'Mediation is rooted in India's civilisation, Vedas and history': CJI Surya Kant
Jaipur, August 1
Chief Justice of India Justice Surya Kant said on Saturday that resolving disputes through mutual agreement and mediation is deeply embedded in India's civilisational ethos, with its roots tracing back to the Vedas, ancient history, and the philosophies of Kautilya and Mahatma Gandhi.
Addressing delegates on the second day of the Commonwealth Mediation Conference in Jaipur, the CJI added that mediation has been an integral part of Indian culture long before the enactment of the Mediation Act, 2023.
He noted that both the Legislature and the Judiciary have played a significant role in strengthening the practice in recent years.
Explaining the importance of mediation, the CJI Justice Surya Kant narrated the story of two sisters disputing ownership of an orange.
Citing an example of mediation, the CJI said: "Both insisted they deserved it, the elder on the basis of seniority and the younger because she was younger. After a prolonged argument, they agreed to split the orange equally. One sister discarded the peel and ate the fruit, while the other threw away the fruit and used the peel to bake a cake."
He added that had the sisters communicated and understood each other's actual needs instead of clinging to rigid positions, one could have received the entire fruit and the other the entire peel.
"In real life too, without mediation, conversations often remain incomplete," he said.
The CJI added that the inaugural session of the conference had already highlighted how mediation is reflected in the Vedas and India's historical traditions.
Referring to the Ramayana, the Mahabharata, and other ancient texts, CJI Justice Surya Kant said each offers valuable insights into different dimensions of mediation.
Referring to Kautilya's Arthashastra, the CJI added that the ancient philosopher Kautilya outlined four methods of governance -- 'Saam' (conciliation), 'Daam' (inducement), 'Dand' (punishment), and 'Bhed' (division).
Describing Kautilya as one of the greatest philosophers he had studied, the CJI said it was significant that 'Saam', or persuasion and conciliation, was placed first.
He added that the modern philosophy of mediation draws from this foundational principle.
The CJI also referred to the traditional hierarchy of dispute resolution, under which disagreements were first taken to the 'Kula' (family), then the 'Shreni' (guild), followed by the 'Puga' (assembly), and only thereafter to the King.
He said the first principle in this system was always to sit together and resolve disputes through dialogue before seeking a formal adjudication.
Recalling Mahatma Gandhi's legal career, the CJI said Mahatma Gandhi had described facilitating an amicable settlement between two disputing parties as the most satisfying experience of his practise as a lawyer.
"This shows that mediation has flowed through our veins in India long before it was codified in law in 2023. It is an integral part of our culture, and today both the Legislature and the Judiciary are playing an important role in strengthening it," CJI Justice Surya Kant added.
— IANS
Reader Comments
This is exactly what our panchayati raj system used to do—elders sitting together and solving issues without dragging people to court. The CJI's reference to Kautilya's 'Saam, Daam, Dand, Bhed' is so relevant even today. But let's be honest, in today's world where everyone wants to file a case at the drop of a hat, we've drifted away from this culture. Hope this conference brings a change in mindset.
Fascinating to see the parallels between Indian tradition and modern mediation practices. The story of the orange perfectly illustrates what we call "interest-based negotiation" in the West. India's ancient wisdom has so much to offer the world, and it's great to see a CJI who embraces it so eloquently. Respect!
The hierarchy of Kula → Shreni → Puga → King is basically our old-school dispute resolution ladder! It's sad how we've replaced this with endless litigation that takes decades. The Mediation Act 2023 is a good step, but the real change needs to come from our approach. Also, loved the Mahatma Gandhi reference—he truly was the people's lawyer. ❤️
While I appreciate the sentiment, I wish the CJI would focus more on the practical side of things. Yes, mediation is rooted in our culture, but our courts are still burdened with lakhs of pending cases. We need more trained mediators and awareness programs in the rural areas. The orange story is nice, but how many people actually know about the Mediation Act, 2023? Let's not just glorify the past—let's make mediation accessible to every Indian.
K We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.