It Is High Time The Judiciary Gets Eased Out Of The Massive Load Of Cases, Says Nirmal Singh 3C Company
It is a
well-known fact that the people working in the Indian Judiciary have been
facing a considerable amount of pressure due to 3 crore cases being pending for
years together. The Indian courts are working under a burden of the huge number
of cases to be catered to. There is a massive load of work on the to-do list of
each and every individual, hampering the dedication which they need to give to
the every case.
The
government has initialized a new law in favour of voluntary out-of-court
settlements. According to Nirmal Singh 3C Company, this is a much-needed step
towards easing out the pressure of the courts. It was high time the concerned
authorities took an initiative to settle down the humungous number of
unattended cases.
The Department
of Legal Affairs was given a major role after a recent task force meeting,
second so far was conducted for improving our country’s rank in the World
Bank’s report on "Ease of doing business". The
representatives of the department were clearly asked "to take necessary
steps to introduce a stand-alone law to regulate pre-litigation voluntary mediation".
The meeting also discussed a similar law being in order in Singapore, trying to
draw parallel lines with the Indian version of it.
NirmalSingh 3C Company says that those who are planning to opt for mediation are
going to get considerable financial incentives in the form of refund of court
fees, rebates in income tax, etc., as mentioned in the report by World Bank.
While the
coming in of the new law was being discussed by the task force, the law
secretary of the government of Delhi came forward to inform about the nicely
working pre-litigation centres. Cases regarding family disputes and
neighbourhood issues are effectively handled by these centres.
If Nirmal
Singh 3C Company sees this from a mathematical point of view, then 17000 cases
out of a total of 47000 cases which reach these centres are successfully
settled in the pre-litigation stage itself. The mediation process is majorly used
in order to permanently settle marital disputes as of now, but the
landlord-tenant and industrial disputes, forming a major portion of the
litigation, can also be settled by the use of this method.
The
law ministry said in February last year, “There is no legislation to back the
mediation process in the country...the lack of any statutory backing to the
mediation process is a cause of concern/apprehension in the minds of the
parties regarding the validity/enforceability of the outcome of mediation.
Therefore, some parties may prefer the lawyer-dominated, formal judicial process.”
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