e-baithak series : Finding a Solution to present day issues

‘Nyaya Chaupal’ organised a meeting on May 17, 2020, on the topic of ‘Finding a Solution to present day issues’ under the e-baithak series. Justice R.C. Lahoti, Shri Ram Lal Ji and Shri Alok Kumar Ji addressed this meeting.

JUSTICE R.C. LAHOTI

Justice Lahoti highlighted the features of Nyaya Chaupal in his inaugural address. He said that Nyaya Chaupal is inspired by the thought of great thinkers of our nation like Mahatma Gandhi and Nanaji Deshmukh. The aim of Nyaya Chaupal is to establish a litigation-free society in the country. He stressed that Nyaya Chaupal is not a parallel justice delivery mechanism – it does not seek to replace the established judicial system inthe country. The objective of Nyaya Chaupal is to cooperate with courts in the justice delivery process and to reduce the burden on these institutions. Explaining the working of Nyaya Chaupal, he said that peer pressure of local community and society of the disputants is utilised for understanding and dissolving the dispute. In such a way, the dispute is dissolved before it reaches the court, and it is all the more effective when disputes which could go to court, are dissolved before they reach that level of misunderstanding. He spoke about the Nyaya Chaupal magazine “Nyaya” which contains interesting, inspiring and encouraging instances of dispute resolution, which serve as lighthouses in the journey of Nyaya Chaupal, providing a fervent hope to providing justice and dissolving disputes outside court.

The pandemic of corona is one of the surprises of life – it is sudden and completely unpredictable. The present circumstances require us to maintain physical distancing and we have to change our role and working. It has already been a month and a half since the courts are closed down.

The disputes which are being taken up for discussion in these e-baithaks are inter-group – one group vis-a-vis other group. For instance, what can be the role of employers in resolving the problems of workers, particularly the migrant workers. Similarly, educational institutions as well as the parents are facing problems during this period. School fees is being charged inspire of no physical classes where the student can be taught. Teachers are expected to conduct classes without access to the school infrastructure.

Justice Lahoti concluded his inaugural address by flagging important issues for deliberation – is it possible for Nyaya Chaupal to play some role? What can be the possible methodology?

(JUSTICE R.C. LAHOTI, former Chief Justice of India (2004-2005), is one of the most renowned faces of the Indian judiciary. After retirement, he has remained actively involved in contributing to the cause of justice through alternative dispute resolution. He is the founder President of Nyaya Chaupal, and has been the guiding force behind the organisation.)

SHRI RAM LAL JI

Taking forward the views of Justice Lahoti, Ram Lal ji explained the contours of the disputes between students and educators, and issues relating to domestic violence and mental health. At the outset, he underlined the significance of education. All our reverred personalities who we even worship, had been educated in gurukuls, along with other ordinary people of the society. Education had never been a business activity, and was always meant to inculcate samskar (culture). Unfortunately, education has now been conflated with information or knowledge. As per UNESCO, education should be rooted in culture and committed to progress, without which education will be incomplete. Macaulay Report notices that several people used to gather to gain education in gurukuls. Sadly, education is no longer of such level. Education should develop the skill of learner, it should bring about values of life and utilisation of these values and virtues in life. Former President APJ Abdul Kalam talked about the nationalisation of man. Patriotism is the first category which involves sacrifice. Education should sensitise the society, promote patriotism. This will lead to reducing disputes based on language, water, territory, etc. since the feeling of “nation first” will be instilled. The problems of education providers can dwindle if we view the institution as a family. The staff, teachers and all those associated with the school are engaged in the common objective of providing education. The problems of students, teachers, school management, etc. can be addressed by looking at each other’s concern and issues in a family. We can evolve ways to address the issues of fees, salary to teachers and staff, concerns of students, etc.

