In Search of True 'Alternative' to Existing Justice Dispensing System in India

Abstract

For the efficient functioning of any legal system fundamental requisite is that such system shall be built on the aspirations of the people, law or legal system for that matter will not work in vacuum, forthis reason surrounding social condition are the deciding factors for adoption or for bringing any change in the legal system. Unfortunately in a developing country like India it is considered to be normative practice to find the solution for our problems (legal) in western jurisprudential thought and practices (it is true at least in regard to Legal restructuring is concerned). In India with a view to overcome the problems of formal legal system‘ serious attempt were made and continued to be made, as result of which there is adoption of Alternative Dispute Resolution System of Anglo-Saxon style in this country. Thus, post-emergency, the dominant theme of legal reform was translated into sponsoring relatively informal, conciliatory, and alternative institutions alongside the formal judicial mechanism. The early 1980s saw a concerted effort to promote a more indigenous character within the justice dispensing system, and to provide alternatives to the Anglo-Saxon models of adjudication. In India until now no solemn attempt has been made to identify and to recognize our own system of justice administrations which stood as efficient mechanism of dispute resolution from vedic age. This development brought us to such tragedy that, more than 70% cases in rural India even today were solved by traditional Panchayats, in fact these Panchayats were the true aspiration of institutions whereas, foreign made modern ADRs had got statutory recognition even though they were failed to achieve desired results, except Lok Adalats anything decipherable had happened by ADRs in this country. Today justice dispensing system in India is on twisted road at the one end failure of formal law Courts resulting in backlog of cases, andon the other end ADRs fails to get much need public support, under this circumstance it is essential to rethink on the new ways out for coming generation. Accordingly it is essential in this context to study various forms of ADRs, their development, and mode of working of ADRs so as to assess its pros, cons and applicability to the pluralistic Society of Indian.