Synopsis: The Supreme Court’s decision to take a route of mediation, instead of judgment on the legality of the law, is being criticized by some experts. Let’s have look at the criticisms?
What are the issues in SC mediation process?
Supreme Court-appointed a committee and put a stay on implementation of the laws. Although it is officially not called a mediation committee, but the Court does mention its role in helping the negotiations between the farmers and the government.
The committee route that SC has adopted should have been a legislative and executive exercise. Moreover, if it is an attempt to mediate, there are issues in it;
- Firstly, Mediation should be Voluntary. i.e. all parties must provide their consent to it. Major farmer’s union have denied participating in it; thus, it is not a successful attempt.
- Secondly, the mediators must be fair and neutral. Majority of its members have a positive attitude towards bill. Thus, it is not fair and neutral.
What are the steps to be taken?
The Chief Justice of India said that the dialogues seem to be going nowhere, and something urgent needs to be done. If the Court wants to mediate due to the government’s reluctance in doing so, then it must observe some prerequisites.
- First, the committee should be made of such people who give out an image of impartiality, ability and seriousness. The committee should have knowledge and respect so that it can influence sceptics to give the process a try.
- Second, assurance should be taken from the government that its ministers at high posts will meet the committee and participate in the proceedings as this will assure the consent of all parties.
- Once discussions start and are properly guided, solutions are possible. It may well be that once the important elements get focused upon and the key concerns expressed, approaches will open up which will secure legitimate interests to the maximum extent possible. All this is possible only when mediation is on the lines of principles.