Reference of Ramayan, Mahabharat and Bhagawadgeeta can be given for mediation in legal matters

  • It is inappropriate to mediate on offenses registered under the ‘POCSO’ Act
  • Delhi High Court’s observation

New Delhi – Mediation can be used to settle any legal matter. It includes reference of Ramayan, Mahabharat and Bhagawadgeeta. Chapters in these Scriptures should be understood in detail. They should not be seen as merely a ‘religious text’. The Delhi High Court observed that even legal cases can be settled through this. Justice Swarnkant Sharma further said, “This Court thus, opines that it is not on the basis of the British or other foreign Jurisprudence alone but on the basis of unplundered wealth of ancient Indian Judicial and mediation jurisprudence which is found in our old texts including Ramayan (रामायण), Mahabharat (महाभारत), Bhagawadgeeta (श्रीमद्भगवद्गीता), when read and understood in detail in context of the messages conveyed in certain chapters, subject to their true interpretation and understanding without being referred to as religious texts alone.” The Court also referred to verses from Quran and Bible to highlight how mediation is used to settle disputes.

The judge further said that, however, cases under the Protection of Children from Sexual Offenses Act, i.e. the ‘POCSO’ Act, should not be mediated. No compromise can be made in respect to these offences.

What is the matter ?

In the year 2015, a relative of a man’s wife sexually abused a little girl. The complainant person, i.e. the husband, had earlier entered (filed) a petition in the lower Court. The lower Court had asked to mediate and settle the matter. The complainant appealed to the High Court.