03.2004
Bank
GE
24.11.2003 20.09.2005
Countrywide
Consumer
Financial
Services
Limited
Bajaj Alliance 29.12.2003 01.07.2005
General
Insurance
Company
Limited
Vijaya Bank
08.02.2004 14.02.2006
Neyveli
08.02.2004 15.12.2004
Lignite
Corporation
Gratuity
09.03.2004 09.03.2004
Contempt
Petition
Pending in
High Court
SBI Credit
Card
City Financial
Consumer
Finance India
Limited
Tata Tele
Services
Total
Numb
Number of
er of
Adalats Held
Cases
(Including
Settle
Last
d
Adalat)
Amount
Awarded Rs.
3
91
41,36,083.00
14
272
51,53,522.00
3
19
15,72,500.00
9
20
454
2,145
4,91,37,157.00
13,19,40,364.29
1
2
15.12.2005
44
766
1,36,05,708.00
26.07.2004 28.02.2006
32
452
86,82,737.00
28.09.2004 23.08.2005
13
269
10,59,669.00
28.06.2004
200
.No
(d)
'(e)
(f)
(g)
(h)
(i)
G)
(k)
(l)
(m)
(n)
(o)
(P)
(q)
W
Category
wise
Limited
ABN Amro
Bank
Standard
Chartered
Bank
Airtel Info
Tech
IDBI Bank
HDFC Bank
Reliance India
Mobile
Tsunami
Victims
Air Cell
(RPG)
Oriental Bank
of Commerce
GE
Countrywide
Cash Card
Hutchison
Essar Info
Tech
Hong Kong
Shanghai
Bank
American
Express Bank
Karur Vysya
Bank
Flood Relief
Total
Numb
Number of
er of
Adalats Held
Cases
(Including
Settle
Last
d
Adalat)
Date of
Inaugurat
ion
Last
Adalat
Held on
14.10.2004
19.09.2005
6
86
28,73,485.72
19.10.2004
19.01.2006
22
356
1,00,48,546.00
18.11.2004 27.02.2006
88
1,804
39,80,032.83
19.01.2005 24.08.2005
24.01.2005 30.12.2005
25.01.2005 30.01.2006
4
3
24
22
14
505
11,02,287.00
14,12,160.15
20,98,275.00
16.02.2005 29.07.2005
13
6,150
30.03.2005 28.02.2006
2
10
43,500.00
18.03.2005
18.03.2005
1
16
12,99,114.00
24.03.2005 27.06.2005
9
60
11,42,250.00
26.05.2005
18.10.2005
4
50
2,52,689.00
05.09.
09.2005
05.09.2005
1
5
1,89,000.00
14.12.2005 23.02.2006
5
76
19,09,700.00
23.12.2005 20.01.2006
2
387
19,17,980.00
31.01.2006 31.01.2006
1
387
201
Amount
Awarded Rs.
Benefits Available Under Lok Adalat
(1) There is no court fee and if court fee is already paid the amount
will be refunded if the dispute is settled at Lok Adalat according to the rules.
(2) The basic features of Lok Adalat are the procedural flexibility and
speedy trial of the disputes. There is no strict application of procedural laws
like the Civil Procedure code and the Evidence Act while assessing the
claim by Lok Adalat37. (3) The parties to the dispute can directly interact
with the judge through their counsel which is not possible in regular courts
of law. (4) The award by the Lok Adalat is binding on the parties and it has
the status of a decree of a civil court and no appeal lies from such decree,
hence, the delay in the settlement of disputes is reduced to a great extent38.
Mediation and Conciliation
Aristotle in Rhetoric and on Poetics said, “Arbitration was introduced
to give equity its due weight”. Cicero has also said that for a larger
assessment of fairness processual justice many times would march over the
substantive justice. He has also advocated the process of arbitration.
