What ails the Indian legal system - HC Judge speaks

Mangalore Today News Network

Udupi, Aug 14, 2015:  In his keynote address on ’ ADR - Alternative Dispute Resolution - Arbitration, Conciliation and Mediation’ at Vaikunta Baliga Law College, Karnataka High Court Judge Justice N Kumar said. said that in India the rate of unsettled cases was high owing to high population, inadequate courts and judges and time-consuming legal process.  The Indian legal system is lagging behind in spite of being the best in the world.

The judge went on to say that the Indian legal system follows Anglo-Saxon jurisprudence. The similar system existed in US some 70 years ago. Now it has given way to a new ADR system, which ensures speedy disposal of pending cases.   Asserting that the ADR was the most abused concept in India, the judge said that the concept was confusing as everyone interprets the idea with their own philosophies.

He added that the older generation resists the concept of the ADR while the middle generation is totally confused. However, the new generation should open up for the concept of the ADR system.

Justice Kumar called upon the legal fraternity not to ignore the new concept but instead try to understand and practice it in every day  life. It will help litigants and the public.

Pointing out that the word ’alternative’ is a confusing term ; the concept of alternative remains confusing  because of the failure of the existing system or lapse on the part of the system.  Whether it could be better and an alternative to the existing system is the question at hand.

The judge said the fact of giving up the existing system bothers the older generation. However, the existing dispute adjudication is time consuming. It is one mode of adjudication for both the criminal and civil cases. Same techniques are followed. He added that the concept of mediation is the product of American Jurisprudence.