Parivarik Mahila Lok Adalat

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SUBMITTED TO: SUBMITTED BY:

Dr Ghulam Yazdani Razia


Professor Department of Law LL.M 3rd
Semester.
Jamia Millia Islamia.
PARIVARIK MAHILA LOK ADALATS (PMLA)
The National Commission for Women (NCW) has evolved the
concept of Parivarik Mahila Lok Adalat, which in turn
supplements the efforts of the District Legal Service Authority
(DLSA) for redressal and speedy disposal of the matters
pending in various courts related to marriage and family affairs.
 Objectives of Parivarik Mahila Lok Adalat:
● To provide speedy and cost free dispensation of justice to
women.
● To generate awareness among the public regarding conciliatory
mode of dispute settlement.
● To gear up the process of organizing the Lok Adalats and to
encourage the public to settle their disputes outside the formal
set-up.
● To empower public especially women to participate in justice
delivery mechanism.
 Methodology:
The Parivarik Mahila Lok Adalat functions on the model of
the Lok Adalat. The Commission provides financial
assistance to NGOs or State Women Commissions or State
Legal Service Authority to organize the Parivarik Mahila
Lok Adalat.
 Benefits of Lok Adalat:
● Cases are amicably settled by the parties in a harmonious
atmosphere.
● It saves time, effort and expenses.
● Long pending disputes in the courts can be settled
through the Lok Adalat expeditiously.
● Copies of decisions of the Lok Adalat are given to the
parties free of cost.
● The decision of the Lok Adalt is final and there is no
appeal against the same.
 Validity of Award of Lok Adalat:
● Under the Legal Service Authority Act, 1987, the
decisions of the Lok Adalat have legal validity.
● The award of the Lok Adalat has the same force as a
decree of the Court of Law.
● The decisions of the Lok Adalat are based on terms
of mutual consent of the parties.
● The decisions of the Lok Adalat are binding on the
parties.
 How to Organise PMLA?
● The NGOs approach the DLSA or District Judge and collect
information aboutpending cases of family disputes within the
district.
● The DLSA selects women related cases which are admissible in the
Lok Adalat, and makes relevant files/case papers available to the
NGOs.
● It is expected that minimum 60 cases shall be taken up for handling
in PMLA.
● NGOs should take written permission from DLSA to do the
counselling in selected cases.
● The NGOs, through their counsellors should approach the parties
and start counselling prior to the date of the PMLA to bring them
to a compromise or settlement.
● The NGOs will organise PMLA on the specified date on which the
cases will be brought up for settlement.
● If necessary, the NGOs may approach the DLSA to summon the
parties.
● The settlement should be noted down on paper in each case and
the signatures of both the parties must be obtained on the
document which will be presented before PMLA for its legal
authentication.
● At least 40% of the cases received from DLSA must be disposed
of on the date of PMLA.
● The NGOs should approach the District Judge to appoint a
Presiding Officer, for the PMLA, who should be a Judge and two
or more members who can be judges, advocates or social
activists.
● The Venue of the PMLA should be a suitable central place
convenient to the panelists as well as the parties and preferably
premises other than a Court Room.
● NGOs should ensure the presence of compromising parties on
the date of PMLA.
● The panel will authenticate the settlement on the date of
PMLA.
● Court decree will be issued as per the settlement and will be
legally binding on both the parties.
● The settled cases will be withdrawn from the dealing courts.
● NGOs should invite media publicity.
● NGOs shall not charge any fee from the parties.
 Role of Counselling:
An important aspect of PMLA is to give patient hearing to
the parties in an informal manner. Counselling plays a
crucial role in settling a case. The Counsellors are required
to assist the PMLA in the delivery of justice. They play
positive and constructive role in the settlement of
disputes. In the process the Counsellors have to win the
confidence of both the parties. Normally the suffering
parties open up before the Counsellors to sort out their
disputes and even other problems. Though it is a time
taking process, it is an important tool to bring the parties
to an amicable settlement and resolve the disputes. The
counsellors should be qualified and have experience to
promote the settlement of disputes between the parties
through conciliation and counselling. Counsellors should
