Gandhian Principles And The ADR Mechanism
- IJLLR Journal
- 17 minutes ago
- 2 min read
Aditya Kumar Singh, Christ (deemed to be) University
ABSTRACT
Alternative Dispute Resolution or ADR as it is also called has been a real buzzword in correcting the drawbacks that arise in our traditional court procedures or rather where justice has gotten stuck in the traffic or is expensive or just too rigid. The whole atmosphere of the ADR in India is almost in conformity with the gandhian thinking- think non-violence, truth, moral pull, and preservation of the vein of the community. In this paper, we are going to dive into the discussion of how the philosophy of Gandhi still impacts on the modern ADR tools illustrated further in the analysis of how the ethics as promoted by Gandhi are shaping the way disputes are settled nowadays.
The paper divides some of the significant concepts of Gandhian like Ahimsa (no harm), Satya (truth), Sarvodaya (welfare of all) and self-control before examining how the concepts may be matched with ADR practices like mediation, conciliation, negotiation, arbitration and Lok Adalats. After the development of the local and traditional dispute resolving methods over the years under the influences of Gandhi to advance decentralized justice, I would argue that ADR in India is not a direct replica of a western practice. It is a continuation of the antique, ethical justice methodologies of operation that keep the communal-spirit in existence. The discussion also shows that ADR is Gandhian as far as it appreciates compromise through reaching an agreement as a common ground, the decision to participate and not to destroy relationships but solving them in a courtroom.
Traditionally, I believe that the assessment of ADR against the Directive Principles of State Policy in India and, especially, Article 39A in which the degree of equity in obtaining justice is accentuated is to be made. I also unwind the development of how Indian courts have started leaning towards ADR, and this has depicted the heightened approval of consensual justice as constituent of delivering justice to the multitude. However, the article also tears the veil of hiccups attached to the ADR based on Gandhi inspiration including existence of power asymmetry among parties, worry over enforceability of settlements and inefficacy of ADR in tangling commercial disputes of intricate nature.
