Need culture of settling disputes amicably outside courts: SC judge

Judge of the apex court said that access to justice for all is a pledge that could be fulfilled more effectively if people are encouraged to resort to an alternate dispute resolution system

Written by Utkarsh Anand | New Delhi | Updated: March 20, 2017 10:33 am
Supreme Court, Dipak Misra, Dipak Misra supreme court, NALSA, disputes, disputes india, latest india news Supreme Court

Supreme Court judge and executive chairman of the National Legal Services Authority (NALSA) Justice Dipak Misra on Sunday appealed for developing a culture in India for settlement of disputes through amicable resolution instead of lining up in courts. Speaking at the all-India meet of NALSA in the national capital, the senior-most judge of the apex court said that access to justice for all is a pledge that could be fulfilled more effectively if people are encouraged to resort to an alternate dispute resolution system.

“In our country, there has to be development of (a) settlement culture,” said the judge. It was a duty incumbent upon the chairmen of the legal services authorities, as “captains of his army”, to realise NALSA’s motto of “access to justice for all”, he said.

Appealing to judges and judicial officers associated with legal aid and services to display exemplary dedication and sincerity, Justice Misra emphasised that people’s right to access justice is not only a constitutional and statutory right but also a “basic human right”.

“Anyone involved in legal aid cannot conceive an idea of scepticism and cynicism…no one should entertain any doubt with regard to realisation of services…there has to be complete dedication and sincerity,” said the judge. Supreme Court judge and chairman of the legal services authority in the apex court Justice Ranjan Gogoi spoke about the importance of providing access to justice to the needy and marginalised sections of society amid obstacles arising from financial and geographical constraints, and time-consuming litigation.

Justice Gogoi recalled that NALSA had spearheaded significant public interest litigation in the top court, such as getting legal recognition for transgenders and measures for improving the condition of Vrindavan widows in 2012. “But I don’t see anything moving in this direction now,” said the judge, suggesting that NALSA should consider this aspect.

The judge said that there could be a debate on whether the Legal Services Act should be amended to substitute serving judicial functionaries as heads of these bodies so that a “more satisfying and fulfilling end” could be achieved. Justice Gogoi said that statistics on disposal of cases in Lok Adalats and those given legal aid demonstrated a good picture but it must also be remembered that they could just be “a drop in the ocean” in a country having population of 130 crore, out of which 30 per cent live below the artificially drawn poverty line. He called for a more “proactive role” by NALSA so that a “just social order” is achieved in a country where poverty, unemployment and oppression are still rampant.

