Krishna As Mediator: A Critical Analysis
- IJLLR Journal
- Jan 29
- 2 min read
Dakshita Upadhyay, Chanakya National Law University
Manil Raj, Chanakya National Law University
“To mediate is a divine function.” - Justice T.S. Thakur
INTRODUCTION TO MEDIATION IN MAHABHARTA
Even before the realm of Alternative Dispute Resolution became a tenet of law as we know it in our current legislation, prior to the codification of civil procedure laws and mediation rules, the most exemplary case of mediational peace in the annals of civilized society existed in the rich culture of ancient India itself. In the revered words of the great epic of India, the ‘Mahabharata’, there occurs a situation of unmitigated import: a pending civil war that endangered not merely the crown of Hastinapura but the moral tenets of an entire epoch itself. And into this maelstrom of kinship came Krishna ;neither as a sovereign, nor as a warrior, but as a mediary of peace itself. His effort at mediating a peace settlement between the ‘Pandavas’ and ‘Kauravas’ is perhaps the first, and most thought-provoking, case of mediational literature in all of recorded human history. An epic such as the Mahabharata portrays not just the war, but the kaleidoscope of diplomatic failures and all the weaknesses of humanity. In the Udyoga Parva, for instance, the peace mission of Krishna itself speaks of the sagacity of reconciliation, soaring above the petty politics of war and addressing itself to the sense and path of destiny itself. “Conflict in the epic leads not just to the disruption of order but also preserves the ideal of exploring all avenues of peace prior to the outbreak of war.” This ages-old tradition of peace itself finds its roots in the Indian tradition of conflict resolution predating Indian law in Indian villages in panchayats or in peace missions of the yuga. In recent years, Indian scholars and judges have relied on this mythic precedent to develop a philosophical basis for mediation. It has been noticed that even present-day mediation as a phenomenon is more than a mere transplant of a foreign institution and has its roots in “unplundered wealth” of indigenous jurisprudence, which is embedded in texts such as Mahabharata and Ramayana.
