Highlighting the position of 4 Different Dispute Decision (ADR) mechanisms in India and the way one in every of them — conciliation — can be utilized by psychologists to finish disputes on the police station stage earlier than they find yourself in courts, thereby rising the burden on judicial system, Supreme Court docket Justice Aravind Kumar on Saturday mentioned that this may be a terrific contribution to the nation.
Justice Aravind Kumar was talking on the valedictory ceremony of the 2nd CPSICON 2024 Nationwide Annual Convention, themed “Strengthening Nationwide Safety, Fostering Psychological Well being within the Digital Period.” The three-day convention, that includes over 600 delegates, was hosted by the College of Behavioural Sciences and Forensic Investigations (SBSFI) at Rashtriya Raksha College (RRU).
Through the occasion, the choose mentioned, “There may be one specific part within the code of civil process, it’s Part 89. Courts, legal professionals, judges, police will step in when the battle has taken place. However what is that this battle? It’s a disagreement of concepts. I’ll offer you a easy instance. A sister demanding a partition of a father’s property from her brother. She is going to say look, despite the fact that I’m married and staying with my husband my father has left a lot property as a daughter I too am entitled underneath regulation (underneath Part 6c of the Hindu Succession Act)… I’m entitled to be apportioned part of the property. He (the brother) will say no you might be educated, your marriage was carried out… a lot jewelry was given so that’s equal to your share. Then the battle begins.”
He mentioned, “From there the battle goes to court docket. So all this emanated from battle of concepts. That is the place I say psychologists can step in. You make sure that there is no such thing as a dispute, this battle of concepts doesn’t blossom right into a dispute. That’s the reason there may be Part 89 which says that the court docket should first make makes an attempt at battle decision.”
Explaining battle decision, he mentioned, “That are the 4 strategies? Arbitration, Mediation, Lok Adalat and Conciliation. Whereas the primary three are institutionally recognised, the fourth has not taken form as institutional recognition. So Mr Bimal Patel (RRU Vice- Chancellor) and the scientific psychology society, I’m placing this as meals for thought… The vast majority of such disputes which come to the police station, you possibly can see that they’re resolved. There shall be failure ‘in’ try however there shouldn’t be failure ‘of’ try.”
He added, “If you happen to attempt from now, it’s going to get institutional recognition possibly 10 years, 20 years down the road, you possibly can obtain this. So aside from reaching total discount within the pendency of circumstances, if we maintain including extra circumstances, mechanically the circumstances will construct up. So when you begin placing a bridge or slightly a dam to see that such undesirable or frivolous litigation doesn’t get into the stream of litigation, the sphere of psychology shall be contributing one thing nice to the nation and that is what I hope and belief your establishments will do on this regard.”
Throughout his closing remarks, Justice Aravind Kumar, talked about using Bharat being synonymous to India.
He mentioned, “…Although I’ve used the phrase India, when you see the Structure preamble, the phrase is Bharat. That’s the reason Mr Bimalbhai used the phrase Bharat. The Structure says Bharat means India. You understand, as to what identify is to be saved, there was a committee constituted, it went all through the size and breadth of the nation. Finally, they mentioned Bharat ought to be there. However Parliamentarians, of their knowledge, mentioned they might put it as India. However they determined Bharat could be synonymous with India, a union of states. Bha-ra-ta, that’s the place we ought to be happy with being Indians. Bha is bhava, ra is raga and ta is tala. When all these three come collectively, will probably be a very good tune, a very good music. And that’s what we must always try to see that our nation achieves excellence in any respect ranges.”
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