Remembering the Mahatma

KOCHI: On occasion of Gandhi Jayanthi, acting Chief Justice of the Kerala High Court C N Ramachandran Nair, highlighted the role of Gandhi and Gandhian outlook in the evolution of the Legal System. Though professionally a lawyer, Gandhi was one of the staunchest critics of the modern legal system. Speaking on the sidelines of the legal awareness programme and seminar, ‘Remembering the Mahatma’, organised by the National University of Advanced Legal Studies and Kerala State Legal Services Authority, the Chief Justice argues that the increasing number of cases settled through Lok Adalats and mediators and systems like compulsory counselling is an indication that the Indian legal system was moving towards Gandhi’s idea of justice. Gandhi’s criticism of the legal system arose from the fact that it was too clinical, and does take human relationships into account. Gandhi always preferred a peaceful settlement  between the people rather than a court battle where only one person would be victorious, the Judge said. “Gandhi was never a successful lawyer,” says C N Ramachandran Nair. “Since he couldn’t sustain his profession in the Bombay High Court, he accepted the call from South Africa. In South Africa there was a dearth of Indian lawyers who could speak English in the courts there. But even here Gandhi wouldn’t take up cases that the rich Indians there gave him,” he said. “Instead he would call the respective sides to his office and settle disputes there asking them to compromise and solve the matter amicably. This way, he felt, there would be no losers in the case, both would be winners.”“Gandhi gave a lot of importance to human relationships. When it came to disputes, Gandhi looked at how they could be settled without affecting relationships. But the court is an impartial observer. It looks at the merits of the case and then passes a judgement. This did not appeal to Gandhi.”But today the courts have been able to incorporate Gandhi’s ideas of settlement through mediation, arbitration and negotiation into the legal system  “A total of 30,000 cases are resolved through Lok Adalats. The judgement given here cannot be challenged at the court. Then there are compulsory counselling, the court can also appoint a third party for settling the disputes either under the recommendation of the disputing parties or by itself. Through these  hundreds of cases are now able resolved before reaching the courts, greatly reducing the time lag.”Speaking about the problems faced by the judicial system today, the Chief Justice said, high fees charged by the lawyers and the tremendous delay was affecting the benefit of litigation. He also threw light on the fact that litigation is often reduced to just winning a case and sharing the booty of the win. “A good lawyer is one who can win a case for the weaker side. Lawyers now demand shares and contracts in the case of property disputes, accident claims etc. It has become all about winning the case at any cost,”, he said.