The system of ADR and Indian Laws
The existence of fair, just and reasonable procedure for determination and settlement of conficting issues between the litigating parties decides success rate of every justice delivery system and this includes the right of an individual to early disposal of cases known as right to speedy justice. For this reason, there have been various efforts by both legislature and judiciary to ensure early disposal of cases to the litigatants. The Indian judiciary has been considerate enough to include right to speedy trial as a part of fair, just and reasonable procedure enshrined under Article 21 of Constitution as the mental agony, expense and strain which a person suffers in his quest for justice while litigating in courts and which, coupled with delay results in impairing the capability or ability of the litigant to represent his case and sometimes even in the total denial of justice to him.
But, this right of speedy trial and easy access to justice should not be considered as one limited to criminal trial only and is equally available in civil suits. There are various legal provisions which provide alternative and less lengthy juidical mechnisms such as Arbitration and medition.
A unique example of this right as a part of Indian judicial system is the existence of "Village Panchayat System" which not only enjoys constitutional status under PART IX and Schdule 11 and 12 of the Consitution of India but also has a great historical significance as it is an institution meant for local governance. Under this village panchayat system, various judicial powers have been given to them which, though limited, but are of great importance as they are based on the principle of "Conciliation and medition".
Not only this, the major procedural law on civil proceeding, the Civil Procedure Code, 1908 also gives power to the court to refer matters for settlement through Arbitration, conciliation and medition including panchayats inder Section 89 of it. Further, we also have the Arbitration and Conciliation Act, 1996 which specifically provides that procedure to be followed in any arbitartion proceeding. As there is no special procedure to be followed in the arbitartion proceedings and party are free to make arrangements for the same as per the provisions of the Arbitration and Conciliation Act, 1996; the benefits of information tachnology can be used for this purpose as well. Hence, the system of Online Dispute Resolution Mechanism (ODRM) can be a good idea for this. The provisions for incorporating ODRM as an ADRM, by implication only but are very much included in both CPC and Arbitration and Conciliation Act, 1996.
Hence, law on ADR is quite sound in India and the only need is to make good use of the same.
Regards,
Geeta Narula,
Advocate and Consultant,
Delhi High Court
Contact at: advocategeeta@yahoo.com / advocategeeta@rediffmail.com
Mobile: +91 9873331152
http://geetanarula.blogspot.com
http://www.blogger.com/profile/9620500
But, this right of speedy trial and easy access to justice should not be considered as one limited to criminal trial only and is equally available in civil suits. There are various legal provisions which provide alternative and less lengthy juidical mechnisms such as Arbitration and medition.
A unique example of this right as a part of Indian judicial system is the existence of "Village Panchayat System" which not only enjoys constitutional status under PART IX and Schdule 11 and 12 of the Consitution of India but also has a great historical significance as it is an institution meant for local governance. Under this village panchayat system, various judicial powers have been given to them which, though limited, but are of great importance as they are based on the principle of "Conciliation and medition".
Not only this, the major procedural law on civil proceeding, the Civil Procedure Code, 1908 also gives power to the court to refer matters for settlement through Arbitration, conciliation and medition including panchayats inder Section 89 of it. Further, we also have the Arbitration and Conciliation Act, 1996 which specifically provides that procedure to be followed in any arbitartion proceeding. As there is no special procedure to be followed in the arbitartion proceedings and party are free to make arrangements for the same as per the provisions of the Arbitration and Conciliation Act, 1996; the benefits of information tachnology can be used for this purpose as well. Hence, the system of Online Dispute Resolution Mechanism (ODRM) can be a good idea for this. The provisions for incorporating ODRM as an ADRM, by implication only but are very much included in both CPC and Arbitration and Conciliation Act, 1996.
Hence, law on ADR is quite sound in India and the only need is to make good use of the same.
Regards,
Geeta Narula,
Advocate and Consultant,
Delhi High Court
Contact at: advocategeeta@yahoo.com / advocategeeta@rediffmail.com
Mobile: +91 9873331152
http://geetanarula.blogspot.com
http://www.blogger.com/profile/9620500
posted by GEETA NARULA @ 4:36 AM