Blackstone in his famous Commentaries on the Law of English has observed
about the strict justice and formal rules on process and the requirement of
37 Legal Services Authorities Act, 1987, pp.551-552
38 Abdul Hassan V. Delhi Vidyut Board, AH India Reporter, Delhi, 1999 p. 88
202
adopting principles of process to deal with equities which matter in the
controversy.
George Washington, the first President of the United States,
borrowing from his experience as an arbitrator of private disputes in the
1770s, crafted it into his last will and testament:
“I hope and trust, that no disputes will arise concerning them; but if,
contrary to expectations, of the usual technical terms, or because too much
or too little has been said on any of the devices to be consonant with law, my
will and direction expressly is, that all disputes (if unhappily any should
arise) shall be decided by three impartial and intelligent men, known for
their probity and understanding; two to be chosen by the disputants - each
having a choice of one - and the third by those two. Which three men thus
chosen, shall, unfettered by law, or legal constructions, declare their sense of
the testators’ intention; and such decision is, to all intents and purposes to be
as binding on the parties as if it had been given in the Supreme Court of the
United States”.
203
Abraham Lincoln has observed:
“Discourage litigation. Persuade your neighbours to compromise
wherever you can. Point out to them how the nominal winner is often a real
loser - in fees, expenses, and waste of time. As a peacemaker, the lawyer
has a superior opportunity of being a good man. There will still be business
enough.”39
Alternative Disputes Resolution: -
Panchayats existed in ancient India. While empires rose and fell,
village Panchayats continued to serve giving continuity to Indian Village
traditions. The Vedas, Rigveda in particular, reveal that ancient Hindus used
to had a corporate life. Most of them lived in small guilds which were
controlled by Samitis of Vedic forefathers. Valmik’s Ramayana, and
Mahabharada also reveal existence of such institutions40.
In British India, the Royal commissioner of 1907 on decentralization
recommended constitution and development of village Panchayats with
certain administrative powers and having. In 1920, the Bombay Village
Panchayat Act was passed which led to creation of a large number of
39 Justice V.R. Krishna Iyer, op.cit., p.21.
40 S.Bhatnagar, Rural Local Governments in India, p.39.
204
Panchayat Adalats with certain powers relating to administrative of civil and
criminal Justice. Further, in 1924-25 the Civil Justice Committee also
investigated the matter relating to Panchayat, which later resulted in
reorganizing and strengthening of village units as organs of local selfgovernment and that of dispensation of justice.
Nyaya Panchayat have several distinctive features as (1) These are
established by government and have jurisdiction over both civil and criminal
cases arising in the village (2) They function on the broad Principal of
Natural justice and tend to remain procedurally as simple as possible (3)
They are separate from other rural institution, such as village Panchayats,
Vikas Parishads, Sahakari Samitis and that like ensuring a dengue of
nonpartisan approach in their working (4) They do not require to follow into
the provisions of the Criminal Procedure code (CPC) Civil Procedure Code
(CPC), the Evidence Act and other procedural laws (5) They dispense justice
to the Village with speed, economy and effectiveness41
In Jammu and Kashmir Village Panchayat Act 1958, the Panchayats
are endowed with simple and free from complex technicalities ordinarily
associate with the traditional courts oriented to British system. Further the
41 B.K.Raina. “Working of Panchayat Adalats in Jammu and Kashhmir with special reference to
Criminal jurisdiction an Empirical Study” Published in quarterly Journal of the Indian Journal of
Public Administration, Volume XXXIV October December 1988, New Delhi 1988 p.1074.
205
over riding emphasis is on conciliation rather than adjudication. Proceedings
are held at the place of disputes and the parties to the dispute ordinarily
lived. This allows for economy in time, effort and money and helps to
disputes right in the beginning before they assume serious proportions. It
cuts short the litigation expenses and paves way to bring peace in the
Villages. The advantages of allowing peoples participation in administration
of justice at the grass root level through the institution of Panchayat Adalats
are too many. The local conditions and prestige of the members of Adalats
came in handy for effectively dispersing justice. The decision enjoy a farer
degree of trust and acceptance among litigants because of several reasons
such as the members of the Adalat come from the same Village when they
sit in judgment and the structure and working is simple, so much so that
average villagers can follow them. No appeal lies but a revision above lies42.
