Legal Provisions Involved: Article 226 of the Constitution of India (suo motu writ jurisdiction)

Judgement By: Kerala High Court

Judge/Bench: Chief Justice Nitin Jamdar and Justice Syam Kumar V.M.

Facts

The Kerala High Court took up a suo motu writ petition after noticing serious lack of basic infrastructure in Mediation and ADR Centres across the State. Reports showed that many centres do not have proper rooms, privacy for parties, internet facilities, staff, furniture, or even basic amenities like drinking water and toilets. These issues were affecting the smooth conduct of mediation proceedings.

Key Legal Provisions

Article 226 of the Constitution of India

Issues Raised

Whether poor infrastructure at mediation centres affects access to justice and the effectiveness of mediation?

Arguments of the Case

The reports submitted to the Court pointed out that several centres lacked computers, internet connectivity, and basic furniture. Online mediation was not possible in most places, and senior citizens and differently-abled persons faced difficulty due to lack of proper access. State authorities acknowledged these problems and prepared a list of centres needing urgent attention.

Judgement

The court directed the formation of a Mediation Infrastructure Committee to look into these issues and monitor improvements across Kerala. The Committee will meet regularly to ensure necessary facilities are provided.

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