Rajasthan Switch to Hindi
Non-functioning of Lok Adalats in Rajasthan
Why in News?
The government’s delay in extending the tenure of presiding officers and members has halted the functioning of Permanent Lok Adalats in 16 Rajasthan districts, stalling resolution of many pending disputes.
Key Points
- Access to Justice Severely Affected:
- The shutdown has stalled the resolution of thousands of pending civil disputes.
- In Jodhpur alone, over 972 cases are pending, while the Rajasthan High Court estimated the total backlog across districts may exceed 10,000 cases.
- Suo Motu Cognisance:
- Rajasthan High Court took suo motu cognisance and expressed concern over the serious implications for access to justice and the right to a fair trial.
- The Bench cited the Supreme Court’s ruling in Brij Mohan Lal vs. Union of India (2012), which permits judicial review of policy decisions if found arbitrary or mala fide.
- The judges stated that courts cannot abdicate their constitutional duty by labeling it a mere policy issue.
- The State Legal Services Authority clarified that members whose tenures ended are no longer authorised to hear or resolve disputes.
- Court Appoints Amicus Curiae:
- The High Court appointed Senior Advocate as amicus curiae to assist in the case proceedings.
- An amicus curiae (literally, "friend of the court") is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, and bearing on issues of the case.
- The High Court appointed Senior Advocate as amicus curiae to assist in the case proceedings.
Lok Adalat
- About: Lok Adalat, or People’s Court, is a forum designed for settling disputes either pending in court or at the pre-litigation stage through compromise or amicable settlement.
- The Supreme Court emphasises that Lok Adalat is an ancient Indian system of adjudication that still holds relevance today, rooted in Gandhian principles.
- It forms a part of the Alternative Dispute Resolution (ADR) system, which seeks to relieve the burdened Indian courts.
- Objective: Its purpose is to provide quick, inexpensive justice without the lengthy and expensive procedures common in regular courts.
- In Lok Adalat, there are no victors or losers, making it a harmonious approach to dispute resolution.
- Historical Development: The first Lok Adalat camp in independent India was held in Gujarat in 1982, where its success in settling disputes led to its spread nationwide.
- Legal Framework: Initially functioning as a voluntary institution without legal authority, the Legal Services Authorities Act, 1987 provided statutory status to Lok Adalats.
- This Act gave the institution the authority to pass awards with the same effect as a court decree.
- Organising Agencies: Lok Adalats can be organised by NALSA, State Legal Services Authority, District Legal Services Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee, or Taluk Legal Services Committee at intervals and places they deem necessary.
- Composition: A Lok Adalat typically includes a judicial officer (chairman), a lawyer, and a social worker.
- Jurisdiction:
- Lok Adalat has jurisdiction over disputes including pending court cases and pre-litigation matters that fall under the jurisdiction of courts.
- It deals with various cases such as matrimonial disputes, compoundable criminal offences, labour disputes, bank recovery, housing, and consumer grievances.
- Lok Adalat does not have jurisdiction over non-compoundable offences, such as serious criminal cases, as these cannot be settled through compromise.
- Powers: The Lok Adalat shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of the following matters.
- The summoning and enforcing the attendance of any witness.
- The discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning public records or documents from courts or offices.
Rajasthan Switch to Hindi
Tanot Mata Temple in Jaisalmer
Why in News?
The 1,200-year-old Tanot Mata Temple, situated near the India-Pakistan border in Jaisalmer, is set to reopen after a temporary closure prompted by cross-border tensions.
Key Points
- About Tanot Mata Temple:
- Shri Tanot Mata Mandir is an ancient Hindu temple situated in the Jaisalmer district of Rajasthan.
- It is dedicated to Tanot Rai, a manifestation of the Hindu goddess Hinglaj Mata.
- According to local folklore, the temple was originally established by a group of tribal communities who worshipped Tanot Rai as their guardian deity.
- Over the years, it evolved into a major spiritual centre, attracting pilgrims from across the region.
- Wartime Significance and Legend:
- The temple gained national prominence during the Indo-Pak wars of 1965 and 1971.
- Despite intense shelling by Pakistani forces, none of the bombs dropped near the temple exploded — a phenomenon widely regarded by locals and soldiers as divine protection.
- Several unexploded bombs from the 1965 war are now displayed in the Tanot Mata Museum, located within the temple complex.
- Following the 1971 war, the Indian government entrusted the temple’s management to the Border Security Force (BSF).
- Vijay Sthamba and Annual Commemoration:
- The Indian Army constructed a Vijay Sthamba (Victory Pillar) within the temple premises to honour India's triumph in the 1971 war.
- Every year on December 16, the temple hosts a commemorative event to celebrate India's victory over Pakistan.
- Jaisalmer Fort Palace Museum Reopens:
- Authorities reopened the Jaisalmer Fort Palace Museum, located inside the historic Sonar Fort.
- About Sonar Fort:
- The Jaisalmer Fort is India’s only ‘living’ fort, with residents living within its walls, making its maintenance crucial for their safety.
- Built in 1156 AD by Raja Rawal Singh, the fort was strategically constructed to protect the kingdom from invasions. It was an important trade centre along the Silk Route, connecting India with Central Asia.
- Constructed from yellow sandstone that changes colour with sunlight, the fort appears golden, earning it the name "Sonar Quila" or "Golden Fort."
- The Raj Mahal (Royal Palace) is the largest palace within the fort, featuring ornate balconies and intricate carvings. It is a splendid example of medieval Rajasthani architecture, featuring a remarkable blend of Islamic and Rajput style influences.
- Built in 1156 AD by Raja Rawal Singh, the fort was strategically constructed to protect the kingdom from invasions. It was an important trade centre along the Silk Route, connecting India with Central Asia.
- The Jaisalmer Fort is India’s only ‘living’ fort, with residents living within its walls, making its maintenance crucial for their safety.
- The Archaeological Survey of India (ASI) is responsible for the fort's maintenance.
- The hill forts of Rajasthan, including Chittor, Kumbhalgarh, Ranthambore, Gagron, Amer, and Jaisalmer Forts, were designated as a UNESCO World Heritage Site in 2013.
- Jaisalmer Fort along with the Forts of Chittorgarh, Kumbhalgarh and Ranthambore are protected as Monuments of National Importance of India under the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act of 1951.
Border Security Force (BSF)
- The BSF was raised in 1965, after the India-Pakistan war.
- It is one of the seven Central Armed Police Forces of the Union of India under the administrative control of the Ministry of Home Affairs (MHA).
- Other Central Armed Police Forces are: Assam Rifles (AR), Indo-Tibetan Border Police (ITBP), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), National Security Guards (NSG) and Sashastra Seema Bal (SSB).
- The 2.65-lakh force is deployed along the Pakistan and Bangladesh borders.
- It is deployed on the Indo-Pakistan International Border, Indo-Bangladesh International Border, and Line of Control (LoC) along with the Indian Army and in Anti-Naxal Operations.
- BSF has been defending Sir Creek in the Arabian Sea and the Sundarbans delta in the Bay of Bengal with its state of the art fleet of Water Crafts.
- It contributes dedicated services to the UN peacekeeping Mission by sending a large contingent of its trained manpower every year.