The Already burdened courts with a huge pile of cases to be heard along with the current COVID-19 induced break to the justice delivery system has made experts to renew the debate on having a robust alternate dispute resolution system in India. The Coming into force of the United Nations Convention on International Settlement Agreements Resulting from Mediation recently has given a shot in the arm to the Alternative Dispute Resolution (ADR) mechanism worldwide.
The government has recently proposed to set up 1,023 Fast-Track Courts (FTCs). This was with the backdrop of Supreme Court in a suo moto petition, issued directions to set up special courts.
The SC stated that the districts with more than 100 cases pending under the Protection of Children from Sexual Offences Act must set up special courts to deal with these cases.
According to National Judicial Data Grid Statistics, there are about 3 crore cases pending in the SC, HCs and the subordinate courts across the country. Focusing on the FTCs to solve this issue is the need of the hour.
Since its establishment, these special courts have disposed of more than three million cases. However, FTCs is currently decreasing and its potential is not fully realized as it lacks basic infrastructure, technological resources, and manpower.
Many foreign investors have pulled out of China in response to the tensions arising from the Trade War. This was made use of by countries like Vietnam, Singapore, etc., for their economic development.
India, in 2015, scraped the 2013 BIT model and brought in a new model which was in effect in 2017. This has caused an unfavourable investment environment within the country. India has also pulled out of BITs with 58 countries.
This model according to a Brookings Report is Pro-State with limited security to the foreign investors in India. India’s pulling out of BITs have created uncertainty amongst the foreign investors in India and Indian investors abroad.
Justice is a foundational value of the Indian value system. After Independence, it expectedly became one of the basic principles on which our constitution is based. Despite that, there is an inequality in justice delivery. The time, space, and money quotient of the current judicial process makes it imperative to search for alternate and complementary mechanisms that can make the justice delivery more accessible, democratic, and effective. The formation of Gram Nyayalayas is such one step.