From Court Room Litigation to Nyaya Swaraj with Special Reference to Alternative Dispute Resolution Mechanisms in India

TABLE OF CONTENTS
GENERAL INTRODUCTION;
INTRODUCTION;
RATIONALE FOR THE STUDY;
RESEARCH METHODOLOGY;
LITERATURE;
THE AIMS AND OBJECT OF THE STUDY;
HYPOTHESES;
THE CHAPTERISATION OF THE RESEARCH PAPER;
CONCLUSION;
CHAPTER-l
HISTORIC- SOCIAL ANALYSIS OF THE DISPUTE SETTLEMENT MECHANISMS IN INDIA;
INTRODUCTION;
1. 1. DISPUTE SETTLEMENT MECHANISM IN THE ANCIENT PERIOD;
1.2. THE NATURE OF DISPUTE SETTLEMENT MECHANISM DURING THE PRE-MUGHAL PERIOD (850-1525);
1.2.1. Villages with a Small Population of a Single Caste;
1.2.2. Multi-Caste Single-Head Villages;
1.2.3. Multi-Caste Village with a Dominant Caste;
1.2.4. Multi-Caste Village without a Dominant Caste;
1.2.5. The Structure of Caste Councils;
1.2.6. The Villager and the Courts;
1.2.7. Dispute Settlement Mechanism during the Mughal Period (1526-1707);
1.2.8. Dispute Settlement Mechanism during the Early British Period (1708-1900);
1.2.9. Dispute Settlement Mechanism during the Pre- Independence Period;
1.2.10. Dispute Settlement Mechanism during the Early Post- Independence Era (1948-1980};
1.2.11. Dispute Settlement Mechanism during Recent Era (1980- 2008);
1.2.11.1. Public Interest Litigation: 'Access' through the Top;
1.2.11.2. Legal Aid Program me;
1.2.11.3. Lok Adalat: The Shift to Informalism;
1.2.11.4. Legal Service Authority Act, 1987;
1.2.11.5. The Arbitration and Conciliation Act, 1996;
1.2.11.6. Conciliation under the Civil Procedure Code Amendment Act 1999;
1.2.11.7. Salem Bar Association Case, Draft ADR and Mediation Rules, 2003;
1.2.11.8. Nyaya Panchayat Bill, 2006;
1.2.11.9. Gram Nyayalayas Act, 2008;
CONCLUSION;
CHAPTER-2
LITIGATION- NATURE, IMPACT, PROBLEMS AND CHALLENGES;
INTRODUCTION;
2. 1. LITIGATION DEFINED;
2.2. DISPUTE-CENTERED AND COURT-CENTERED LITIGATION;
2.3. THE ROLE OF LITIGATION IN SOCIETY;
2.4. LITIGATION AND POLICY CHANGE;
2.5. THE IMPACT OF LITIGATION ON SOCIETY;
2.5.1. Complexity;
2.5.2. Belief in Individual Helplessness;
2.5.3. A Cultural Analysis;
2.6. LITIGANT CAPACITY: FACTORS AFFECTING CAPACITY TO ACCESS JUSTICE IN INDIA;
2.6.1. Physical Factors;
2.6.1.1. Inaccessibility of Courts;
2.6.1.2. Insensitive Judiciary;
2.6.1.3. Lack of Legal Help to Physically and Men tally Challenged Persons;
2.6.2. Social Factors;
2.6.2.1. Background and Illiteracy;
2.6.2.2. Social Status of Litigants;
2.6.3. Financial Factors;
2.6.3 .1.Poverty;
2.6.3.2. Costs Involved in litigation;
2.6.3.3. Corruption in Judicial System;
2.6.4. Procedural' Hurdles;
2.7. THE STRENGTHS OF LITIGATION;
2.7.1. The Probability of Error;
2.7.2. Finality;
2.7.3. Cost-Benefit Balance;
2.7.4. Public Demand and User Satisfaction;
2.8. PROBLEMS WITH LITIGATION;
2;8.1. Reactivity;
2.8.2. Dependence;
2.8.3. Limited Resources;
2.8.4. Lack of Enforcement Power;
2.9. CHALLENGES OF LITIGATION;
CONCLUSION;
CHAPTER-3
ALTERNATIVE DISPUTE RESOLUTION- NATURE, IMPACT,
DANGERS, CHALLENGES AND EMERGING TRENDS;
INTRODUCTION