Those who are economically and socially disadvantaged see the entire
legal system as irrelevant to them as a tool of empowerment and survival.
The economically disadvantaged litigant is, notwithstanding the present
concerted moves to reach legal aid through a geographically wide network
of legal aid institutions, unable to effectively access the system as they
encounter barriers in the form of expenses, lawyers and delays. The formal
42 Ibid.
206
system, as presently ordered, tends to operate to the greater disadvantage of
this class of society which then looks to devising ways of avoiding it rather
than engaging with it. Without fundamental systemic changes, any
alternative system, however promising the results may seem, is bound to be
viewed with suspicion. The participatory nature of an ADR mechanism,
which offers a level playing field that encourages a just result and where the
control of the result is in the hands of the parties, and not the lawyers or the
judges, would act as a definite incentive to get parties to embrace it.
The emergence of alternative dispute resolution has been one of the
most significant movements as a part of conflict management and judicial
reform, and it has become a global necessity. Lawyers, law students, law­
makers and law interpreters have started viewing disputes resolution in a
different and divergent environmental light and with many more alternatives
to the litigation. While ADR is, now, envisioned and ingrained in the
conscience of the Bench and the Bar and is an integral segment of modem
practice.43
In India the need to evolve alternative mechanisms simultaneous with
the revival and strengthening of traditional systems of dispute resolution
43
2002 (I) Supreme Court Cases (Journal) Journal Section p. 11.
207
have been reiterated in reports of expert bodies such as Report of the
Committee on Legal Aid constituted by the State of Gujarat in 1971 and
chaired by Justice P.N.Bhagwati (As he then was) which inter alia
recommended adaptation of the ‘neighbourhood law network’ then in vogue
in the U.S.A; the Report of the Expert Committee on Legal Aid: Processual
Justice to the People, Government of India, Ministry of Law, Justice and
Company Affairs (1973) (1973 Report) which was authored primarily by its
Chairman Justice V.R.Krishna Iyer (as he then was) which while urging
ADR (lok nyayalayas) in identified groups of cases exhorted the
preservation and strengthening of gram nyayalayas; and the Report of twomember Committee of Justice Bhagwati and Krishna Iyer appointed to
examine
legal aid schemes and suggest a framework of legal services
programme that would help achieve social objectives (Report on National
Juridicare Equal Justice -Social Justice, Ministry of Law, Justice and
Company Affairs (1977) (1977 Report). The last mentioned report
formulated a draft legislation institutionalizing the delivery of legal services
and identifying ADR, conciliation and mediation as a key activity of the
legal services committees. Each of these reports saw the process of
improving access to justice through legal aid mechanisms and ADR as a part
of the systemic reform of the institution of the judiciary coupled with
208
substantive reforms of laws and processes. The present legal reforms have
only partly acknowledged and internalized the recommendations in these
reports. Still, the implementations of the reforms pose other kinds of
challenges. The attempt through the introduction of S.89 of the Code of
Civil Procedure 1908 (CPC) is perhaps a major step in meeting this
challenge.
Columbia was a leader among Latin American Countries in running
alternate dispute resolution mechanism as a means of alleviating judicial
congestion and delay. Conciliation measures were strengthened in the 1980s
and are explicitly recognized in Article 116 of the 1991 constitutions.
Centers of conciliation and arbitration have been established by law schools,
Chambers of commerce and non-governmental organizations. A 2000 report
by the corporation for Judicial Excellence (CEJ) recommends greater
development and regulation of alternative disputes resolution mechanism
and ministry of Justice initiatives seek to strengthen extra judicial
conciliation measure. However the constitutional court has ruled that it is
unconstitutional to require mandatory conciliation in labour cases.44
44 Herbert M.Kritzer, (Ed) “Legal System of the World A Political Social and Cultural
Encyclopedia” Volume -I, New Delhi - 110016, pp.313-314
209
In the late 1970s, Maine was one of the first State in USA to make
state sponsored mediation services available in small claims court.
