Tag: the judiciary-subordinate courts and lok adalats

Family Courts Act was enacted in the year 1984 on 14^th September. The main goal of this act was to establish family courts for secure and speedy settlement of disputes relating to marriage and family affairs.

Lok Adalat is a special type of court in which disputes are settled by the mutual consent. Disputes are solved by direct talks between litigants. Main condition of the Lok Adalat is that both parties in dispute should agree for settlement. It is a court designed to shorten the time taken for settling disputes especially in the cases like partition of property and matrimonial cases.

Lok Adalat is a court designed to shorten the time taken for settling disputes especially in the cases like partition of property and matrimonial cases. The main reasons that forced the establishment of Lok Adalat are: huge population of India and unmanageable burden on the Judiciary system.

Lok Adalat is a court designed to shorten the time taken for settling disputes especially in the cases like the partition of property and matrimonial cases. It also settles disputes like arrears of retirement benefits cases, banks unpaid loan cases, motor accident cases etc.

Due to a large number of cases pending in the courts and major delays in the processes, Lok Adalat became an important forum for the people from the 1980s and it received legal recognition in the year 1987. In Lok Adalat, the two parties to a dispute/issue of a pending case of the court have a friendly and co-operative settlement.

Lok Adalat follows very simple procedure, shorn of almost all legal formalism and rituals. The Lok Adalat is presided over by a sitting or retired judicial officer as the chairman, with two other members, usually a lawyer and a social worker. An important condition is that both parties in dispute should agree for settlement through Lok Adalat and abide by its decision.

In India, the state has the responsibility to provide free legal aid to citizens and ensure justice for everyone. The Alternative Dispute Resolution was adopted as a system parallel to the formal court and rules procedure to dispense justice and settle justice. The First Lok Adalat was held in 1982 at Gujarat. They have been given statutory status by Legal Service Authorities Act. It accepts cases pending in court and presides over by Lok Adalat members who act as the conciliator. The Consent of parties to the settlement is required and the decision given is final and binding upon parties.

The use of litigation or legal action which seeks to advance the cause of minority or disadvantaged groups or individuals, or which raises issues of broad public concern  is known as Public interest litigation.  It is a way of using the law strategically to effect social change. It is not introduced in court by the aggrieved party but by the court itself or by any other private party. It is not necessary that the person who is the victim of the violation of his or her right should personally approach the court. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest. Petition for environmental protection, child labour, bondage labour, etc.are included in Public interest litigation.

India has been the party of several International Conventions relating to Conservation of Environment and wildlife etc. Being the party it calls for the obligations to be fulfilled by member nations. The National Green Tribunal was established on 18 October 2010 under the National Green Tribunal Act, 2010. The aim for setting up of the tribunal is to effectively and expeditiously (speedily) dispose of the cases relating to environmental protection, conservation of forests, wildlife, other natural resources etc.

The term PIL as it is famous today originated in the United State of America in the mid-1980s. The nineteenth century saw various movements that contributed to Public Interest law, as a Part of Legal Aid Movement. This led to the establishment of first legal aid office in New York in 1876 and in 1960 the movement started receiving financial support. Public Interest Litigation is a tool for a public-spirited person to take a case and represent the grief of underprivileged persons in a court of law.