Key Points
Government preparing comprehensive framework for mediation ecosystem
Statutory provisions notified to support mediation process
Council will recognize mediation service providers
Engaging with High Courts and legal authorities
Minister of State for Law and Justice Arjun Ram Meghwal told Rajya Sabha in a reply that the proposed Council would also lay down the rules for recognition of mediation service providers in terms of sub-section 2 of Section 40 of the Mediation Act, 2023.
The Act lays down the statutory framework for mediation to be adopted by parties to a dispute, especially institutional mediation, wherein various stakeholders have also been identified to establish a robust and efficacious mediation ecosystem.
Th MoS said as provided under section 1(3) of the Mediation Act, 2023, some provisions of the Act have been notified vide gazette notification dated October 9, 2023.
Describing the Act as a pivotal legislative intervention towards providing a standalone law on mediation, the MoS said the Government is also engaging with various stakeholders including High Courts and the National Legal Services Authority to raise awareness and prepare for institutionalizing the mediation ecosystem.
The Government is committed to enabling the growth of a culture of amicable settlement of disputes out of court and the outcome being party-driven, he said in reply to a question by Akhilesh Prasad Singh.
In reply to another question by Ashok Kumar Mittal, MoS Meghwal cited a Supreme Court verdict as the Government's rationale behind continuing the disenfranchisement of undertrial prisoners.
He said in a reply in Rajya Sabha, "The Supreme Court in Anukul Chandra Pradhan vs Union of India and Others (AIR 1997 SC 2814) has upheld the validity of sub-section (5) of section 62 of the Representation of the People Act, 1951 which debars a person to vote at any election if he is confined in a prison whether under imprisonment or otherwise or in the lawful custody of the Police."
