Telangana: Conciliation can reduce court backlog, say lawyers

Law Commission says problem more human in India.

 According to the Law Commission of India, judicial reforms are essential for the overall development of the country.

By S A Ishaqui

Hyderabad,August5: Many lawyers in the state are of the opinion that introduction of conciliation in legal disputes at pre-litigation stage is the only solution to relive Indian courts of the burden of backlog.
According to lawyers, conciliation is not available in civil and criminal cases currently. In its report in 2009, the Law Commission of India had noted, “In India, the problem is more human than economic. Ninety percent of the litigations are filed by people from rural areas.  People are even fighting for half an acre of land. Therefore, there has to be an overall solution.”
Conciliation is introduced through the Industrial Disputes Act, 1947. Courts in India have recognised the Alternate Dispute Resolution (ADR) in the fields of arbitration and family law.
Mr M.V. Rajaram, a High Court advocate who is creating awareness about ADR  in the twin cities and Ranga Reddy district, said that resolving civil disputes at the pre-litigation stage would be a great relief to both the parties and it will be possible when both parties agree for a conciliation.
He also said that there was no scope for conciliation in civil courts currently. If the judiciary introduces the system at the pre-litigation stage many cases can be resolved through mediation between both the parties in the presence of a judicial officer.
Mr C. Mallesh Rao, a senior advocate in the city, said that introduction of admission court in the civil side at lower level would pave way for the settlement of civil disputes and petty criminal cases though conciliation. Currently, the admission courts are available in the High Courts in the country.
This facility should be extended to the lower judiciary wherein a judicial officer can initiate counselling of both the parties. If both the parties agree for conciliation, then the judicial officer can pass the order for a settlement which will be binding on both the parties.
Alternate Dispute Resolution needed
The Indian judiciary has already recognised the advantages of Alternate Dispute Resolution (ADR) as it is less expensive, less time-consuming and free  from technicalities.
Considering the advantages of the ADR as it facilitates both the parties for a free discussion on their differences without any fear, the judiciary has allowed introduction of pre-counselling in family matters and consumer disputes. In view of the advantages of counselling at the pre-litigation stage, lawyers are advocating for the introduction of conciliation in civil disputes and petty criminal cases.
The judiciary has introduced permanent Lok Adalats for disposal of legal disputes at the pre-litigation stage to  provide  justice   to   citizens. The Lok Adalats are only dealing with matters pertaining to motor accident claims, matrimonial disputes and compensation for land acquisition.
According to lawyers, the Lok Adalats also deal with the pending cases. The Lok Adalats are also unable to initiate consultations between both the parties at the pre-litigation stage as they are burdened with long-pending cases referred to them.
They noted that National Lok Adalat, which was held on July 8 in the city, dealt with hundreds of cases pending since 1994. Majority of cases are related to motor accident claims.
Mr D.S.N.V Prasad Babu, a advocate in the High Court, said that introduction of conciliation at lower courts in civil matters is need of the hour in view of the increasing backlog of cases in lower courts across the country.
He also said the Law Commission of India and the Supreme Court are also advocating for alternative dispute resolution for reducing the burden of the judiciary. The help of senior lawyers can be sought in this regard, he noted.