(a) whether the Government has initiated any step to establish web portal for each Ministry/ Department of the Government where they can upload the details of cases which are pending in various courts and the status of these cases so as to help in effective monitoring of court cases by the Department of Legal Affairs;
(b) if so, the details thereof;
(c) whether the Government has started any structural legal framework of mediation; and
(d) if so, the details thereof?
ANSWER
MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND
INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) to (d) : A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (d) OF THE STARRED QUESTION NO-143 DUE FOR ANSWER ON 13.02.2019 IN THE LOK SABHA
(a) Yes, Madam.
(b) Department of Legal Affairs(DoLA) vide Gazette Notification dated 08.02.2016 has implemented Legal Information Management & Briefing System (LIMBS), an IT enabled application for monitoring of court cases where Government of India is one of the party. It has been implemented in all 55+ Ministries/Departments(Annexure-A) of the Government where Users of Ministries can upload the details of cases which are pending in various courts and also the status of these cases so as to help Ministries in effective monitoring of court cases. As on 06.02.2019, Ministries/Departments have uploaded 4.11 lakh court cases in LIMBS application.
(c) Yes, Madam.
(d) Mediation is one of the Alternative Dispute Resolution(ADR) mechanisms. Legal Services Authorities are engaged in promoting the use of ADR mechanisms through mediation. In all the States, there are mediation centres. Mediation and Conciliation Project Committee (MCPC) primarily gives training to mediators.
At the High Court’s level also, there are Mediation and Conciliation Committees. Mediation centres in the States are primarily engaged in dealing with mediation matters referred to them by the Courts. In marital disputes at pre-litigation stage in pursuant to the judgment of Hon’ble Supreme Court titled as K.Srinivas Rao v. D.A.Deepa, mediation is also done at pre-litigation stage. At present, there is no statute governing mediation. Mediation finds reference in Section 80 of the Code of Civil Procedure and also in Section 12 A of the Commercial Courts Act, 2015 (as amended in May, 2018). Section 12A has been introduced in the Act which provides that except for cases which contemplates urgent interim relief, no suit qua a commercial dispute shall be instituted in the court of competent jurisdiction unless the plaintiff first exhausts the remedy of Pre-Institution Mediation before the Legal Services Institutions constituted under Legal Services Authorities Act,1987.
It is pertinent to mention that in Chief Justices’ Conference held on 2013, it was resolved that
“A.D.R. mechanism be strengthened for purpose of optimum utilization by sensitizing and training Judges and advocates. Awareness programmes be conducted regularly which will go a long way in also arresting the backlog of cases in Courts.
State Legal Services Authority shall have the overall control and supervision of the Mediation Centres and Mediation Monitoring Committees at the High Court level will function in accordance with the directions given by the MCPC.
Steps be taken for setting up Mediation centres/A.D.R. Centres at the district level, where they are yet to be set up. Para-Legal Volunteers in the rural areas, and in particular women, be drawn for the community to man the centres.”
In High Courts, primarily training, guidance and directions are given by Mediation and Conciliation Project Committee, Supreme Court of India. In some of the States, the fund for mediation is provided by the State Governments.
A statement containing the information w.r.t. the number of cases settled through mediation during the current financial year i.e. 2018-19 (upto December, 2018) is annexed at Annexure-B.
In order to promote and expand mediation, awareness campaigns are being conducted to make public aware of the facility of mediation. This apart, in the recommendations made by the 13th & 14th Finance Commission, amount was allotted for mediation. New ADR centres have been built and are under construction to expand the facility of mediation.
