P&H High Court Seeks Response From Union, State Govts On Implementation Of Community Mediation-Khap Panchayat Under Mediation Act

The Punjab & Haryana High Court on Tuesday sought a response from the Punjab, Haryana, and UT Chandigarh on a suo moto Public Interest Litigation (PIL) on the non-implementation of community mediation under the Mediation Act, 2023.

Chief Justice Sheel Nagu and Justice Sumeet Goel, while adjourning the matter for August 05 said that "Chapter 10 of the Mediation Act 2023, which pertains to community mediation...have not yet been given effect to. Registry is directed to implead, Union Of India, Governments of Punjab, Haryana, and UT Chandigarh. Notice issued to all the three respondents."

Taking suo moto cognisance through an administrative order, the Chief Justice's Office stated that, in every society, there may be some disputes between the groups or a community. By community mediation programmes, the conflict can be settled at a grassroots level, thereby nipping the conflict in the bud, leading to harmony and peace in the society.

"The Khap Panchayats in the rural areas play significant social influence within the community it represents and exercises a form of social governance in their respective areas," it added.

The order highlighted that, "the Mediation Act, 2023 specifically provides Community Mediation in Sections 43 and 44 of Chapter X. Community Mediation holds significant potential for resolving interpersonal disputes, such as those between neighbours, families and communitics. Despite being highly effective in delivering inexpensive and speedy resolution of disputes at the grassroot level, the Community Mediation has not been enforced so far."

Ad AG Deepak Balyan represented the Haryana Government.

Title: COURT ON ITS OWN MOTION V/S STATE OF HARYANA THROUGH ITS CHIEF SECY., HARYANA CIVIL SECTT., CHANDIGARH AND OTHERS.