Auroville's monthly news magazine since 1988

Published: January 2020 (6 years ago) in issue Nº 366

Keywords: Advocates, Mediators, High Court, Madras, Supreme Court of India, Legalities and Mediation

References: Govind Swaminathan and Kireet Joshi

“It’s time for Auroville to take stock”

 
Sriram Panchu

Sriram Panchu

Sriram Panchu is a senior advocate at the High Court, Madras, and an internationally recognised mediator. Over the past 20 years, he has been instrumental in bringing mediation into India’s dispute resolution system. The Supreme Court of India has called upon his mediation services a number of times, most recently in connection with the long-running Ayodhya Ram Janmabhoomi – Babri Masjid dispute. He has a strong connection with Auroville, and has advised both individuals and Auroville institutions on legal matters.

How did you first become involved with Auroville?

I began working in 1976 with Mr Govind Swaminadhan, a very senior lawyer. He was helping Kireet Joshi in the case relating to the forming of the Auroville Foundation.  He asked me to work on some matters relating to Auroville and that’s how my connection started.  Over the years I have advised the Foundation and individuals in Auroville, and appeared in cases. 

Does the legal status of Auroville pose a particular challenge for lawyers?

Auroville is undoubtedly an unusual legal entity; it doesn’t fit into existing concepts easily. But we were able to fit most of the things we had to deal with into the existing judicial system.

You are very well known for your mediation work. I believe you helped a little bit in the setting up of the mediation service in Auroville?

I’ve had discussions, I have given some advice and put some Aurovilians in touch with others in the sphere of mediation, but I don’t recollect being very much involved in the actual setting up of your mediation centre.  I heard that this centre is doing good work. Auroville has not had an easy time with developing models of democratic self-governance. The mediation centre can play a very useful role in sorting out issues which otherwise can become bones of contention and conflict.

Do you think mediation is a more appropriate approach for Auroville than adopting elements from existing judicial systems?

Definitely, mediation is definitely more appropriate and fits the ethos of Auroville well.  

Does meditation favour a rather different concept of justice from that of the state judicial system? 

If you take ‘justice’ to mean just the authority of the State applying the rules, then mediation is different from justice. But if you can also conceive of justice as the result of what both parties think is just and equitable given all the circumstances of the case, then mediation does have the flavour of justice.  

Mediation seems to give a better opportunity for working through situations and problems in depth, and to take into account the complexities of the human condition.

That’s right. Mediation doesn’t usually see things in terms of black and white.  In mediation you can get to see multiple facets of the problem and the people involved and explore a lot of options for settlement. Having said that, I think that the justice system has a looming majesty, and the law codes  provide a guide to conduct, so  they can work quite well with mediation. I don’t see them as being inherently in conflict.

Would you describe your relationship with Auroville as being purely professional?

I have many personal friendships which are valuable and rewarding, so it’s not just professional. But I have not been much in touch with Auroville over recent years.

How do you view the experiment of Auroville? Do you see it as being important for the larger India? 

Auroville is 50 years old so you are somewhat beyond the experimental stage, at least the initial one. You are a wonderful oasis, so that part of the experiment seems to have come right. I have, however, lost touch with your experiments in internal governance; I used to observe them with wry amusement as a microcosm and example of humanity’s elusive attempts in this regard. 

How important you are for the larger India is another question. It’s not something I have an answer to. I know of a couple of areas where Auroville has scored well; there may well be more. But it’s primarily for Auroville to take stock now, and to tell us what it thinks it has done for India’s benefit. Then we can measure achievement, and also assess if there is a communication gap.

I think Auroville could play a useful role in India’s mediation efforts. You could hold a mediation meeting or conference in Auroville where you invite mediators from elsewhere, and see if there is a wider opportunity for Auroville in this field.

Would you be willing to be involved with this?

It’s a possibility. Perhaps a little later.