Access to Justice: “Through Lok Adalat Issues and Challenges”

Yug Bhatia AND  Dharvi Talwar
JIMS School of Law, Affiliated to GGSIPU, New Delhi, India

Volume III, Issue III, 2020

The legal services authority act, 1987 came into force throughout the country w.e.f. 09-11- 1995. Thereafter Delhi State Legal Services Authority came in to force in 2002 which covers 11 district legal services authority establish under section 9 legal service authority act 1987.1 Access to justice, in its widest sense of the effective resolution of disputes whether through court – based litigation or alternative dispute resolution processes, is an essential aspect of ensuring the realization of the fundamental rights recognized and given protection by the constitution. The courts run on very formal processes and are presided by trained adjudicators. The concept of Lok Adalat was a new chapter in a process of elimination of delayed justice resulted in denial of justice. This System of Lok Adalat is based on Gandhi an principle. Article 39 A of Constitution of India provides for equal justice and free legal aid. It is, therefore clear that the state has been ordained to secure a legal system, which promotes justice on the basis of equal opportunity. The language of Article-39A is understood in mandatory terms. This is made more than clear by the use of the word “Shall” in Art-39A.

In Lok Adalat, disputes are not only settled but also the cordial relations between the parties are retained as disputes are resolved amicably. Hence, it is a very healthy way of dispute resolution.

Lok Adalat play a very critical role to encourage and strengthen “Equal access to justice”, the heart of the constitution of India, a reality. Maximum number of Lok Adalat are been organized to achieve the Gandhi an Principle of Gram Swaraj and “access to justice for all”.

 

 Download Full Paper