Redrawing Justice: The Role Of ADR In Delivering Justice
- IJLLR Journal
- Apr 15
- 2 min read
Brunda Konakondla, O.P. Jindal Global Law School (JGLS)
INTRODUCTION
In the world’s largest democracy, access to justice remains a fundamental aspect of the rule of law making sure that all individuals can claim their legal rights challenging any violations thereby seeking justice. The pillars to a successful justice system are grounded in principles of equality, fairness, and accountability. By resolving matters lawfully, empowerment of citizens and social harmony go hand-in-hand. Thus, a country without justice erodes public confidence in the government. Despite its comprehensive legal framework, Indian judiciary faces setbacks that impede access to justice. One of the most concerning issues is the huge backlog of cases with numerous on hold at different levels of the judiciary. This pending of case results in justice being delayed with lengthy trial durations, and thus the adage, “Justice delayed is justice denied.” Additionally, the high litigation fees pose a wall for the marginalised and economically disadvantaged communities. Legal costs, court charges and other expenses make justice a privilege than a universal right, furthering societal inequalities. The procedural complexity of Indian law exaggerates the problem, with its rules and formalities, making it difficult for common man to navigate through the Indian legal system without professional assistance. Moreover, being a diverse country, Indian population face linguistic and cultural barriers amongst themselves, thereby alienating individuals from the formal justice system. Together, these challenges make it difficult to seek timely, affordable and fair justice. In order to address these issues, Alternative Dispute Resolution (ADR) arises as a transformative system to lift the pressures on courts. With a pragmatic approach, ADR is crafted to resolve disputes outside conventional courtroom atmosphere. Serving as a critical adjunct to the traditional setting of the judiciary, ADR improves access to justice through expeditated resolutions, diminishing financial burdens on parties with less formal procedures, context- sensitive solution, amicable settlements, and less adversarial platform thereby promoting inclusivity and accessibility. Thus, ADR ensures justice, reaffirming the Indian legal system’s role as the guardian of justice.
