The Punjab and Haryana High Court has taken suo moto cognizance of the lack of implementation of community mediation provisions under the Mediation Act, 2023, and has sought a detailed response from the Union of India, the Governments of Punjab, Haryana, and UT Chandigarh.
The Division Bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel issued notice to the concerned parties, directing the Registry to implead them in the matter. The court scheduled the next hearing for August 5.
“Chapter 10 of the Mediation Act 2023, which pertains to community mediation, has 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,” the bench stated.
Read also:- Why did Karnataka High Court Issue Notice on Proton Mail’s Appeal Against Blocking Order?
The suo moto Public Interest Litigation (PIL) was initiated through an administrative order from the Chief Justice's Office, emphasizing the critical role of community mediation in maintaining societal harmony.
“In every society, there may be some disputes between 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 order highlighted.
Read also:- J&K High Court Orders FCI to Refund ₹7.93 Lakh to Contractor Over Illegal Retrospective Recovery
The Court further acknowledged the influence of Khap Panchayats in rural regions and their potential contribution to social governance through structured mediation.
“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,” noted the Court.
Referring to Sections 43 and 44 of Chapter X of the Mediation Act, 2023, the High Court stressed that the statute provides for community mediation but remains unimplemented so far.
Read also:- Why Karnataka High Court Praised Hindus and Muslims of Yadgir District, What Happened?
“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 communities,” the order observed.
Despite the legislative framework being in place, the community mediation mechanism has not been activated, resulting in missed opportunities for effective, inexpensive, and rapid resolution of local conflicts.
“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,” the court noted.
Advocate General Deepak Balyan appeared on behalf of the Haryana Government during the hearing.
Case Title:- Court On Its Own Motion vs. State of Haryana Through Its Chief Secretary, Haryana Civil Secretariat, Chandigarh and Others.
