BRILLIANCE IN LAW WITH DIVERSE INTERESTS AND ACHIEVEMENTS
In a scenario of rapidly evolving international market mergers, partnership, collaborations are inevitable, which involves high stakes. Conflicting viewpoints and interests are bound to emerge over a period of time. Is this an increasingly common phenomenon, or have out of court settlement become most preferred to full- blown litigations, which is a fact of the day?
Wherever human activities, be it business, commercial or otherwise, conflicts and disputes are bound to arise. Out of court settlement of disputes of any kind is always desirable because of its cost and time effectiveness. In India, because of structural inadequacies, litigations get prolonged. When the disputes are settled by the parties themselves, relationships do not get spoiled.
With India growing phenomenally as a global economy, what are the legal pitfalls that you are helping avoid for ensuring various industries to thrive?
There is no ‘legal’ pitfalls. Pitfalls occur when adequate attention is not paid while entering into business or commercial contracts/ relationships and drawing the agreements/contracts which unfortunately are all made on existing templates. Many times applicable laws are not observed. The contracts must be capable of being performed. When default or delay occur, that leads to conflicts and disputes. In order to avoid them ending up in long-drawn legal battles, it is useful to have a clause of arbitration and prior to that mediation, embedded into the contract itself. This will pave way for a smoother resolution.
What brought about the establishing of Maadhyam as a connecting platform for legal practitioners the world over, and what makes its services salient?
In 2006 when I was President of Delhi High Court Bar Association, the Bar took the responsibility of establishing a Mediation Centre, ‘Samadhan.’ About eighty matters are listed daily in Samadhan. It was felt that just by having a court mediation will not help Indian mediation attain a global standard. There was need to take mediation to grassroot level. We felt we need a globally matching system in place. This was the idea behind Maadhyam. Its salient features are high level propagation of mediation at all levels and bring it into the lives of all, inculcating in them the spirit of amicable resolution of dispute without harming personal or institutional relationships besides capacity building. Maadhyam has successfully the principles of mediation amongst students in schools and colleges. Then comes education regarding avoidance of conflicts through understanding relationships. All forms of resolution should stem from the belief that conflicts have to be resolved harmoniously. With these objectives and aims, Maadhyam has established a Centre in Chennai, one in Nagpur and a third one is coming up in New Delhi. Maadhyam has a Youth Forum to reach out to youngsters – college and school students, introducing to them the nuances of mediation and negotiation. Our experience with students of Delhi University (Miranda House, Sri Ram College, Ramjas, and Daulat Ram etc.) and Schools has been satisfactory. In colleges, students have started to have Maadhyam Peer Mediation Clubs.
Maadhyam’s mediation and arbitration rules and practices are recognised the world over. It has mediators accredited and certified by the Singapore International Mediation Institute (SIMI), Straus Institute for Dispute Resolution,Pepperdine University, USA and trained by JAMS Foundation, USA.
With over three decades of practice as a senior lawyer and member of several national and international legal committees, what, according to you, are the strengths of the Indian legal system and its position on the global legal stage?
India’s legal system after India opened its economy in 1990, has undergone a sea change. However, even now resolution of cases in courts is a big hurdle – mainly the time factor. On the other hand, ADR has thrived. Our system as a whole is good. But once a globally matching speed happens, the Indian legal system would be second to none. For this, infrastructure development and adequate increase in the number of judges at all levels are mandatory.
How are you helping in creating fresh legal frameworks for new and upcoming industry sectors, e.g., those in advanced technologies, cybercrime?
This has to be seen mainly from within the legislative framework. Unless appropriate legislation is there, nothing can be done, in any area. We have to learn from developed countries where technological advancements are taking place faster. It is time India should adopt strategies of nations like Singapore and constitute committees consisting experts including experienced judges to draft legislations and rules to meet the advancement in technology and technology related crimes.
Teaching, training, and mentoring are integral for taking forward young law graduates. Kindly elaborate based on your vision forward?
This is absolutely essential. Good law schools/universities are insisting on quality internships. Law students will get the basic idea of what the profession would mean to them, during meaningful internships. For a meaningful internship, the students must have undergone good curriculum. Then comes mentoring under a good professional. Good professional means who have enough knowledge and experience of work and the ability to teach and instil confidence in youngsters. We need to reduce the number of law schools in the country first. Many of them do not have adequate infrastructure and thereby are not able to provide quality education in law. There should be good aptitude tests and tough Bar Council examinations. Only the best should enter the profession.
What are the gaps that still exist in the legal system and are being exploited even today, and your word of caution about them?
Law is never static. It keeps changing. There are no gaps as such, except that with the change in time change in law is imperative, but it does not happen.
Legal recourse is very expensive and hence unaffordable for the common man leading to a situation where justice is either delayed or denied. In both cases, it is the petitioner who gets victimized. Could you throw light on the question under reference based on life experiences as a leading member of the legal fraternity?
Legal recourse should not be confused with access to justice. Legal recourse is not very expensive. Justice is delayed because of the system’s malfunctioning. Neither adequate infrastructure nor enough number of judges are there. For a common man, access to justice as well as the systemic delay are grave problems. He/she does not know how to seek justice. There should be strong social set up that would lend a hand to seek justice whenever and wherever required. There should be education to all and all must learn not to brook injustice.
Legal Services Authority must be strengthened and its panels must have highly competent lawyers. A wholesome provision of legal assistance must be ensured by the State. The Bar Associations can play a very vital role in this regard.
What are your social initiatives as part of a responsible citizen and organization, besides the vision forward?
As a lawyer I have enough pro bono matters. I encourage my colleagues also to do pro bono matters. Maadhyam International Council for Conflict Resolution has a wing called eKewal Memorial Trust,f named after one of its founder members. This Trust provides various kinds of service to society, including educational support to deserving students, medical support in times like Covid etc.
My vision forward is that India should make available through NGOs or otherwise education to all and one should be made aware of his/her rights and how to get onefs grievances redressed, and conflicts and disputes resolved through mediation.