Lok Sabha Question No. 3905 (UNSTARRED), answered on 2022-03-25
Subject: Alternate Dispute Redressal System
Ministry: LAW AND JUSTICE
Asked by: N.K. Premachandran

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS *****

## LOK SABHA

## UNSTARRED QUESTION NO. 3905 TO BE ANSWERED ON FRIDAY, THE 25 TH  MARCH, 2022

## ALTERNATE DISPUTE REDRESSAL SYSTEM

## 3905  SHRI N.K. PREMACHANDRAN:

Will the Minister of LAW AND JUSTICE be pleased to state :

- (a) whether the Government proposes to promote alternate Disputes Redressal System, if so, the details thereof;
- (b) whether  the  Government  proposes  to  introduce  new  effective  mechanism  for redressal of disputes, if so, the details thereof;
- (c) whether the Government proposes to strengthen the activities of the Legal Services Authority, if so, the details thereof;
- (d) whether the Government proposes to permanently appoint Advocates as Prosecutors of  Legal  Service  Authority  for  rendering  service  to  the  poor,  if  so,  the  details thereof;
- (e) whether  the  Government  proposes  to  fix  the  experience  and  qualification  for  the appointment of Advocates for legal aid to poor, if so, the details thereof; and
- (f) whether the Government proposes to increase the income limit of persons to make them eligible for legal aid, if so, the details thereof and reasons therefor?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a)&  (b): Yes,  the  Government  is  promoting  the  Alternate  Dispute  Redressal  System  to supplement the traditional court system.

To  promote  Alternate Dispute  Redressal  System  in India the Arbitration  and Conciliation  Act  1996  was  enacted  to  consolidate  the  law  relating  to  domestic  arbitration, international  commercial  arbitration  and  enforcement  of  foreign  arbitral  awards  as  also  to define the law relating to conciliation and for matters connected thereto.  The above Act has

been amended thrice in 2015, 2019 and 2020 to further improve the arbitration process. The NDIAC  Act  2019  has  also  been  enacted  for  setting  up  of  the  New  Delhi  International Arbitration Centre.

As per amendments carried out in the Arbitration and Conciliation Act, 1996, faster timelines have been provided to make the arbitration process more effectivealong with provisions for fast tracking of arbitration disputes and to see that the process is cost effective.

Commercial Courts Act, 2015 has also been amended in 2018 to provide for the resolution of disputes through Pre-Institution Mediation and Settlement (PIMS) mechanism. According to section 12A of the Commercial Courts Act, 2015 the settlement agreement reached through the  Pre-Institution  Mediation  and  Settlement  (PIMS)  mechanism  have  the  same  status  and effect as if it is an arbitral award on agreed terms under sub-section (4) of section 30 of the Arbitration and Conciliation Act, 1996.

The Government has introduced Mediation Bill, 2021 in the RajyaSabha on 20.12.2021 to enact  a  standalone  law  on  Mediation.  The  Bill  aims  to  promote  and  facilitate  mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated  settlement  agreements,  provide  for  a  body  for  registration  of  mediators,  to encourage  community  mediation  and  to  make  online  mediation  as  acceptable  and  cost effective process and for matters connected therewith or incidental thereto.

The  Bill  is  presently  under  examination  of  the  Department-related  Parliamentary  Standing Committee on Personnel, Public Grievances, Law and Justice.

(c) : The activities of the Legal Services Authorities have been strengthened by introducing by following initiatives:

- i. Web Portal and launch of Mobile App: A web portal has been created through the National  Legal  Services  Authority  (NALSA),  to  file  applications  online  for  getting legal assistance.Legal Services Mobile App has also been launched for Android and IOS version on 8 th August, 2021 and on 9 th November, 2021 respectively.
- ii. Legal  Services  at  Remand  Stage: 9834  Remand  Advocates  have  been  deputed  in each  of  the  Magisterial  Courts  and  in  the  Sessions/Special  Courts,  where  remand proceedings are held for providing legal services to the unpresented under trials at the remand stage.
- iii. Legal  Services  Clinics -  Legal  services  clinics  have  been  opened  in  law  colleges/ universities, villages, community centres, courts, jails, JJB/CWC/Observation homes etc.  to  provide  legal  assistance  to  the  common  people.      Legal  Services  Clinics  are manned by Para-Legal Volunteers (PLVs) and Panel Lawyers.  As on January, 2022, 12110 Legal Services Clinics are established in the country.
- iv. Legal Aid Defense Counsel System (LADCS) :Provision  for  Legal  Aid  Defense Counsel System consisting of lawyers exclusively dealing with legal aided cases has been made in some districts on  pilot basis.
- v. Legal aid to Convicts: Legal Services Authorities have been providing legal aid to convicts  also  for  filing  their  appeals  in  Sessions  Courts,  High  Courts  and  Supreme Court.

- vi. Front Office :  Front  Offices/  Consultation  Offices  are  manned  by  the  panel  lawyers and  one  or  more  Para-Legal  Volunteers  (PLVs)  available  during  office  hours.  The panel lawyers in the front office render service like drafting notice, sending replies to lawyers, noting and drafting applications, petitions etc.

Apart  from  above,  the  Government  has,  through  NALSA,  formulated  10  Schemes under Section 4 (b) of Legal Services Authorities Act, 1987, for the purpose of making legal services available under the provisions of the Act and to ensure that opportunities for  securing  justice  are  not  denied  to  any  citizen  by  reason  of  economic  or  other disabilities which are as under:

- (a) Victims of Trafficking and Commercial Sexual Exploitation Scheme, 2015
- (b) Legal Services to the Workers in the Unorganized Sector Scheme, 2015
- (c) Child Friendly Legal Services to Children and their Protection Scheme, 2015
- (d) Legal  Services  to  the  Mentally  Ill  and  Mentally  Disabled  Persons  Scheme, 2015
- (e) Effective Implementation of Poverty Alleviation Scheme, 2015
- (f) Protection and Enforcement of Tribal Rights Scheme, 2015
- (g) Legal Services to the Victims of Drug Abuse and Eradication of Drug Menace Scheme, 2015
- (h) Legal Services to Senior Citizens Scheme, 2016
- (i) Legal Services to Victims of Acid Attacks Scheme, 2016.
- (j) Legal Services for Differently Abled Children Scheme, 2021

(d): The lawyers are not on the regular roll of Legal Services Authorities and there is no specific number of posts as such for appointment of lawyers for providing legal assistance.

- (e): The lawyers who are providing legal assistance to the people under the Legal Services Authorities Act, 1987 are known as 'Panel Lawyers' or 'Legal Aid Counsel'.  These legal aid /  panel lawyers are empanelled under the provisions of NALSA (Free and Competent Legal Services)  Regulations,  2010,  Regulations  framed  by  the  National  Legal  Services  Authority under  the  Legal  Services  Authorities  Act,  1987.    The  procedure  for  inviting  application, selection  and  empanelment  is  prescribed  under  Rule-8  of  the  aforesaid  Regulations  which inter-alia provides that no legal practitioner having less than three years' experience at the Bar shall ordinarily be empanelled.
- (f): There is no proposal under consideration to increase the income limit to get free legal aid.

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