ROLE OF MEDIATION IN FACILITATING ACCESS TO JUSTICE IN ITS TRUE ESSENCE: A CRITICAL ANALYSIS
DOI:
https://doi.org/10.29121/shodhkosh.v4.i1.2023.2311Keywords:
Mediation, Justice Delivery System, Alternative Dispute Resolution, Access To Justice, Equity And EqualityAbstract [English]
The concept of justice is not novel, and so is Mediation. Since the inception of human interactions, disagreements and disputes have been a part of living. When Indian legal System was being formed, it was designed following the adversarial system that seem to favour the strong party and follow the already written law points with little or no room for creative solutions. Also, there are several provisions and arrangements made to extend the access of legal corridors to the underprivileged and left out segments of the society; but this does not ensure that justice has been realised in its true essence. Mere access to legal means, is not access to justice too. This is where Mediation as a means of alternative dispute resolution steps in and creates a comfortable, private, inexpensive and self- determined environment for both the parties at dispute. This paper examines what is true justice and what our constitution makers had in mind in relation to notion of justice when they attempted to give us the related rights. Justifying the stance with real life scenarios and cases, the paper also elucidates how Mediation can help parties achieve justice in its real sense and not just literal or technical.
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“Speaking at the inauguration of the front offices and legal aid defense counsel office under the auspices of the National Legal Services Authority (NALSA) in New Delhi, Justice Ramana” — the second most senior judge of the top court — said: “Ever since we declared ourselves to be an independent nation, we found ourselves caught between the twin problems of ‘poverty’ and ‘access to justice’. The architects of modern India had debated this issue on several national and international platforms. Sadly, even after 74 years of independence, we are still discussing the same issue. One would have expected that, in this fast-paced world, topics such as these would have become outdated, however, they have not.” He further said that, “Being the second most populous country in the world, we are now a force to be reckoned with. Indians, with their grit, determination, intelligence and expertise are now highly sought after in the work-force. On the other side of this success story, we are still a country with millions of people living without access to basic fundamental amenities of life, including access to justice. Although the reality is sad, the same should not demotivate us,” Justice Ramana said, adding that, “As long as we are a nation which continues to face such dual realities, such discussions must continue.”
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Image Reference : https://dx.doi.org/10.29121/shodhkosh.v4.i2.2023.2311 DOI: https://doi.org/10.29121/shodhkosh.v4.i2.2023.2311
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Copyright (c) 2023 Suraj Kumar Maurya, Dr. Ashutosh Mishra, Dr. Madhuri Kharat, Dr. Ashutosh Acharya, Dr. Ajay Sonawane, Shruti Shukla
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