Voluntary mediation was soon introduced in some counties for divorce cases
as well. A 1984 law made mediation mandatory prior to a court hearing in
all contested divorce cases involving minor children. Although mandated
mediation was initially opposed by some divorce attorneys, a 1990 survey
showed overwhelming support for the programme among Maine divorce
lawyers several pilot projects in Maine have experimented with offering or
even requiring the use of alternative dispute resolution services such as case
evaluation and mediation in non divorce civil cases. Despite impressive
evidence from these studies that same for ms of pre-trial ADR can increase
rates of settlement and reduce reliance on formal discovery, motions, and
judicial hearings, Maine’s judicial policy makers have not yet seen fit to
extend mandatory mediation beyond divorce45
The term alternative dispute resolution (ADR) describes processes
used to resolve disputes, either inside or outside the formal legal system,
without formal adjudication and decision by an officer of the state. The term
“appropriate” dispute resolution is used to express the idea that different
kinds of disputes may require different kinds of process that serves for all
45 Ibid Volume III p.948.
210
kinds of human disputing. ADR includes a variety of different processes,
including mediation, which is a process in which a third party (usually
neutral and
unbiased) facilitates a negotiated consensual agreement among
parties without rendering a formal decision, and arbitration, which is the
most like formal adjudication and in which a third party or panel of
arbitrators, most often chosen by the parties themselves, renders a decision
in terms less formal than a court, often without a written of reasoned opinion
and without formal rules of evidence being applied. The full panoply of
processes denominated under the rubric of ADR now includes a variety of
primary and hybrid processes, with elements of dyadic negotiation and
facilitative, advisory, and decisional action by a wide variety of third-party
neutrals, sometimes combined with each other to create new formats of
dispute processing46.
Experience the world over tells us that adversarial litigation is not the
only means of resolving disputes. In 500 BC, Confucius pointed out that
“litigation merely continued conflict and offended nature; it did not heal”. In
1850, Abraham Lincoln advised people to discourage litigation. He advised
parties to compromise whenever they could and pointed out that the nominal
winner in a case was often a real loser in terms of fees, expenses and time.
46 Ibid Volume I p.40
211
As a peacemaker, the lawyer had a superior opportunity of being a good
man. Mahatma Gandhi emphasized the need to encourage litigants to resolve
their disputes amicably. He said: “I had learnt the true practice of law. I had
leamt to find out the better side of human nature and to enter men’s hearts. I
realized that the true function of the lawyer was to unite parties driven
asunder.
Conciliation and mediation has always been part of our cultural
heritage. The Panchayat system was in vogue in this country for several
centuries. Conciliation and mediation is not a fashion or a new trend but it is
really an age-old effective technique, which has recently been re-discovered
by the west, after having been neglected for too long. In the book, “Gandhi’s
way,
A handbook of Conflict
Resolution”,
the writer Mr.Mark
Juergensmeyer, gives some basic rules on how to achieve conflict resolution.
In a Gandhian fight, we can claim to have won, only if your opponent can
say the same and this is what mediation is all about. It ends in a win-win
situation. The very act of the struggle clarifies truth and the person begins to
win the moment the fight begins, because in the Gandhian sense, the fight
exists only as long as there is a state of irresolution and disharmony, which
is untruth and when truth begins to surface then victory also begins.
Conciliation and mediation is the most effective category of ADR. This has
212
been successfully implemented in several countries especially in United
States. The beauty of the mediation is that it is detached from any particular
legal system and can be practiced not only by lawyers but also by anyone.
