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DAILY NEWS ANALYSIS

Monthly DNA

10 Jan, 2022

17 Min Read

Mediation Bill 2021 - Detailed Overview

GS-II : Governance Governance

A Bill that could alter the Mediation landscape

The background behind Mediation Bill:

In General, Disputes Became part and parcel of Day-to-Day Life. Someone or the Other belonging to family or else not a part of the family would be fighting for something. These Disputes may be for Smaller or Bigger issues sometimes leading to Criminal offences also. Many criminal offences are a result of civil or commercial disputes which can be solved by talking patiently and in a calm attitude. Sometimes when these disputes are reported to police, they consider in a lighter manner or even reduce the seriousness of the issue by converting cognisable into a non-cognisable offence. Because of the time delay issue in resolving the case by police, it may lead to serious consequences also.

Therefore comes the law of Mediation in which not only prevents the breakdown of Law and Order through Community Intervention but also makes similar issues solving in a comfortable manner in which Police and Law personnel can have some relief and thus reduce their pressure over their duties.

Expressed in these laws :

In India, there is no specific law for Mediation. Tamil Nadu is the only state in the country that took the Initiative in 2005 by the Madras High Court to form Mediation and Conciliation centre in each District which significantly reduced the pending cases. Even Mediation law is observed in some of the specific laws like the Code of Civil Procedure 1908, the Arbitration and Conciliation act 1996, the Commercial Courts act 2015, the Companies act 2013, the Consumer Protection Act 2019 Etc…..

Mediation Bill Scope :

The Mediation Bill 2021 says to promote mediation ( including online ) and provide for enforcement of settlement agreements resulting from mediation. Therefore the first priority should be given for mediation to solve any type of disputes like civil or commercial disputes instead of reaching to courts or tribunals but all issues can’t be solved through mediation like criminal offences, allegations of serious and specific frauds, fabrication of documents and forgery, impersonation, coercion Etc….

There are certain provisions in the bill that can enhance the Law and Order situations and reduce the burden over Police and Law Depts……

  1. Section 7 of the bill says that courts can decide any dispute for mediation related to compoundable and matrimonial issues which are the outcome of civil proceedings.
  2. Section 44 of the bill says that any dispute likely to affect peace, harmony, and Tranquillity among the residents or families of any area or locality will be settled through Community Mediation which in turn shall not be enforceable as a judgement of a civil court.
  3. The provisions of the act shall not have any overlapping issue with other laws like the Maintenance and Welfare of Parents and Senior Citizen Act 2007, the Sexual Harassment of women at workplace ( Prevention, Prohibition and Redressal ) act 2013.

The law to prevent the sexual harassment of women at the workplace will be resolved by the Local or Internal Complaint Committee by conciliation and detailed procedure and similarly, the other one welfare and parents act will be under cognisable offences. Even Section 320 of the code of criminal procedure ( CrPC ) provides the mediation of certain criminal offences which have the effect of acquittal of the accused. Even the recommendations of the Law Commission in its 243rd report says section 498A of the Indian Penal Code relating to cruelty by the husband or his relatives can also be solved through Mediation instead of reaching police or tribunals.

Therefore the aim of the policy is to promote Friendliness between the dispute members. The Chief Justice of India in reference to India – Singapore Mediation Summit said Mediation should be the Primary Mandatory step that could be cheaper and faster in the Dispute resolution mechanism. “ Mediation for everyone: Realizing mediations potential in India”

Even while addressing the Curtain Raiser and Stakeholders Conclave of International Arbitration and Mediation Centre ( IAMC ) at Hyderabad, CJI said that courts should be the last resort for Dispute Resolution. Therefore all should hold the responsibility of solving the disputes through a Mediation mechanism instead of running to police and courts.

Source: TH

Global Innovation Index (GII) 2021

GS-II : Important reports Important reports

India has climbed 2 spots and has been ranked 46th by the World Intellectual Property Organization in the Global Innovation Index 2021 rankings.

What is Global Innovation Index?

  • It is a global ranking for countries for success in innovation.
  • It is published by WIPO with Cornell University and INSEAD.
  • It ranks on the basis of IPR to R&D, online creativity, mobile app, education, software spending, ease of doing business etc.

  • India has been on a rising trajectory, over the past several years in the Global Innovation Index (GII), from a rank of 81 in 2015 to 46 in 2021.
  • Innovation has been at the forefront of our battle against the unprecedented crisis created by the pandemic, and will be pivotal in driving the country’s resilience and self-reliance, as enshrined in the Prime Ministers’ clarion call on Atma Nirbhar Bharat.
  • The consistent improvement in the GII ranking is owing to the immense knowledge capital, the vibrant start-up ecosystem, and the amazing work done by the public and the private research organizations.
  • The Scientific Departments like the Department of Atomic Energy; the Department of Science and Technology; the Department of Biotechnology and the Department of Space have played a pivotal role in enriching the National Innovation Ecosystem.
  • The NITI Aayog has been working tirelessly to ensure the optimization of the national efforts for bringing policy led innovation in different areas such as electric vehicles, biotechnology, nano technology, space, alternative energy sources, etc.
  • The India Innovation Index, the latest edition of which was released last year by the NITI Aayog, has been widely accepted as a major step in the direction of decentralization of innovation across all the states of India.
  • The Confederation of Indian Industry (CII) has also been leading from the front as a torchbearer of lndia's journey towards an innovation driven economy.
  • The GII is the fulcrum for the governments – across the world – to assess the social and the economic changes in their respective countries. Over the years, the GII has established itself as a policy tool for various governments and helped them to reflect upon the existing status quo.

India Innovation Index 2020

  • It was launched by NITI and Institute for Competitiveness (Gurugram, Haryana)
  • The index, developed on the lines of the Global Innovation Index (GII - by Cornell University, INSEAD and UN WIPO), would help Indian States and UTs to design policies to drive innovation across regions.
  • It is calculated as the average of the scores of two dimensions - Enablers and Performance.

  • A constant thrust in monitoring and evaluating India’s position in the global rankings has been provided by the NITI Aayog, including in the GII.
  • As we progress further towards saving lives and livelihoods and shaping the national economic growth trajectory, the GII-2021 will be a significant reference point for all the countries to assess their innovation capabilities and readiness, which will go a long way in boosting economic recovery.
  • This year, the NITI Aayog,in partnership with the CII and the World Intellectual Property Organisation (WIPO), is hosting, virtually, the India Launch of the GII and the Global Innovation Conclave during September 21-22,2021.

Source: PIB

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