ALTERNATE DISPUTE RESOLUTION

  • Various means/ processes of settling dispute without a trial or outside a court room Dispute between parties can be of all types including civil, commercial, industrial,  family, etc. 
  • It uses a third party to help aggrieved parties communicate and resolve dispute. Constitutional provisions 
    • Article 14 – equality before law 
    • Article 21 – Right to life and personal liberty 
    • Article 39 A – Strive to achieve equal justice and free legal aid (DPSP) Legal provisions 
    • Section 89, Civil Procedure Code, 1908 
    • Arbitration and Conciliation Act, 1996 
    • The Legal Services Authority Act, 1987 

Mechanisms 

  1. Arbitration 
    • Decisions of arbitral tribunal are mostly binding for dispute submitted to it Rules of evidence are often relaxed 
    • Right to appeal is generally absent 
  1. Conciliation 
    • Conciliator assists parties to reach mutually satisfactory settlement Less formal than arbitration  
    • While recommendations are non-binding, settlement document is binding 3. Mediation 
    • Mediators only helps the parties communicate but does not control the outcome 4. Negotiation 
    • Does not involve any third party for discussion 
    • It is non-binding and is most common method of ADR
  1. Lok Adalat 
    • ‘People’s court’ 
    • Voluntary agencies in an informal setting which facilitates negotiations in the  presence of a judicial officer  
    • Does not lay undue emphasis on legal technicalities 
    • Orders deemed to be decree of civil court and binding on parties 

Benefits 

    • Less time consuming and cost-effective method 
    • Free from technicalities of court and reduces hindrances of fear of court Reduces burden of litigation on courts 
    • Fosters cooperation to reach best resolution for all 
    • Provides opportunity to reduce hostility 
    • Maintains larger social order 

The Digital Personal Data Protection Bill (DPDP  Bill) 

The Bill provides for the processing of digital personal data in a manner that recognizes both  the rights of the individuals to protect their personal data and the need to process such personal  data for lawful purposes and for matters connected therewith or incidental thereto 

Need for the bill: 

Data protection laws in India are necessary to protect the privacy rights of people and to hold  cyber criminals responsible for their wrongful acts. These laws provide remedies for false  profiles and fraud that can be made using stolen information. They also establish accountability  standards for businesses that process data. 

EU & India: 

Under the EU’s General Data Protection Regulation (GDPR), the personal data of EU citizens  can only be transferred to countries that ensure an adequate level of protection. This means that  the recipient country like India must have data protection laws that are deemed equivalent to  the protection offered by the GDPR. 

The Bill also seeks to achieve the following: 

  • Introduce data protection law with minimum disruption while ensuring necessary  change in the way Data Fiduciaries process data; 
  • Enhance the Ease of Living and the Ease of Doing Business; and 
  • Enable India’s digital economy and its innovation ecosystem.

The Bill provides for following rights to the individuals:  

  • The right to access information about personal data processed; 
  • correction and erasure of data;  
  • grievance redressal; and  
  • nominate a person to exercise rights in case of death or incapacity. 

The Bill provides for following obligations on the data fiduciary: 

  • security safeguards to prevent personal data breach,  
  • intimate personal data breaches,  
  • erase personal data when no longer needed or upon withdrawal of consent,  have a grievance redressal system, etc. 

The General Data Protection Regulation (GDPR)  

  • It is a legal framework that sets guidelines for the collection and processing of personal  information.  
  • The GDPR was approved by the European Parliament in 2016 and went into effect in  2018.  
  • The GDPR replaced the EU Data Protection Directive of 1995.  
  • The GDPR is considered the world’s strongest set of data protection rules.  It imposes obligations on organizations anywhere that target or collect data related to  people in the EU.  

The GDPR includes:  

  • Obligations for data controllers and processors to implement appropriate security  measures 
  • Limits on what organizations can do with personal data 
  • Enhancements to how people can access information about them 

Other NEWS:

‘Neelakurinji’ to  give visitors quick  tour of Idukki’s  rich biodiversity  and culture A biodiversity knowledge centre named  Neelakkurinji at Adimaly, the entry point of the  Munnar hill station in Kerala.  

The centre has been set up by the State Haritha  Keralam Mission, United Nations Development  Programme (UNDP), and the Idukki district  panchayat. 

set up exclusively to describe the rich  biodiversity and cultural life of Idukki district

 

Lok Sabha  adjourned sine  die, registers  160%  

productivity

Adjournment sine die is a Latin phrase that  means “without day”. 

It refers to adjourning a sitting of the house without setting a date for reassembly.

Quad Ministers  hold talks on  rules-based order,  UN reform Quadrilateral Security Dialogue, commonly  known as Quad consists of India, Australia, Japan  and the U.S. 

to work for a free, open, prosperous and inclusive  Indo-Pacific region. 

to offer alternative debt financing for nations in  the Indo-Pacific region.

 

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