Community Mediation As A Tool For Social Justice And Grassroots Governance In India
- IJLLR Journal
- Feb 17
- 2 min read
Omkar Acharya, Fakir Mohan University, PG Department of Law, Januganj, Balasore, Odisha, India
Shibanee Acharya, Fakir Mohan University, PG Department of Law, Januganj, Balasore, Odisha, India
ABSTRACT
Community mediation has gained increasing relevance as an alternative dispute resolution mechanism that enhances access to justice and participatory governance in India. In a socio-legal landscape marked by judicial backlog, social inequality, and limited institutional reach at the grassroots level, community mediation offers a decentralized, consensual, and culturally responsive approach to conflict resolution. This paper examines community mediation as a tool for advancing social justice and strengthening grassroots governance within India’s constitutional and legal framework.
The study adopts a doctrinal and analytical methodology to examine the constitutional foundations of access to justice, particularly under Article 39A of the Constitution of India, alongside statutory and judicial developments supporting alternative dispute resolution. It situates community mediation within India’s traditional dispute resolution practices while analysing its contemporary relevance in addressing local disputes related to family, community relations, minor civil conflicts, and social welfare. Judicial recognition of mediation and ADR mechanisms has created a conducive legal environment, within which community mediation functions as a complementary and preventive justice mechanism.
The paper finds that community mediation contributes significantly to social justice by improving accessibility, affordability, and inclusivity in dispute resolution, particularly for marginalized and vulnerable groups. By prioritizing dialogue, consensus-building, and restorative outcomes over adversarial adjudication, community mediation helps preserve social relationships and community cohesion. Additionally, the study highlights its governance dimension by linking community mediation with grassroots democratic institutions, such as Panchayati Raj bodies, thereby promoting participatory decision-making and local accountability.
The paper concludes that community mediation, when properly regulated and integrated with the formal justice system, has substantial potential to function as a sustainable instrument of social justice and grassroots governance in India. Policy reforms aimed at standardization, inclusivity, and institutional recognition can strengthen community mediation as a vital component of India’s justice delivery ecosystem.
Keywords: Community Mediation, Social Justice, Grassroots Governance, Access to Justice, Alternative Dispute Resolution.