The second issue which will be deliberated upon in the e[1]baithak series is of domestic violence and mental health. India is well-known for its family system. The institution of family finds mention in the Vedas, and each institution in our culture is compared to a family. A gotra is a family, janpad (state) is a family, nation is a family, and even the world is a family (वसुधैव कुटुम्बकम). Initially, the caste system was also brought about to act as a deterrent for someone who treads on the wrong path, although subsequently it developed ills and later became politicised. But the essence of community living was that it fostered patience for others; concern for others in the family. Domestic violence can also disappear if we keep in view the concern for others. Mother’s role in a family is to keep in mind interests of everyone in the family. In such households, distress or domestic violence does not enter.

Nyaya Chaupal’s role can be to perform this role of mother to some extent – we have to solve disputes in a family like a mother without legal technicalities. Symptoms of discord appear due to failure to adhere to the system. Margaret Thatcher expressed desire to understand the family system of India. Family system unites and preserves the cultural values. In many families abroad, there are different fathers and different mothers due to increase in divorce rates. The positive result of the Covid pandemic is that families are together. Lockdown is a challenge and opportunity of living together, having better understanding. Nyaya Chaupal should involve common persons and resolve disputes. While concluding his address, Ram Lal ji suggested that the notes of these e[1]baithaks should be prepared and a study group can also be constituted.

(SHRI RAM LAL JI is a senior Pracharak of the Rashtriya Swayamsewak Sangh, and presently the Akhil Bharatiya Sah-Sampark Pramukh. Before his present role, he was the longest serving National General Secretary (Org.) in the Bharatiya Janata Party (2006-2019).)

SHRI ALOK KUMAR JI

At the outset, Alok Kumar ji explained that small individual disputes can foment into large community or class disputes in society. He outlined three issues to be taken up in the future e-baithaks. As per a survey, 42% people have no source of income due to lockdown. It was found that there will be food riots as food will end in a week’s time. Nobelist Amartya Sen also supported such a view. In Indian culture, “anna-daan” is the most significant of all charities. Not only RSS and its sister organisations, but the entire society including temples, trade associations, gurudwaras, resident welfare associations, everyone ensured that no one should remain hungry and despite 42% of our population left with no earning, we have collectively ensured that hunger is avoided in India.

People have a certain sense of emotional confidence in their own village, and that is one of the reasons people started migrating to their villages. I could not understand Bhagini Nivedita’s views that in India, food, clothing and shelter (roti, kapda and makaan) are also not essential needs. But we witnessed that lakhs of people travelled hundreds of kilometres on foot – they have a lot of grit and stamina. There was no arrangement, but society has taken care. But charity cannot exist for all times. Factory owner feels that full wages are not possible. Security of tenure, wages etc. may be issues of importance. Management and workers have to understand each other’s view, not as adversaries but as complementaries. Nyaya Chaupal can play a significant role in addressing this vital issue of employment.

Similarly, concerns of stakeholders of the legal system also need to be addressed. Courts have remained closed for such a long duration. No one knows when courts will work normally because it involves lack of physical distancing, collection of unspecified number of people in a closed space. Caseload will increase. We can deliberate on what can be done in this system so that litigants can participate and have confidence in the system.

Another issue of vital importance is of traders and consumers. Prime Minister has exhorted them in the context of “Aatmanirbhar Bharat”. Consumer will insist on swadeshi goods and entrepreneur’s insistence to provide excellent product. Then Alok Kumar ji highlighted the issues which may crop up for traders and consumers. Traders are bound to face difficulty in trade – what happens to their employees, what should be the arrangements to facilitate coordination between traders and the government, should there be a relook at the taxation structure. The need for mediation is of prime importance in ensuring justice to consumers – it results in quick and inexpensive justice.

The possible way of addressing these issues is to take them up as a family. Nyaya Chaupal can harmonise the differences so that disputes do not arise. It can hear the problems of different segments and evolve a via media. Nyaya Chaupal can lend a helping hand in these challenging times that the society faces.

(SHRI ALOK KUMAR JI is the International Working President of the Vishwa Hindu Parishad. He is Advocate at the Delhi High Court, and is also one of the founding members of Nyaya Chaupal. He is also Sah-Prant Sanghchalak Delhi RSS and Patron, Dadhichi Deh Dan Samiti.)