Punjab and Haryana High Court. Photo Credit: The Tribune
The Punjab and Haryana High Court has taken proactive steps to examine why community mediation—designed under the Mediation Act, 2023—has largely remained unused in resolving local, interpersonal disputes. In a suo motu public interest initiative, Chief Justice Sheel Nagu and Justice Sumeet Goel have issued notices to the governments of Punjab, Haryana, Chandigarh UT, and the central government, seeking responses on why this grassroots mechanism hasn’t been implemented, reported The Tribune.
A Judicial Nudge Towards Local Solutions
The court launched this inquiry following observations that many neighbourhood quarrels—over shared water taps, stray cattle, or noisy celebrations—could be resolved more amicably through mediation than through prolonged legal battles. The Mediation Act explicitly envisions community-level interventions as a means to manage such disputes swiftly, affordably, and compassionately. The bench’s notice invites authorities to explain the lack of on-ground implementation despite the clear legal framework.
Learning from Khap Panchayats
The court’s note points out that informal forums, such as rural khap panchayats, have traditionally mediated local disputes, highlighting their legitimacy and authority within communities. By integrating such systems into a formal, lawful mediation structure, these traditional mechanisms can be enhanced with oversight, transparency, and legal safeguards—creating a hybrid model for resolving everyday conflicts.
Aiming for Harmony at the Grassroots
The High Court emphasized that community mediation can preemptively address interpersonal tensions, thereby reducing the burden on courts and fostering harmonious social relations. It called on the involved agencies to explain why this alternative dispute mechanism—promoted under sections 43 and 44 of the Mediation Act—has not progressed beyond legislative intent.
What Happens Next
The court has set a response deadline of August 5. By then, officials from all concerned governments must submit explanations and action plans. If satisfactory responses are not received, the bench may issue further directives, potentially requiring states and the UT to operationalize community mediation centres as part of the legal services infrastructure.
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