Do out of court settlements mean less trust on SC?
The Babri Masjid - Ram Mandir dispute is far from over. After all these years of courtroom trials and speculations, political masquerading and what not, it has somehow found its way back to where it started. Amid all the imbroglio, spiritual leader Sri Sri Ravi Shankar has suggested that an out of court settlement is the only way out of this dispute, without agitating the people of either communities and avoiding communal clashes around the country. The next SC hearing is scheduled to 14 March. Will an attempt at out of court settlement show less trust towards the SC?
Yes:1. Treating it wrong: SC is treating the case as a land dispute, which it is not, and hence no solution could be reached. It is attached to the religious sentiments of people across the country. Unless the case is given the due angle, there is no guarantee that the verdict solves the issue once and for all.
2. Acceptance: People and representatives of either side will not accept the verdict in case it doesn’t fall in their favour. In either of the situations, the other side will be left unsatisfied and call for counter measures. They refused to accept the verdict of High Courts; they are going to do the same to SC verdict.
3. Low faith: People of either side have low faith in SC owing to various previous instances of justice delayed or denied. It is difficult for them to rebuild that faith and in case the verdict fails to appease them, it will have long-time effect on the mindset of that community for future cases. Judiciary might fail to develop the understanding that out of court settlement has the chance to.
4. Prolonging the decision: The verdict is far from happening; people and the government are restless on getting this done once and for all. Owe it to vote channelling or mass appeasement, SC will have a harder time deciding on the verdict for this dispute. Out of court settlement is the better and easier option.
No:1. Simply a harmonious measure: Having the representatives of both sides to sit and discuss the issue from the point of view of welfare of citizen and to promote peace and harmony nationwide is just better than arguing in court. This does not by any means resemble lost faith in the judiciary or SC for that matter.
2. Mutual understanding: Out of court settlements are based on mutual respect and understanding, something that is much needed between the two communities. An out of court settlement will not only promote this, but also ensure that there is no hard feelings in the minds of people in future that could lead to communal violence of any kind.
3. Court encourages: Out of court settlements have always been encouraged by courts as well. They accept it to be the better option as well.
Out of court settlement might or might not be agreeable for both sides, on which will be left for the SC to decide and ensure that the verdict is peacefully accepted by both the communities without clashes or hints of violence in any state or region.
