SCOPE OF ALTERNATE DISPUTE RESOLUTION IN INDIA
Addl.District Judge, Mavelikara.
Time has come to think to provide a forum for the poor and needy people
who approach the Law Courts to redress their grievance speedily. As we all
know the delay in disposal of cases in Law Courts, for whatever reason it may
be, has really defeated the purpose for which the people approach the Courts to
their redressal. Justice delayed is justice denied and at the same time justice
hurried will make the justice buried. So we will have to find out a via media
between these two to render social justice to the poor and needy who wants to
seek their grievance redressed through Law Court. Considering the delay in
resolving the dispute Abraham Lincon has once said:
“Discourage litigation. Persuade your neighbours to
compromise whenever you can point out to them how the
nominal winner is often a real loser, in fees, expenses, and
waste of time”.
“In the same vein Judge Learned Hand commented, “I
must say that as a litigant, I should dread a law suit beyond
almost anything else short of sickness and of death”.
A committee was formed under Indira Gandhi Government, to recommend
measures at national level to secure for the people a democracy of remedies and
easy access to justice. In one of such committee meetings a dialectical
diagnosis of the Pathlogy of Indo Anglican Judicial Process was presented by the
committee as follows:
“Where the bulk of people are backward social and
economic status but the national goal is social and economic
justice, the rule of law, notwithstanding its mien of magestic
equality but fail its mission in the absence of a scheme to
bring the system of justice near to down-trodden. Therefore
it becomes a democratic obligation to make the legal
process a surer means to Social Justice”.
All the above has made us to think and find out a way to resolve the
dispute between the parties otherw