Eminent jurist N.R. Madhava Menon on Monday said that foreign investors insisted upon arbitration in Singapore or Honk Kong but not in India. This was because settlement of cases through mediation has been rendered meaningless in the country.
Mr. Menon, who is also the Honorary Professor, International Bar Association Continuing Legal Education Chair at National Law School of India University (NLSIU), Bangalore, said in India, mediation was being done in the same way as they do adjudication, which is long drawn.
Inaugurating a four-day workshop on Consumer Protection at SDM Law College here, Mr. Menon said Section 89 was added to Civil Procedure Code for mediated, conciliated settlement without an expensive long-drawn trial.
But advocates were not prepared to mediate or they did not know how, he said.
Lok Adalats
Even Lok Adalats imposed their decision on the parties while “you are not to suggest settlement.” Parliament thought at least 50 per cent of all civil disputes will be settled through mediation. But this was not happening even a decade after the section was introduced.
Also, Parliament thought most of the offences punishable up to seven years of imprisonment would be settled through pre-bargaining and introduced chapter 21A in Criminal Procedure Code.
Languishing in jail
“But I don’t think even in Mangalore, a single case of pre-bargaining has taken place in 10 years. What a shame! I am told 2.3 crore criminal cases are pending with all types of under trials continuing in jail, though they do not deserved to be there,” he said.
He also said that Grama Nyayalaya had not been constituted. “These could give justice without adjournments at taluk levels, though a law was passed in this regard in 2009. High Courts are not showing interest in it,” he said.
Mr. Menon suggested that the fifth year of LLB course should be reserved for non-class practical training and he said the Bar Council of India was seized of the matter.
He said legal issues today needed a multi-disciplinary approach and the practitioners will have to change their mindset and update themselves about the changing needs and take up continuing legal education.
