The Aryavarth Express
Agency (New Delhi): The Government of India is taking significant steps to promote Alternative Dispute Resolution (ADR) systems, as part of its efforts to streamline legal processes and reduce the burden on courts. Recognizing the effectiveness of ADR in resolving disputes amicably and efficiently, the government has provided an enabling legal framework under Section 89 of the Civil Procedure Code, 1908. This section encompasses various forms of ADR, including arbitration, conciliation, mediation, and judicial settlement through Lok Adalat.
The Mediation Act, 2023, further strengthens this framework, allowing courts to refer disputes involving compoundable offences, including matrimonial offences, for mediation. The outcome of such mediation is then considered by the court in accordance with the law. This approach is expected to help in resolving conflicts out of court, especially in cases where an amicable settlement is possible.
The government’s efforts extend beyond the legal framework. The National Mission for Justice Delivery and Legal Reforms, established in August 2011, is aimed at increasing access to justice by reducing delays and arrears in the system. The Centrally Sponsored Scheme for Judicial Infrastructure has played a crucial role in enhancing judicial infrastructure, with significant investments made since its inception in 1993-94.
The e-Courts Mission Mode Project represents a technological leap in judicial processes. It leverages information and communication technology for IT enablement of district and subordinate courts. The recent approval of Phase-III of this project with a budgetary outlay of Rs.7,210 crores marks a significant step towards digital and paperless courts, incorporating advanced technologies like Artificial Intelligence (AI) and Blockchain.
Efforts to fill vacancies in the higher judiciary have been ongoing, with notable appointments in the Supreme Court and High Courts since 2014. The strength of the district and subordinate judiciary has also seen a substantial increase, reflecting the government’s commitment to strengthening the judicial system.
The establishment of Fast Track Courts for dealing with heinous crimes and cases involving vulnerable groups, along with the setting up of Fast Track Special Courts (FTSCs) for the expeditious disposal of cases of rape and crimes under the POCSO Act, are other critical measures in this direction.
Legal amendments, such as the Negotiable Instruments (Amendment) Act, 2018, and the Specific Relief (Amendment) Act, 2018, have been made to reduce litigation in courts. The Tele-Law program, launched in 2017, provides a platform for legal advice and consultation, further expanding access to legal services.
The Arbitration and Conciliation Act, 1996, and its subsequent amendments reflect the government’s commitment to making arbitration a viable dispute resolution mechanism. The India International Arbitration Centre Act, 2019, and the establishment of the India International Arbitration Centre further emphasize this commitment.
The Mediation Act, 2023, provides a comprehensive framework for mediation, establishing an ecosystem for institutional mediation in India. Lok Adalats have also been recognized as an effective ADR mechanism, offering an amicable settlement forum for disputes.
This information, provided by Minister of State for Law and Justice Shri Arjun Ram Meghwal, highlights the government’s comprehensive approach to enhancing the efficiency of India’s legal system through the promotion of ADR mechanisms, ultimately aiming to deliver timely justice to the citizens.
