Surat: The Southern Gujarat Chamber of Commerce and Industry (SGCCI) organized an awareness session on Mediation Act and Its Importance for the Disputes among Industries & Businesses at Samriddhi, Nanpura, Surat, in which Retired Judge of National Company Law Tribunal Dr. Deepti Mukesh provided detailed information to the entrepreneurs and professionals of Surat.
Retired Judge of National Company Law Tribunal Dr. Deepti Mukesh said that the judicial system in force today is very time-consuming and that is the main reason for delay in justice. This system gradually entered and established itself in the judicial system of India. As legal awareness increased among the people, the number of disputes and cases also increased. Earlier, very few people used to go to court. Such procedures are accepted in Article 40 and Part 9 of the Constitution, but unfortunately we have forgotten to give sufficient weight to these provisions. Now it is time for us to return to our original ideologies.
After independence, India had to face many serious challenges, such as population growth, lack of infrastructure facilities, political differences, partition of the country and situations like the Indo-Pakistan war. Due to all these situations, sufficient focus could not be focused on judicial reforms. The country witnessed important changes like industrial revolution, green revolution, as a result of which the subjects of disputes increased and the judicial processes also increased. More and more people started coming to the courts to get justice, but as the population increased, the judicial structure could not be developed in proportion. It was not possible for the government to establish such a large number of courts. As a result, the number of cases increased, but the number of courts remained almost unchanged.
Even today, if we look at the situation, only 2, 3 or at most 5 courts are functioning in many districts, while legal awareness among the people has increased so much that some kind of legal dispute is seen in almost every second house. He said that in the year 1987, the ‘Legal Services Authority Act’ came into force, in which for the first time the Alternative Dispute Resolution System v ADR was given official recognition and special emphasis was laid on its use. This system means that disputes are resolved through other means than the court, differences are put to an end and the parties can get relief from mental stress, financial burden and loss of time.
