Abstract

The Mediation Act 2023, is India’s most detailed piece of legislation to decentralise the process of resolving disputes. It envisages the mechanism of community mediation as a means to bridge the gaps in the rural justice system. Using a doctrinal approach, this article critically examines the statutory framework of the Act, its compliance with the constitutional and international benchmarks, and its potential to assist traditional dispute resolution mechanisms like panchayats in the mainstream legal regime. After considering the Act's text, parliamentary speeches, judicial decisions, and policy papers, the study identified the cardinal strengths of the Act as follows: 1. Recognition of local traditions and cultures and 2. Promotion of a three-level mediation structure. However, there are gaps in the framework, such as the non-imposition of suitable penalties for failing to enforce amicable settlements, insufficient actions to counter caste and gender discrimination and underfunding of rural institutions. This is especially remarkable when juxtaposed with constitutional provisions like the Right to Equality (Article 14) and Access to Justice (Article 39A), which inter alia ensure the representation of marginalised groups in mediation committees. The study demonstrates the missing element in the doctrinal edifice of the Act against the backdrop of India's historical experience of legal pluralism. This research contributes to discourses on legal pluralism, including how statutory frameworks can either reproduce systemic inequalities or challenge these in grassroots systems of justice globally.

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