The Supreme Court deserves appreciation for its imaginative initiative christened SAMADHAN — Supreme Court Action for Mediated Adjudication and Disputes Harmonisation Across Nation. Even those who question the wisdom of the exercise will concede that the acronym is ingenious. It reflects the judiciary’s apparent desire to promote mediation and consensual settlement instead of prolonged litigation.

One cannot, however, overlook the fact that the Court seems to have been inspired by Prime Minister Narendra Modi’s well-known fascination for memorable acronyms.

The Court has announced a three-day SAMADHAN Samaroh (21–23 August) to resolve through mediation all manner of disputes, including some very contentious religious ones. The sentiment is admirable, but the question is: can goodwill and mediation dissolve disputes that have resisted resolution for decades?

History suggests otherwise.

The Ayodhya dispute witnessed numerous attempts at reconciliation. Among those who tried were the Shankaracharya of Kanchi and IPS officer-turned-scholar Kishore Kunal, renowned for his work at the Mahavir Mandir in Patna and his extensive research on the Ram Janmabhoomi issue. Many eminent citizens quietly explored formulas acceptable to both communities. None succeeded. The reason was simple.

Successful mediation requires authorised representatives capable of making binding compromises. Neither Hindus nor Muslims have a single organisation empowered to negotiate on behalf of all believers. Any individual or body claiming to represent one side would immediately be accused of conceding too much. Negotiators would have no guarantee that their own communities would hon-our the settlement. Faced with that reality, discretion became the better part of valour.

Ultimately, the Supreme Court had to decide the Ayodhya dispute.

When the judgment was delivered in November 2019, there was remarkable calm across the country. That was because both communities had prepared themselves for a judicial verdict after decades of litigation. The unanimous nature of the decision, extensive security........

© National Herald