Therefore, whether a mediator is a lawyer or a Solicitor, a Chartered
Accountant or anybody else is irrelevant. Mediation is akin to lex
mercatoria, a domain that transcends jurisdictional boundaries. In a
mediation, which is well conducted, a sort of miracle happens. The parties
will again listen to each other, even speak to each other. There is a
resumption of a heretofore broken dialogue. One is able to move from mere
exchange of value solutions to an expansion of equitable solutions. It is a
creative process47. The Tamil Nadu Mediation and Conciliation Centre of
the High Court, Madras was inaugurated on 09.04.2005 by Mr.Justice
Y.K.Sabharwal, later Chief Justice of India.
Mediation is strikingly different from the adversarial process. Here, it
is the disputing parties who arrive at the decision which ends the dispute.
The Mediator is a facilitator who opens up communication, encourages
parties to look to their long-term interests, the shortcomings of their case and
the lack of good alternatives to an amicable settlement. The process is
completely voluntary and a party has the right to terminate the mediation at
47 Hon A.P.Shah, Chief Justice, High Court, Madras, special address at the Inaugurations of District
Mediation Centres at the High Court’ 04.09.2006, The Law Weekly dated December 23, 2006
Journal Section pp.93-94
213
any time. It is therefore risk-free. The process also respects confidentiality.
As opposed to a legal proceeding which largely excludes the litigants in the
decision-making process, mediation witnesses the participation of the parties
themselves even when they are accompanied by their lawyers. Again, while
the litigative process works on adversarial lines, with charges and
accusations being routine, mediation serves to bring out more co-operative
behaviour from parties. Mediation brings savings in cost and time. It
salvages relationships and works to achieve sustainable solutions. Of course,
many cases can only be resolved by litigation; but several can be better
handled by mediation. Maurio Cappellat, “Tames Cordelly and Earl Johnson
Jr have said” In contrast, the “welfare right” systems atleast in the write
States, apparently accord as much precedence to legal advice as to
representation in litigation statistics reflect that over forty percent of
American legal aid cases are resolved through “advice only” which less than
seventeen percent require litigation”. Maurio Cappellate, Tames Cordelley
and Earl Johnson Jn (Eds)” Towards Equal Justice48
The Tamil Nadu Mediation and Conciliation Centre is the first of its
kind in the country, to have an institutional scheme. It is designed to
48 Hand book, op.cit., Studies in Comparative Law-A Comparative Study of Legal Aid in Modem
Societies, p.7
214
implement Section 89 of the Code of Civil Procedure under which Judges
may refer suitable matters to mediation and conciliation. Its Charter provides
for the Chief Justice of the High Court as the Patron, a supervising
Committee of three Honourable Judges of the High Court and an Organizing
Committee drawn from the Bar. Its role is to create awareness, train
mediators and administer schemes for referral under Section 89 CPC. It is
prominently located in the High Court building. The mediators are mostly
are mostly lawyers and retired Judges who have under gone training. The
Centre has so far trained 185 mediators. Among these are former High
Court Judges, former Advocates-General, Senior Advocates, other lawyers
of standing, retired IAS officers and other professional. The chief trainer was
Ms Geetha Ravindra, Director, Dispute Resolution Services, Supreme Court
of Virginia, USA. The training taught the theory and practice of mediation
and included several role-plays. The training was preceded by a general
orientation for the Bench and Bar49.
It is indeed a noble cause to find an effective method to find a solution
to a long-standing dispute and create harmony among people especially the
family members. Many times, a court case results out of misunderstanding
49 Sri. Sriram Panchu, Senior Advocate, Organizing Secretary, Tamil Nadu Mediation and
Conciliation Centre, “Note on the Tamil Nadu Mediation and Conciliation Centre” 2006-4-L.W.
