Tuesday, March 05, 2013

In search of True Alternative to existing Justice Dispensing System in India

In search of True Alternative to existing Justice Dispensing System in India
For the efficient functioning of any legal system fundamental requisite is that such system shall be built on the aspirations of the people, law or legal system for that matter will not work in vacuum, for this reason surrounding social conditions will be the deciding factors for adoption or for bringing any change in the legal system. Unfortunately in a developing country like India it is considered to be normative practice to find the solution for our problems (legal) in western jurisprudential thought and practices (it is true at least in regard to Legal restructuring is concerned). In India with a view to overcome the problems of ‘formal legal system’ serious attempt were made and continued to be made, as result of which there is adoption of Alternative Dispute Resolution System of Anglo-Saxon style in this country. Thus, post-emergency, the dominant theme of legal reform was translated into sponsoring relatively informal, conciliatory, and alternative institutions alongside the formal judicial mechanism. The early 1980s saw a concerted effort to promote a more indigenous character within the justice dispensing system, and to provide alternatives to the Anglo-Saxon models of adjudication.
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