ANNEXURE-A
List of Ministries/Departments where LIMBS has been implemented
S.No. Ministry/Department
1 AGRICULTURE AND FARMERS WELFARE
2 AYUSH
3 CHEMICALS AND FERTILIZERS
4 CIVIL AVIATION
5 COAL
6 COMMERCE AND INDUSTRY
7 COMMUNICATION TELECOMMUNICATION
8 COMMUNICATIONS
9 CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION
10 CORPORATE AFFAIRS
11 CULTURE
12 DEFENCE
13 DEPARTMENT OF ATOMIC ENERGY
14 DEPARTMENT OF SPACE
15 DEVELOPMENT OF NORTH EASTERN REGION
16 DRINKING WATER SUPPLY AND SANITATION
17 EARTH SCIENCES
18 ENVIRONMENT FOREST AND CLIMATE CHANGE
19 EXTERNAL AFFAIRS
20 FINANCE
21 FOOD PROCESSING INDUSTRIES
22 HEALTH AND FAMILY WELFARE
23 HEAVY INDUSTRIES AND PUBLIC ENTERPRISES
24 HOME AFFAIRS
25 HOUSING AND URBAN AFFAIRS
26 HOUSING AND URBAN POVERTY ALLEVIATION
27 HUMAN RESOURCE DEVELOPMENT
28 INFORMATION AND BROADCASTING
29 LABOUR AND EMPLOYMENT
30 LAW AND JUSTICE
31 MEITY
32 MICRO, SMALL AND MEDIUM ENTERPRISES
33 MINES
34 MINORITY AFFAIRS
35 NEW AND RENEWABLE ENERGY
36 NITI AAYOG
37 PANCHAYATI RAJ
38 PARLIAMENTARY AFFAIRS
39 PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
40 PETROLEUM AND NATURAL GAS
41 POWER
42 RAILWAY
43 ROAD TRANSPORT AND HIGHWAYS
44 RURAL DEVELOPMENT
45 SCIENCE AND TECHNOLOGY
46 SHIPPING
47 SKILL DEVELOPMENT AND ENTREPRENEURSHIP
48 SOCIAL JUSTICE AND EMPOWERMENT
49 STATISTICS AND PROGRAMME IMPLEMENTATION
50 STEEL
51 TEXTILES
52 TOURISM
53 TRIBAL AFFAIRS
54 WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJU
55 WOMEN AND CHILD DEVELOPMENT
56 YOUTH AFFAIR AND SPORTS
List of Nodal Officers in LIMBS-
S.No Ministry Department Nodal Officer Name Designation
1 AGRICULTURE AND FARMERS WELFARE ANIMAL HUSBANDRY DAIRYING AND FISHERIES G N SINGH JS
2 AGRICULTURE AND FARMERS WELFARE AGRICULTURE, COOPERATION AND FARMERS WELFARE AMITABH GAUTAM JS
3 CHEMICALS AND FERTILIZERS DEPARTMENT OF CHEMICAL AND PETROCHEMICAL RAKESH KUMAR KAMRA DEPUTY DIRECTOR GENERAL
4 CHEMICALS AND FERTILIZERS PHARMACEUTICALS RAJNEESH TINGAL JS
5 COMMERCE AND INDUSTRY DGFT RAJBIR SHARMA JOINT DIRECTOR GENERAL
6 COMMERCE AND INDUSTRY DIPP RAVINDER JS
7 COMMUNICATIONS POSTS SHAILENDRA DASHORA DEPUTY DIRECTOR GENERAL
8 COMMUNICATIONS TELECOMMUNICATION TELECOMMUNICATION ARJUN SINGH DEPUTY DIRECTOR GENERAL
9 CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION FOOD AND PUBLIC DISTRIBUTION SURESH KUMAR VASHISHTH JS
10 CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION CONSUMER AFFAIRS ANIL BAHUGUNA JS
11 CULTURE DEPT OF CULTURE SHRAVAN KUMAR JS
12 DEFENCE EX SERVICEMEN WELFARE PUDI HARI PRASAD JS
13 DEFENCE DEPT OF DEFENCE V ANANDARAJAN JS
14 DEFENCE DEFENCE PRODUCTION AMIT SAHAI JS
15 DEFENCE DRDO B K MISHRA ASSOCIATE DIRECTOR
16 DEPT. OF NORTH EASTERN REGION DONER SHANKAR LAL MEENA JS
17 ENVIRONMENT FOREST AND CLIMATE CHANGE POLICY AND LAW YASHVIR SINGH ECONOMIC ADVISOR
18 EXTERNAL AFFAIRS ADMINISTRATION DIVISION AMIT KUMAR JS
19 EXTERNAL AFFAIRS PSP ARUN K. CHATTERJEE JS
20 EXTERNAL AFFAIRS CPV DIVISION AMRIT LUGUN JS
21 FINANCE REVENUE CBDT RAVINDRA SINGH RAWAL COMMISSIONER
22 FINANCE EXPENDITURE ANNIE GEORGE MATHEW JS
23 FINANCE REVENUE HQ RITVIK RANJANAM PANDEY JS
24 FINANCE FINANCIAL SERVICES VANDITA KAUL JS
25 FOOD PROCESSING INDUSTRIES FOOD PROCESSING INDUSTRIES ASHOK KUMAR JS
