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NALSA’s Lok Adalat Act!

NALSA stands for National Legal Services Authority has been constituted under the Legal Services Authority Act , 1987 to monitor the implementation of legal aid programmes and to lay down policies and principles in order to make legal services available under the act.

In 1987 , the Legal Services Authorities act was enacted by the parliament which came into force on 9th November 1995 to establish a network for providing free and legal services to the weaker section of society on the basis of equal opportunity.

In every state , a state legal services authority have been constituted to give effects to the policies and directions of NALSA and to provide free legal services to the people.

About National Legal Services Authority (NALSA)

  1. Role of NALSA : To provide free legal services to the weaker section of the society . Its main objective is fast disposal of the cases and to reduce the burden of cases on the judiciary.
  2. Constitutional underpinnings:
  • Article 14 of the constitution : According to this article , there will be equality before the law and equal protection of laws to all the citizens. NALSA’s mandate to provide legal assistance to the underprivileged is directly linked to this principle.
  • Article 38 of the constitution : This article provides a social order in which the justice, social , economic is secured to the citizens.
  • Article 39 A : This article ensures that the aid and judiciary is accessible to all .
  • Article 21 : Right to free legal aid or free legal service is the fundamental right.

Eligible candidates for getting free legal services under NALSA :

  1. BPL Category : Below poverty line people are eligible for free legal aid .
  2. Women , children , SC/ST are provided free legal aid irrespective of their family income.
  3. Victims of any disaster , violence , flood, droughts , earthquake etc.
  4. PWD person with some disability.
  5. Victims of trafficking.

What is Lok Adalat ?

Lok Adalat is a dispute resolution mechanism in India . It is a type of forum where disputes are resolved with compromise and negotiation rather than the courts and long court meetings and hearing.

Its main aim is to resolve the issues in a fast manner regardless of any fights and any money. So simply its free of cost.

Key features of Lok Adalat :

  1. Participation : The type of participation in the lok adalats is totally voluntary for both the parties which are involved in the dispute .
  2. Non Binding : The decisions which are made in lok adalats are not legal bindings and are not proceeded in the courts. Mostly the decisions made are followed my both the parties engaged in the disputes.
  3. Free of cost : As no courts and legal binding is involved in the lok adalats; it is therefore free of cost. There is no court fee or legal cost.
  4. Fast resolution : As it is all about the negotiation and compromise, the resolutions are fast , quick and sometimes are resolved in a day.
  5. Lok Adalats can be organized at district , state and national levels .
  6. IN every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the State.

    Supreme Court Legal Services Committee has been constituted to administer and implement the legal services .

Types of disputes handled by Lok Adalat :

  1. Civil Disputes : Civil disputes, including property disputes , family disputes and consumers disputes are handled by Lok Adalat.
  2. Labor disputes and criminal cases are also handled by Lok Adalat.

Legal Services Institutions at various levels :

  1. National Level : It is constituted under the Legal Services Authority Act of 1987.

Patron in Chief : Chief Justice of India.

2. State Level : State legal services authority.

Patron in chief : Chief Justice of the state high court.

3. District Level : District Level services authority.

4. Taluka Level : Taluka legal services committee.

Read more about NALSA at https://doj.gov.in/access-to-justice-for-the-marginalized/

 

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