Report- “Legal Awareness and Sensitization Program”
Sardar Patel Subharti Institute of Law, Swami Vivekanand Subharti University, Meerut, in association with District Legal Services Authority, Meerut organized a public awareness and free legal aid program under the direction of Sh. Rajesh Chandra (former Justice, Allahabad High Court Prayagraj Uttar Pradesh) Director, Subharti Law College and under the leadership of Professor Dr. Vaibhav Goyal Bhartiya, Dean, Faculty of Law. A group of 7 students led by Dr. Sarika Tyagi arrived at Block Rohta of Tehsil Sadar with the objective of spreading awareness on the topic “Alternative Ways to Resolve Civil, Criminal, Banking and Revenue Disputes’ ‘. Dr. Sarika Tyagi explained that Alternative Dispute Resolution (ADR) is a technique to resolve disputes and disagreements between the parties by arriving at a favorable resolution through negotiation and discussion. It is an attempt to establish an alternative mechanism apart from the traditional methods of dispute resolution. Refers to a dispute resolution method, which is an alternative to litigation in courts.
The Indian Judiciary is one of the oldest judicial systems. Which is a world famous fact, but nowadays it is also a well known fact that Indian Judiciary is becoming inefficient to deal with pending cases, Indian courts have unresolved cases for a long time.
The concept of Alternative Dispute Resolution (ADR) mechanism is capable of providing an alternative to the traditional methods of resolving disputes. ADR offers to resolve all types of matters including civil, commercial, industrial and family etc., where people are not able to initiate any kind of dialogue and reach a settlement. Performs exercises that help parties to communicate, discuss differences, and resolve disputes. It is a method which enables the cooperation of individuals and groups, creates social order and provides opportunities to reduce hostility. ADR plays an important role in India through its various techniques to deal with the pendency of cases in Indian courts. She pointed out that the Alternative Dispute Resolution Mechanism provides scientifically developed techniques to the Indian Judiciary which help in reducing the burden on the courts. ADR provides for various modes of settlement including mediation, conciliation, arbitration, negotiation and Lok Adalat. Here, negotiation means, self consultation between the parties to resolve the dispute. But it has no statutory recognition in ADR aims at providing socio-economic and political justice and maintaining integrity in the society as enshrined in the Preamble. ADR seeks to achieve equal justice and free legal aid provided under Article 39-A related to Directive Principles of State Policy (DPSP), and However, if any legal right or social right of any person is violated by any person.
B.A.LL.B. student Anil Kishore pointed out that Article 39 of the Indian Constitution ensures justice to all and free legal aid to the poor and weaker sections of the society. It is the responsibility of the State under Articles 14 and 22(1) of the Constitution to ensure equal opportunities for all. The Legal Services Authorities Act was passed in the year 1987 to establish a mechanism for providing efficient legal services to the weaker sections of the society. Its function is to implement and evaluate and monitor the Legal Aid Program. It is also responsible for providing legal services under this Act. Women and children, SC/ST members, industrial workers, major disasters are eligible for free legal aid. Victims of violence, floods, droughts, earthquakes and industrial disasters, persons with disabilities, persons in custody, persons whose annual income does not exceed Rs. 50,000. Victims of unemployment or illegal human trafficking can avail free legal aid services.
After that Mohammad Tanjeel explains about mediation as a process in which a dispute is submitted by agreement of the parties. In choosing arbitration, the parties choose the option of a private dispute resolution process instead of going to court. The main features of the mediation are consensual, parties choose the arbitrator, the process of arbitration is a neutral and confidential process. Parties to one or more arbitrators who make binding decisions on the dispute.
Shri Vinod Sharma, Secretary, District Legal Services Authority, Meerut, said that alternative dispute resolution processes can help in resolving criminal and behavioral civil cases and said that due to pending court cases and lawsuits, ADR is paramount in almost every civilized system. To overcome the problems of the formal judicial system, a new strategy was developed known as ADR which aims to settle disputes outside the courts. The concept of ADR mechanism in criminal trials grew out of a dire need to provide easy and accessible remedy to poor criminals, who are involved in motor accident cases and other minor criminal cases besides guilty to save some civil disputes like matrimonial cases, debt recovery etc. The most characteristic feature of bargaining justice in a criminal trial is plea-bargaining.
The concept of plea bargaining has recently been included in CrPC 1973. Section 9 of the Family Courts Act, 1984 lays down the duty of the Family Court to persuade and aid the parties to arrive at an agreement in respect of the prima facie subject matter.
Power to pass is also provided so that if there is a reasonable possibility, efforts will be made to make the settlement. The object of section 80 of the Civil Procedure Code is to enable the government to consider its legal position.
Order 23 Rule 3 of C.P.C. lays down that if the Court is satisfied that a suit has been settled wholly or in part and a legal settlement or compromise has been effected, the Court shall pass a decree accordingly. Order 23, Rule 3 enjoins the Court to record a valid settlement or compromise
After that Panel Lawyer Baljit Singh while talking about Lok Adalat said that ‘Lok Adalat – as the name implies, is a system of mutual conciliation or negotiation. It is a forum where the 2 parties to the cases (or disputes) pending in the court or which are at the pre-litigation stage Orders a decree to be passed during the period of planning. Lok Adalats are constituted to fulfill the promise given by the Preamble of the Indian Constitution, which secures social, economic and political justice to every citizen of India. Article 39A of the Constitution provides to the disadvantaged and weaker sections of the society: advocates for providing legal aid and promotes justice on the basis of equal opportunity. Articles 14 and 22(1) of the Constitution also guarantee equality before the law for the State. In 1987, the “Legal Services Authorities Act” was passed by the Parliament, which came into force on 9th November 1995. The first Lok Adalat camp was organized in Gujarat in 1982 as a voluntary and conciliation agency. Lok Adalat aimed at establishing that old system of the Indian judicial system. Lok Adalat aims at establishing the age-old system of Indian judicial system which was prevalent in ancient India, its validity is relevant even in modern days, Indian courts are overburdened with cases involving long, expensive and tedious legal procedures. Hence, Lok Adalat is an alternate solution or device for speedy and cheaper justice. To provide a supplement to the mainstream legal system, to encourage the public to settle their cases outside the formal system, to empower the public to participate in the justice delivery system. Umm Amana, Ria Kumari Chaubey, Himanshu Panwar, Ashutosh Sharma, Rishabh students were also present in the program.