26 HEALTH AND FAMILY WELFARE HEALTH AND FAMILY WELFARE SUDHIR KUMAR JS
27 HEALTH AND FAMILY WELFARE HEALTH RESEARCH VIJAY KUMAR GAUBA JS
28 HEAVY INDUSTRIES AND PUBLIC ENTERPRISES HEAVY INDUSTRIES PRAVIN L AGGARWAL JS
29 HOME AFFAIRS CIC DIVISION SAHELI GHOSH ROY JS
30 HOUSING AND URBAN AFFAIRS COORDINATION DIVISION NANDITA GUPTA JS
31 HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION AND LITRACY SACHIN SINHA JS
32 HUMAN RESOURCE DEVELOPMENT DHE EA BUREAU V L V S S SUBBA RAO SR ECONOMIC ADVISOR
33 INFORMATION AND BROADCASTING INFORMATION VIKRAM SAHAY JS
34 LAW AND JUSTICE LEGISLATIVE DEPT REETA VASISHTA ADDL SECY
35 LAW AND JUSTICE JUSTICE G R RAGHAVENDER JS
36 MINES MINES HQ NIRANJAN KUMAR SINGH JS
37 NEW AND RENEWABLE ENERGY COORD SUTAPA MAJUMDAR ECONOMIC ADVISOR
38 PARLIAMENTARY AFFAIRS PARLIAMENTARY AFFAIRS SATYA PRAKASH JS
39 PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS PENSIONS AND PENSIONERS WELFARE SANJIV NARAIN MATHUR JS
40 PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING VIJOY KUMAR SINGH JS
41 PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DARPG KIRAN PURI JS
42 PETROLEUM AND NATURAL GAS REFINERY SANDEEP POUNDRIK JS
43 ROAD TRANSPORT & HIGHWAYS IT SECTION PRIYANK BHARTI JS
44 RURAL DEVELOPMENT RURAL DEVELOPMENT P K SARANGI JS
45 RURAL DEVELOPMENT LAND RESOURCES SUSHIL KUMAR SINGLA JS
46 SCIENCE AND TECHNOLOGY SCIENCE AND TECHNOLOGY ANJU BHALLA JS
47 SCIENCE AND TECHNOLOGY SCIENTIFIC AND INDUSTRIAL RESEARCH K R VAIDHEESWARAN JS
48 SCIENCE AND TECHNOLOGY BIO TECHNOLOGY CHANDRA PRAKASH GOYAL JS
49 SHIPPING SHIPPING RAJAT SACHAR ADVISOR
50 SKILL DEVELOPMENT AND ENTREPRENEURSHIP DGT DEEPANKAR MALLICK DEPUTY DIRECTOR GENERAL
51 SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT OF SOCIAL JUSTICE AND EMPOWERMENT RASHMI CHOWDHARY JS
52 STATISTICS & PROGRAMME IMPLEMENTATION ARUN KUMAR YADAV JS
53 STEEL STEEL T SRINIVAS JS
54 TRIBAL AFFAIRS PARLIAMENT AND COORDINATION MEERA RANJAN TSHERING JS
55 WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJU ADMINISTRATION NITISHWAR KUMAR JS
56 WOMEN AND CHILD DEVELOPMENT WOMEN AND CHILD DEVELOPMENT K MOSES CHALAI JS
57 YOUTH AFFAIR AND SPORTS YOUTH AFFAIRS ASIT SINGH JS
58 YOUTH AFFAIR AND SPORTS SPORTS INDER DHAMIJA JS
Annexure-B
REPLY TO PARTS (c )AND (d) OF THE LOK SABHA STARRED QUESTION NO. *143 FOR 13.02.2019 REGARDING MONITORING OF COURT CASES.
(A STATEMENT CONTAINING THE DETAILS OF NUMBER OF CASES SETTLED THROUGH MEDIATION DURING THE CURRENT FINANCIAL YEAR i.e. 2018-19 (UPTO DECEMBER, 18).
S. No. Name of the State Authority 2018-19
(upto December, 2018)
1 Andaman & Nicobar Islands 14
2 Andhra Pradesh 892
3 Arunachal Pradesh 0
4 Assam 276
5 Bihar 199
6 Chhattisgarh 410
7 Dadra & Nagar Haveli 8
8 Daman & Diu 0
9 Delhi 632
10 Goa 14
11 Gujarat 393
12 Haryana 1763
13 Himachal Pradesh 377
14 Jammu & Kashmir 86
15 Jharkhand 6475
16 Karnataka 4971
17 Kerala 9078
18 Lakshadweep 0
19 Madhya Pradesh 16424
20 Maharashtra 14425
21 Manipur 22
22 Meghalaya 1
23 Mizoram 0
24 Nagaland 0
25 Odisha 79
26 Puducherry 19
27 Punjab 1671
28 Rajasthan 1847
29 Sikkim 47
30 Tamil Nadu 1866
31 Telengana 410
32 Tripura 14
33 U. T. Chandigarh 263
34 Uttar Pradesh 6070
35 Uttarakhand 375
36 West Bengal 1988
Grand Total 71109