The Supreme Court has mooted to settle dowry death cases, pending for more than five years in the apex court, through the Lok Adalat.
The proposal, announced three days back by the Supreme Court Legal Services Committee, was put forward by Chief Justice of India KG Balakrishnan. It clearly says “matters relating to harassment, cruelty to women for dowry, dowry deaths, eve-teasing, and the Domestic Violence Act” can be considered for settlement through Lok Adalat to be held under the aegis of National Legal Services Authority.
However, concern has been expressed about the inclusion of offences where the state is the party and are non-compoundable. Arun Jaitley, a senior advocate, feels that unlike cases pertaining to compensation, motor accident claim or land acquisition which can be “imminently” settled through Lok Adalat, the dowry death cases should and cannot be referred to this mechanism.
Senior advocate Pinki Anand says, “How can Lok Adalat propose to settle cases where State is one of the parties? Dowry death cases are a serious offence targeted against women; these not just attract fines but also entail conviction. These cannot be settled through Lok Adalat.”
However, Shanti Bhushan, former Law Minister and a senior advocate, feels there’s nothing wrong in settling even dowry death cases through this mechanism, as Lok Adalats awards (decisions) are actually passed after motivating the parties to settle their disputes amicably. In fact, it (Lok Adalats) should be encouraged as it provides speedy and inexpensive justice to the people, even without engaging a lawyer,” he adds.