also have good skill of making report of settlement as
Presiding Officer relies on their report.
 Financial Assistance:
The Commission provides financial assistance limited to Rs.
30,000/- (Rupees Thirty thousand only) to NGOs to organise the
PMLA. The item-wise ceiling for incurring expenditure is given
below:
a)Printing of Banners, Posters and HandbillsRs. 5,000/
b)PhotographyRs. 1,000/
c)Tea/Working LunchRs. 800/
(Hospitality should be as per GOI norms of Rs. 5/- per person for
Tea and Rs. 50/- per Person for Working Lunch)
d)Vehicle charges (not more than 15 days)Rs. 6,000/-
e)Honorarium to CounsellorsRs. 7,500/
f)TA/DA to NGOs etcRs. 3,000/
g)Refreshment etc prior to holding PMLARs. 4,000/
(Hospitality should be as per GOI norms of Rs. 5/- per person for
Tea and Rs. 50/per person for Working Lunch)
h)MiscellaneousRs. 2,700/-
For the North- Eastern States the financial assistance shall be of
amount not exceeding Rs. 40,000/-.
 Organisations Eligible for Assistance:
Any voluntary organisation registered under the Societies
Registration Act, 1860 or State Women Commission or DLSA jointly
with NGOs/ Educational Institutions can apply in the prescribed
Format (Annexure –I) with the following documents for financial
assistance to hold PMLA:
i)Certified copy of Registration.
ii)Certified copy of Memorandum & Articles of Association with latest
composition of the Boards.
iii)Certified copy of Audited Statement of Accounts for the last three
years.
iv)Annual Report for the last 3 years (Requirement of documents at (i)
to (iv) is dispensed with in the case of State Commission for Women
and Government bodies.)
v)Documents giving details of past experiences of:
● Counselling and
● Women related programmes.
vi)Written permission from the District Judge/DLSA
with the list of cases.
vii) The tentative date/month for organising the
PMLA (in consultation with the District Judge/
DLSA).
viii)The details of assistance received or likely to be
available from other sources including DLSA, Local
Authorities, Voluntary Organizations and other
Institutions.
 Terms and Conditions:
o The financial assistance given by the Commission will be used only for
organizing PMLA.
o The assistance will be released in two installments:
o Rs. 15,000/- (Rupees fifteen thousand only) will be released as advance
when the proposal is approved by the Commission after receiving
consent of the District Judge/DLSA along with the list of the cases
obtained from the District Judge/DLSA, a small write up on the
proposed programme alongwith steps proposed to be taken for
counseling as per instructions in Para 6, and an undertaking as per the
Format prescribed.
o The balance amount will be released after conducting of the PMLA
and on the submission of the (i) Utilization certificate from the
Chartered Accountant, (ii) Statement of Account, (iii) Original
vouchers of expenditure, (iv) The details of cases considered in the
PMLA and the result thereof and (v) A Report/ Write-up on the
function held with the photographs and copies of Banners etc.
o The utilization certificate along with other documents should be
submitted within one month from the date of PMLA.
o The NGO should ensure involvement of DLSA, other organizations,
public representatives, women activists etc. in the PMLA as indicated
in Para 6.
o Photographs of the programme as well as the pamphlets, any other
literature if published, and media reports should be sent to the
Commission.
o No equipment/asset will be purchased out of the assistance given by
the Commission.
o Unspent portion of the assistance will be refunded to the Commission.
o Separate accounts of the programme will be maintained and the same
will be subjected to test check by the Commission through its
representative or CAG.
o In the event of violation of any of the terms and conditions of sanction
or non-holding of PMLA, the organisation will have to refund the
entire amount of sanction to the Commission on demand or such part
thereof, alongwith penal interest, as per the government rates.
o The Commission may lay down any other conditions prior to the
release of the assistance.
 Matters which can be brought before the
Parivarik Mahila Lok Adalats:
The following type of matters can be brought before the
PMLA:
 —
All civil cases
 —
Matrimonial disputes including divorce, maintenance
(of wife, parents, children etc.)
 —
Compoundable Criminal cases
 —
Disputes related to Labour Laws
 —
Motor Accident Claims
 —
Bigamy.
Conclusion:

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