Alternative Dispute Resolution - Solution In Civil And Criminal Matters

Priya Chauhan, LLB, Government Law College, Mumbai

ABSTRACT

The founding fathers of the Indian Constitution wanted to ensure justice to every citizen of the country. To that end, the preamble also consists of the word ‘Justice’. Moreover, the 42nd Amendment Act, 1976 introduced Article 39A in the Indian Constitution. Article 39A is a directive principle that states that the state shall ensure the delivery of justice to all the citizens of the country and free legal aid to the weaker sections of the society1. But the impotency of the Indian judicial system in imparting speedy justice is not hidden from anyone. To help in reducing the ever-increasing burden on the judiciary and increase its efficiency, the concept of Alternative Dispute Resolution (ADR) was introduced. ADR is not a new concept but has been prevalent in the country since times immemorial. This paper will study the various aspects of ADR, its history in the Indian scenario, and its effectiveness in solving civil and criminal cases. The important acts guiding the principles of ADR in India include the Arbitration and Conciliation Act, 1996 and Section 89 along with Order X of the Civil Procedure Code. ADR has been recognized for solving civil cases since the British era but its introduction in the Criminal Procedure Code is relatively new. The paper will also cover the change in court’s attitude from being reluctant in accepting ADR as a means for addressing petty criminal cases to accepting it and laying down guidelines for the same in Yashpal Chaudhrani & Ors. vs. State (Govt. of NCT Delhi).