dated December 23, 2006 Journal Section p.88
215
and lack of effective communication between parties. When an objective
mediator facilitates removal of misunderstanding between the parties
without going into the legal rigour and corresponding expenditure, there is a
fair chance of early settlement of the cases as a win-win situation50. “The
establishment of Mediation and Conciliation Centre reminds me of a
Conflict free society being created in Chitrakoot area of Madhaya Pradesh
towards a Conflict Free Society; In Chitrakoot, I met Shri Nanaji Deshmukh
(Age 90+) and his team members belonging to Deendayal Research Institute
(DRI). DRI is a unique institution developing and implementing a village
development model, which is most suited for India. Apart from all the
development activities, the institute is facilitating a cohesive conflict free
society. As a result of this, I understand that the eighty villages around
Chitrakoot are almost litigation free. The villagers have unanimously
decided that no dispute will find its way to court. The differences will be
sorted out amicably in the village itself. The reason given by Nanaji
Deshmukh is that, if the people fight among each other, they have no time
for development. I consider that this model may be propagated in Tamil
Nadu by some of the societal organizations. Mediators and Conciliators may
50 Dr.A.P.J.Abdul Kalam, Former President of India address at the Inauguration of District
Mediation Centres at High Court Madras, under the title “Innovations in Justice Delivery” Published
in 2006-4-L.W. dated December 23, 2006 Journal Section p. 99
216
facilitate such an action51”. Alternate Dispute Resolution is a very important
and stimulating theme of contemporary relevance. The world is increasingly
becoming small, distances are being cut down with the increase in
connectivity between nations. The world is evolving into a global village
With the increase in the interaction between people disputes between people
have also increased. Courts are flooded with cases but the number of judges
to resolve these disputes has not increased. A natural consequence of this has
culminated in large number of unresolved disputes pending in the Courts.
Also since litigation is based on the win-loose theory the animosity between
the parties increase which is not congenial for a peaceful society. Litigation
involves lot of delay given the procedural formalities that are to be followed
in appeals/revision/review including the constitutional remedies. Once there
is delay, obviously, the litigation process will become expensive. It is not
just the fee paid to the advocates and Courts, it includes the cost of
conveyance to the Courts, advocates office, loss of man days and the
psychological trauma one goes through in sustaining the litigation.
Ultimately, when the apex court finally decides on the dispute, invariably
one of the parties to the litigation will not be happy because of losing the
51 Ibidp.99
277
case, the other party though has won the case would have paid heavily for
that
52
The Civil procedure code contains the following provisions
facilitating ADR and sometimes making it compulsory. Order 23 Rule 3
provides for compromise of suit - where it is proved to the satisfaction of
the Court that a suit has been adjusted wholly in part by any lawful
agreement or compromise, written and signed by the parties. The Court after
satisfying itself about the settlement, it can convert the settlement into a
judgement decree. Order 32-A, Rule 3 requires the Courts to make efforts
for settlement in case of family disputes. Section 80 of the Civil Procedure
Code requires giving of 60 days mandatory notice in case of suits by or
against the Government with a view to facilitate settlement of disputes
amicably wherever possible. Under order 32 A , an endeavor shall be made
by the Court in the first instance, where it is possible to do so, consistent
with nature and circumstances of the case, to assist the parties in arriving at a
settlement in respect of the subject matter of the suit. Though such in-built
mechanism are there, in the Code of Civil Procedure, for speedy disposal of
cases by resorting to settlements, yet such provisions remain as law-inaction,
52 Honourable Dr. AR.Lakshman, (Former Judge, Supreme Court of India) Chairman, Law
Commission of India, Keynote Address, “Settlement of Disputes outside the court under section
89(1) Read with order X rules 1-A, 1-B and I-C of the CPC” at The Karnataka Judicial Academy
Bangalore, Dated July 14, 2007.
218
in the sense of being a dead-letter. Such state of affairs should not be
allowed to continue any longer. Every concerted effort is to be undertaken to
make such salient provisions as law-in-action53. Abraham Lincoln said
“Discourage litigation, persuade your neighbours to compromise, whenever
you can. Point out to them the normal winner is often a real loser; in fees,
expenses and waste of time. As a peacemaker, the lawyer has a superior
opportunity of being a good person. (Notes For A Law Lecture - Home
Book of American Quotations (By Dodd, Hear) New York, 1967 page 226)
54
53
54
Ibid
Ibid.
219