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Chief Justice of India B R Gavai says traditional litigation cannot handle the burden alone. He inaugurates a lecture on legal aid and mediation. Gavai highlights the obstacles faced by marginalized communities in accessing justice. He emphasizes the collaborative role of lawyers and judges. Vikas Singh mentions mediation can reduce pending cases. He says mediation ensures justice for both sides.
Chief Justice of India B R Gavai says traditional litigation cannot handle the burden alone. He inaugurates a lecture on legal aid and mediation. Gavai highlights the obstacles faced by marginalized communities in accessing justice. He emphasizes the collaborative role of lawyers and judges. Vikas Singh mentions mediation can reduce pending cases. He says mediation ensures justice for both sides.
Chief Justice of India B R Gavai on Wednesday said traditional litigation in the country cannot bear the burden alone and justice for every citizen can be ensured through legal aid and mediation.
The CJI was inaugurating the lecture titled "Justice for all- Legal Aid and Mediation: The collaborative role of Bar and the Bench".
The path to justice for the marginalised and vulnerable communities can be complex and filled with obstacles, he said.
CJI Gavai added, "Our constitution enshrines promise of justice for every citizen. Yet in practical terms, the path to justice can be long complex and fraught with obstacles. For many, especially those from the marginalised the journey and vulnerable communities the journey to a fair hearing is hindered by social, economic and geographical barriers."
He was speaking at the event organised by the Supreme Court Bar Association (SCBA).
"Courts may be distant, proceedings intimidating and access to competent legal representatives limited. In such a context, justice remains an abstract ideal rather than a live reality," the CJI said.
Underlining the collaborative role of the bar and the bench, he outlined the role of lawyers who were said to be not only the representatives of individual clients, but also the custodians of justice.
"Judges in turn are entrusted with the solemn duty to ensure fairness, equity and due process. With the operative partnership guided by professionalism, integrity and empathy justice can reach the remotest corners of the country," he said.
Gavai underscored the harmony between judges and lawyers to pull the "chariot of justice" smoothly.
"Legal aid schemes have been a cornerstone of this collaborative effort. Legal aid ensures that those who are economically disadvantaged or socially marginalised are not denied their representation, guidance or support in navigating the complexities of our legal system," he said.
The CJI, however, noted many eligible citizens were unaware of their rights under legal aid schemes
"In a country with rapidly expanding population and ever increasing case load, traditional litigation alone cannot bear the burden. Mediation offers a path that is not adversarial. It is restorative rather than punitive. It encourages parties to seek solution in a collaborative manner. I would encourage senior advocates to actively guide the parties to settle their disputes through mediation," he said.
The CJI said both court litigation and arbitration often involve lengthy procedures, complex formalities and significant financial expenditures.
"Legal aid and mediation are the instruments through which we translate the ideals of the Constitution into lived reality for the people. Lectures such as today remind judges that empathy, outreach and accessibility are not optional virtues but essential components of judicial service," Gavai said.
SCBA president and senior advocate Vikas Singh said justice for all and mediation go hand in hand.
He said there were no losers in mediation as both sides got justice.
"If bar and bench both play a role in mediation and legal aid process, it will be a big opening in this subject. Today we have 5.36 crore pending cases in the country. If mediation succeeds in this country it will drastically and overnight reduce the pendency of cases in this country. It can unclog the system and ensure people in this country gets justice," Singh said.
Source: EconomicTimes
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