With reference to Lok Adalats, which of the following statements is correct?

1. Lok Adalats have the jurisdiction to settle the matters at pre-litigation stage and not those matters pending before any court
2. Lok Adalats can deal with matters which are civil and not criminal in nature
3. Every Lok Adalat consists of either serving or retired judicial officers only and not any other person.
4. None of the statements given above is correct

Explanation

Statement (a) is incorrect

• They have jurisdiction to settle disputes both at the pre-litigation stage and those pending before courts.

Referral Process:

• Court-Pending Cases: A case can be referred if both parties agree, if one party applies and the court sees a chance for settlement, or if the court itself finds the matter appropriate for Lok Adalat.
• Pre-litigation stage: A dispute can be brought before a Lok Adalat on receipt of an application from either party involved in the dispute, even before any formal litigation begins.

Statement (b) is incorrect

• Jurisdiction of Lok Adalats:
  • Civil Matters: Disputes involving property, money recovery, labor, and public utility services (e.g., electricity or water bills).
  • Criminal Matters: Only compoundable offenses—minor crimes that can be legally settled through mutual agreement between the victim and the accused (e.g., simple assault, theft under a certain value, and defamation).
  • Matrimonial and Family Disputes: Issues such as maintenance and family disagreements, though divorce cases are typically excluded from their direct settlement jurisdiction.

Statement (c) is incorrect

• According to Section 19(2) of the Legal Services Authorities Act, 1987, every Lok Adalat consists of:
  • Judicial Officers: Serving or retired judicial officers (who usually act as the Chairman).
  • Other Persons: Individuals with specified experience and qualifications as determined by the organising authority (State, District, or Taluk Legal Services Committees).
• In practice, a standard Lok Adalat bench typically includes:
  • A sitting or retired judge (as the presiding officer).
  • A member of the legal profession (usually an advocate).
  • A social worker (often one engaged in the upliftment of weaker sections or experienced in social issues)

Answer: (d) None of the statements given above is correct