3.1. DEFINITION OF ALTERNATIVE DISPUTE RESOLUTION;
3.2. ADR TERMINOLOGY: A DISCUSSION;
3.2.1. The 'A' in AD R;
3.2.2. The 'D' in AD R;
3.2.3. The 'R' in ADR;
3.3. ARCHETYPES OF DISPUTES DETERMINATION;
3.4. THE ROLE OF ADR WITHIN THE TRADITIONAL CO URT SYSTEM;
3.5. THE ROLE OF ADR AS AN "ALTERNATIVE" SYSTEM;
3.6. THE CONTEXT FOR SEEKING ADR: LEGITIMIZATION OF ADR IN INDIA;
3.6.1. Over Crowding of Litigation and Backlog of Cases;
3.6.2. The Indeterminacy in Result and Lack of Finality;
3.6.3. Vexatious Nature of Litigation;
3.6.4. The Expense Involved;
3.6.5. Loss of Social Harmony;
3.7. THE POTENTIAL DANDERS OF ADR;
3.8. MAJOR CHALLENGES TO ADR;
3.8.1. Speedy, Inexpensive, and Non-reviewable Proceedings;
3.8.2. Injunctive Relief;
3.8.3. The Procedural Shortfall;
3.8.4. Restriction on Discovery;
3.8.5. Absence of Record and Precedents;
3.8.6. Public Responsibility on Bearing the Cost of ADR;
3.9. FUTURE TRENDS IN ADR;
CONCLUSION;
CHAPTER-4;
THE PREVIOUS EXPERIENCE OF THE DISPUTE SETTLEMENT MECHANISMS IN INDIA- A CRITICAL ANALYSIS
INTRODUCTION;
4.1. GANDHIAN PHILOSOPHY OF CONFLICT RESOLUTION AND PRACTICAL APPROACHES TO DISPUTE SETTLEMENT MECHANISM;
4.1.1. The Links between Gandhi's Satyagraha and Modern Conflict Resolution Practice;
4.1.2. The Gandhian 'Flavour' of Modern Conflict Resolution;
4.1.3. Gandhi's Satyagraha and Conflict Resolution;
4.2. NY A YAP ANCHA Y AT - A CRITICAL AN ANALYSIS;
4.2.1. REASONS FOR FAILURE OF NYAYA PANCHAYAT SYSTEM;
4.3. LOK ADALAT;
4.4. LEGAL SERVICE AUTHORITY ACT, 1987;
4.5. THE ARBITRATION AND CONCILIATION ACT, 1996;
4.6. CONCILIATION UNDER THE CML PROCEDURE CODE AMENDMENT ACT 1999;
4.7. SALEM BAR ASSOCIATION CASE AND THE DRAFT ADR AND MEDIATION RULES, 2003;
4.8. GRAM NYAYALA YAS ACT,2008;
4.8.1. Highlights of Gram Nyayalayas Act;
4.9. PREVIOUS EXPERIENCE OF THE DISPUTE " SETTLEMENT MECHANISMS IN
INDIA- A COMPARATIVE APPROACH;
4.9.1. Nyaya Panchayats of Pre-Independent India, Lok adalats, and the Gram NyayaJayas Act, 2008;
4.9.2. NYAYA PANCHAYATS DRAFT BILL, 2006 vs. GRAM NY A YALA I'AS ACT, 2008;
4.9.3. MADHYA PRADESH GRAM NYAYALAYA ADHINIYAM, 1996 vs. GRAM NYAYALAYAS ACT, 2008;
LOW LIGHTS OF THE GRAMNYAYALAY-AS ACT, 2008 AND SUGGESTIONS;
CONCLUSION;
GENERAL CONCLUSION: TOWARDS NYAYA SWARAJ- A NEW MODEL;
INTRODUCTION;
1. TOWARDS NYA YA SWARAI;
1.1. 'LITIGATION-FREE' VILLAGE AND TOWN;
1.2. 'CRIME- FREE SOCIETY;
2. GANDHIAN CONFLICT PROCESS- A BASIS OF NYAYASWARAI;
3. NYAYA SWARAI - A NEW MODEL;
3.1. FIRST TIER MECHANISM;
3.2. SECOND TIER MECHANISM: HARMONY COMMITTEE;
3.3. THIRD TIER MECHANISM: NYAYA SWARAI PEETAM (NSP);
3.3.1. Constitution and Composition of Nyaya Swaraj Peetam;
3.3.2. The Jurisdiction of Nyaya Swaraj Peetam;
3.3.3. The Working System of Nyaya Swaraj Peetam;
3.3.3.1. Licensing or Certification of Mediators;
3.3.3.2. The Level of Earnings of Professional Consultants;
3.3.3.3. Training and Education needed for becoming a Professional Mediator;
3.3.3.4. Necessity of being a Lawyer or having a Law Degree to become a Mediator
CONCLUSION;
BIBLIOGRAPHY.