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{{Short description|Dispute resolution mechanism in India}}
{{Infobox law enforcement agency
| agencyname = Sikkim State Legal Services Authority
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| headquarters = Sikkim State Legal Services Authority, SIKKIM STATE LEGAL SERVICES AUTHORITY
Development Area, Gangtok, East Sikkim,Pin: 737101.<ref name="sla ref1" />
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| chief1name = Hon'ble Meenakshi Madan Rai.<ref name="sla ref1">{{cite web |title=SLSA, Sikkim |url=http://sikkimslsa.nic.in/patron-in-chief.html |website=sikkimslsa.nic.in |access-date=31 December 2021}}</ref>
| chief1position = Chief Justice, Sikkim High Court, & PATRON IN CHIEF, SIKKIM STATE LEGAL SERVICES AUTHORITY.
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'''Sikkim Lok Adalat''' or Sikkim State Legal Services Authority (People's Court) is an [[statutory]] and [[autonomous]] body and an [[alternative dispute resolution]] mechanism used in the state of [[Sikkim]]. The Sikkim Lok Adalat Act is designed to provide [[constitution]]al protection guaranteed under Article 14 and 39-A of the [[Constitution of India]], of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably.<ref name="la ref5">{{cite news |title=e-Lok Adalats settle 2,232 cases in Odisha |url=https://www.orissapost.com/e-lok-adalats-settle-2232-cases-in-odisha/ |access-date=26 December 2021 |publisher=Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST |date=23 November 2020}}</ref><ref name="la Ref1">{{cite news |title=Lok Adalat |url=https://www.thehansindia.com/posts/index/Hans-Classroom/2018-04-25/Lok-Adalat/376372?infinitescroll=1 |access-date=28 September 2021 |publisher=thehansindia.com |date=25 April 2018 |language=en}}</ref> It is recognised as statutory authority under the [[Legal Services Authorities Act 1987|Legal Services Authorities Act, 1987]] and the [[Lok Adalat]]s award or decision are deemed to be civil court case and final and enforceable on both parties.<ref name="la Ref1" /> Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat (in the absence of any provision for appeal against such award).<ref name="la Ref1" /><ref>{{Cite web|date=2019-02-26|title=Lok Adalat|url=https://nalsa.gov.in/lok-adalat|access-date=2021-07-16|website=nalsa.gov.in|language=en}}</ref>

"Section 22 B of The Legal Services Authorities Act 1987 provides for the establishment of Permanent Lok Adalats (PLA) for exercising jurisdiction in respect of one or more [[public utility]] services (PUS). Section 22 A of The Legal Services Authorities Act 1987 states what constitutes 'Public Utility Services' for the purpose of Permanent Lok Adalat".<ref>{{cite web|title=Permanent Lok Adalat|url=http://hslsa.gov.in/sites/default/files/documents/PLA.pdf|publisher=Haryana State Legal Services Authority|access-date=2021-12-31|archive-date=2021-09-20|archive-url=https://web.archive.org/web/20210920113842/http://hslsa.gov.in/sites/default/files/documents/PLA.pdf|url-status=dead}}</ref>

== History and Administration ==

Sikkim Lok Adalat formed under Legal Services Authorities Act, 1987 and to implement the provisions of Constitution which had been drafted to help every citizen to get justice irrespective of their economic or other limitations.<ref name="la ref2">{{cite book |last1=Kumar |first1=Dr Ashok |title=Alternative Dispute Resolution System in India |date=9 September 2021 |publisher=K.K. Publications |isbn=978-93-82657-09-5 |url=https://books.google.com/books?id=pyFCEAAAQBAJ&dq=punjab+lok+adalat&pg=PA189 |access-date=25 December 2021 |language=en}}</ref><ref name="la ref7">{{cite book |last1=Khan |first1=Sarfaraz Ahmed |title=Lok adalat : an effective alternative dispute resolution mechanism |date=2006 |publisher=A.P.H. Pub. House |location=New Delhi |isbn=81-7648-868-2 |url=https://books.google.com/books?id=ChRWJjouEesC&dq=bihar+lok+adalat&pg=PA67 |access-date=30 December 2021}}</ref> The primary value laid down as per Indian Constitutional philosophy is individual dignity which forms the basis of human rights and demands on a holistic basis of civil, political, economical, social, and cultural rights.

Sikkim Lok Adalat is formed with objective and purpose of ensuring and providing visible, practical and positive initiatives ensuring equality and non bias decisions as laid down in Constitution of India and assumes significance due to illiteracy and poverty prevalent in India.

Lok Adalats are constituted at below levels:<ref name="la ref3">{{cite news |title=Lok Adalats unclog a choked justice delivery system |url=https://www.deccanherald.com/specials/insight/lok-adalats-unclog-a-choked-justice-delivery-system-1034264.html |access-date=28 September 2021 |publisher=Deccan Herald |date=26 September 2021 |language=en}}</ref>

*State Authorities.
*High Court.
*District and Taluk level.

1. Chairman.

2. Secretaries.

*Mandal Committees.
*Mediation Centres.

Types of Lok Adalat:

* Permanent Lok Adalat - Provides mechanism for adjudging cases referred under public utility services like transport, postal and telegraph.
* National Lok Adalat - Held from year 2015, every month on specific topic across India. These are held on a single day disposing off large number of pending cases.
* Mega Lok Adalat - Held across all courts in state in a single day.
* Mobile Lok Adalats - These types of Lok Adalats are organised occasionally which travel from one place to other across country occasionally and help resolving disputes.