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  1. G
    Gaj
    Mar 20, 2017 at 10:31 am
    Supreme Court is going to concentrate on cases like:lt;br/gt;lt;br/gt;whether a women with 24 week feutas can abort or notlt;br/gt;lt;br/gt;whether dogs in Kerala can be killed or notlt;br/gt;lt;br/gt;Whether premarital SEKS is morally and consutionally legal or notlt;br/gt;lt;br/gt;Whether Meghalaya governor's SEKS scandal is valid or notlt;br/gt;lt;br/gt;Whether the Meghalaya governor's appointment of four 22 year old employees is consutionally correct or notlt;br/gt;lt;br/gt;Whether only the entire body of a citizen should stand erect when national anthem is pla in a cinema hall or even body parts need to stand erected lt;br/gt;lt;br/gt;Legalize judges to go on foreign junkets offered by corporateslt;br/gt;lt;br/gt;Whether dance bars are mandated for the pleasure of the president or notlt;br/gt;lt;br/gt;Whether dance bar dancers can be used as acquaintances for Supreme Corrupt Judges or not!lt;br/gt;lt;br/gt;Whether retired Bureau thugs can work as go-betweens(pimps) between parties in a case or not
    Reply
    1. D
      DappA
      Mar 20, 2017 at 3:17 am
      Yes. Only such cases that have a dispute of kore than 30000 Crores need to be brought to SUPREME CORRUPT OF INDIA for the brokers to settle their retired lives.
      Reply
      1. A
        Anurag Srivastava
        Mar 20, 2017 at 7:10 am
        Maximum number of cases in courts relating to service matters. The Department of Personnel and Training (DOPand)are responsible for providing policy relating to all Government services in the country. Based on the decisions of an accepted judgment of the Supreme/High Court, the DOPandT is expected to issue instruction/guideline for universal application. However, officials say that the judgment is applicable in respect of a particular case and not not generally applicable. DOPandT should realize that as per the Consution of India similarly placed individuals are to be treated in a similar manner.
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        1. A
          ashok s
          Mar 20, 2017 at 1:17 am
          This is only possible if disputes are sorted out effective govt forum s like national consumer helpline or aaple sarkar or subidha Kendra's etc etc , but they are not functional . babu's don't listen to common man . this is big query to be resolved at earliest possible
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          1. S
            SK
            Mar 20, 2017 at 10:28 am
            It's already there. Disputes are settled amicably by district level thugs and goooondas ENCOURAGED BY ROTTEN JUDICIARY AND ROTTEN DEMOCRACY THAT HAS BEEN MASTER BATTING CONTINUOUSLY FOR 70 YEARS, INCLUDING 1998 - 2004.
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            1. G
              Gopal
              Mar 20, 2017 at 11:52 am
              A judicial system that is completely rotten prevents a culture of settling disputes. The judges know how to lecture absurdities. Why would a party that was in the wrong settle, if they knew that they could simply drag the case for decades?
              Reply
              1. S
                Shaikh Mohammad
                Mar 20, 2017 at 5:30 am
                The culture of settling disputes amicably outside courts come from laws that are equitous. There is no culture in gov't to make laws that are balanced. Example, rent control legislations. Besides, the lawyers lucrative trade will end if people resolve disputes amicably.
                Reply
                1. S
                  Sankaran Krishnan
                  Mar 20, 2017 at 3:36 am
                  Practically it is not possible because the even if Litigants agree the Lawyers on both sides refuse to accept because the other side will come forward to pay up the disputes amount only and not willing to pay the legal fees and Interest they lost and unless the party is having problem with his won funds will come forward to accept and finish the dispute and instead it is up to the court to tell them unequivocally and if it comes for hearing heavy fines will be imposed and both of them will be forced to pay an amount fixed by the Court towards Natural Calamity Fund and will the court had the authority to issue such orders in the overall interest of the Judiciary is the query ???
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                  1. M
                    Mahender Goriganti
                    Mar 20, 2017 at 3:38 am
                    W of buzzes and noise but where is the beef?? and what is the concrete solution and how do you go about it??
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                    1. P
                      pravin s
                      Mar 20, 2017 at 5:48 am
                      people who r intelligent to settle outside why they wll fight in first place - and then shut all courts suspend all juddges
                      Reply
                      1. R
                        Raj
                        Mar 20, 2017 at 3:46 am
                        Shame on your words. If you cannot deliver...why utter nonsense. Delivering judgments after the death of litigants has become your norm. Even if we follow your advise, YOU YOURSELF ARE TELLING, JUDICIARY IS REDUNDANT and everyone can TAKE/MAKE JUSTICE AS THEY WANT :) Only a lawyer of corrupt CM can give such advise.lt;br/gt;lt;br/gt;BTW: You are paid tax payers money as ry
                        Reply
                        1. S
                          Sreesheel Sreekumar
                          Mar 20, 2017 at 6:58 am
                          Criminal cases cannot be settled out of court, but Civil cases, yes, they can be settled out of Court ! Ayodhya dispute should be settled out of court and a Ram Mandir built at the site as soon as possible !
                          Reply
                          1. s
                            sri.s
                            Mar 20, 2017 at 4:05 am
                            Lawyers wont let do it here in India. Because they gain most out of it. If you take for example 498A, it is the lawyer who most of the time advise the wife or her family to file the case with a concocted story written most of the time by the lawyer him/herself. Lawyers and court officials are the most corrupt who exploit the litigant like blood sucking parasites.
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                              A.s. Malhotra
                              Mar 20, 2017 at 5:47 am
                              Plethora of Criminal, civil and family cases are pending in various Courts. NALSA and SALSA are putting untiring efforts to resolve the disputes through lok adalats and through arbitration and getting success day by day to regress the over load of the Courts. Therefore, adequate funds, appropriate staff and other infrastructure be provided by the government to NALSA to clear to resolve more number of cases as per law between the parties amicably.
                              Reply
                              1. C
                                Citizen
                                Mar 20, 2017 at 1:04 am
                                He is 10000% right. Courts should establish systems like before the disputes are posted for consideration of judges there should be a legal team that can address the differences between the plaintiffs and dependents and and resolve them and only the other matters that can not be resolved be refered to the bench. These people can be senior lawyers and some one from the judiciary Jaihind
                                Reply
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