In October 2021, Sikkim State Legal Services Authority organised awareness programmes across state on the benefits of Lok Adalat.<ref name="sla ref3">{{cite news |title=PRESS RELEASE FROM SIKKIM STATE LEGAL SERVICES AUTHORITY – Sikkim Herald |url=https://www.sikkimherald.info/press-release-from-sikkim-state-legal-services-authority-4/ |access-date=31 December 2021 |publisher=Sikkim Herald |date=30 September 2021}}</ref><ref name="sla ref5">{{cite news |title=Sikkim : Legal Awareness Programme Organized At 14000 Ft, Initiative To Deliver Legal Processes |url=https://www.northeasttoday.in/2021/11/05/sikkim-legal-awareness-programme-organized-at-14000-ft-initiative-to-deliver-legal-processes/ |access-date=31 December 2021 |publisher=northeasttoday.in |date=5 November 2021}}</ref><ref name="sla ref6">{{cite news |title=SSLSA holds legal awareness programme at Passingdang |url=http://www.sikkimexpress.com/news-details/sslsa-holds-legal-awareness-programme-at-passingdang |access-date=1 January 2022 |publisher=Sikkimexpress |date=8 November 2021 |language=en}}</ref>

Hon'ble Chief Justice Meenakshi Madan Rai, [[Sikkim High Court]], is current Patron-in-Chief of Sikkim State Legal Services Authority.<ref name="sla ref4">{{cite news |title=Sikkim State Legal Services Authority observes "Azadi ka Amrit Mahotsav" and "Legal Services" week starting today - Sikkim News {{!}} Sikkim Breaking News {{!}} Trending News |url=https://www.thesikkimchronicle.com/sikkim-state-legal-services-authority-observes-azadi-ka-amrit-mahotsav-and-legal-services-week-starting-today/ |archive-url=https://web.archive.org/web/20211018035022/https://www.thesikkimchronicle.com/sikkim-state-legal-services-authority-observes-azadi-ka-amrit-mahotsav-and-legal-services-week-starting-today/ |url-status=usurped |archive-date=October 18, 2021 |access-date=31 December 2021 |publisher=thesikkimchronicle.com |date=2 October 2021}}</ref>

== Lok Adalat Committee and Complaint Procedures ==

Lok Adalat settles disputes which can be mutually resolved<ref name="la ref6">{{cite news |title=2G court correct in not referring LTL matter to Lok Adalat: Supreme Court {{!}} India.com |url=https://www.india.com/news/india/2g-court-correct-in-not-referring-ltl-matter-to-lok-adalat-supreme-court-1653421/ |access-date=28 December 2021 |publisher=india.com |date=18 November 2016 |language=en}}</ref> and mostly relating to [[Matrimonial law|matrimonial]], [[damages]] and partition suits. The following are the requirements of the cases before Lok Adalat:

* Lok Adalat takes up cases which are civil in nature (including marriage, and family disputes) and compoundable criminal cases.
* It accepts cases pending in regular court under their jurisdiction.
* The main condition of the Lok Adalat is that both parties in dispute agree for settlement.
* The court fee paid initially in the court for the complaints/petition is refunded to the parties, as no court fee is chargeable if a matter referred in the Lok Adalat and is resolved with parties agreeing to bind by it.
* Procedural laws and the [[Indian Evidence Act|Evidence Act]] are not strictly followed while assessing claims.
* Decisions are binding on the parties and its order is capable of execution through legal process.

The following types of cases can be admitted in Lok Adalat.

1. Any dispute or case pending in any court of law in India.

* Criminal offences which are compoundable.
* Cases under section 138 of Negotiable Instruments Act.
* Issues relating to recovery of money.
* Issues under Indian Motor Vehicles Act,1988.
* Issues relating to labour disputes.
* Issues relating to public utility bills like electricity, water etc excluding Non Compoundable offences.
* Issues relating to Matrimony.

2. Any dispute to be planned to filed in Court but did not come up for hearing in front of it. Following Pre-Litigation cases can also be filed in Lok-Adalat.<ref name="sla ref2">{{cite news |title=Sikkim : SLSA To Organize National Lok Adalat For Pre-litigation Matters & Pending Cases On September 11 |url=https://www.northeasttoday.in/2021/08/10/sikkim-slsa-to-organize-national-lok-adalat-for-pre-litigation-matters-pending-cases-on-september-11/ |access-date=31 December 2021 |publisher=northeasttoday.in |date=10 August 2021}}</ref>

* Cases under section 138 of Negotiable Instruments Act.
* Cases relating to recovery of money.
* Issues relating to labour disputes.
* Issues relating to public utility bills like electricity, water etc excluding Non Compoundable offences.
* General Maintenance related disputes.
* Other Miscellaneous cases which are civil disputes, criminal compoundable cases and matrimonial disputes.

However, any legal issue which is not compoundable as per the Indian Legal Systems cannot be taken up in the Lok Adalat.

As the members are presiding Lok Adalat as statutory conciliators and not in judicial capacity they can only persuade the parties to come to a settlement. Sometimes counselling sessions are also held between opposing parties.
The main condition of the Lok Adalat is that both parties in dispute agree for settlement and if they are unable to do so, it is referred to the Permanent Lok Adalat for deciding the case provided the case is not related to compoundable offence.

Sikkim Lok Adalat, as per Supreme Court judgement, is formed to arrive at a compromise or solution between parties in dispute and hence does not have jurisdiction to go into merits of complaint.

== See also ==
* [[Gram Nyayalayas Act, 2008]]
* [[Legal Services Authorities Act 1987]]

== References ==

{{Reflist}}

== External links ==
* [http://sikkimslsa.nic.in/lok_adalat.html Official website]


[[Category:Dispute resolution]]
[[Category:Law of India]]

Sikkim Lok Adalat - Revision history

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