Case 1

‘Rakhi Ka Insaaf’

Television channel NDTV Imagine launched a programme to help people resolve their
disputes; mainly domestic violence, dowry abuse, marital infidelity, filial impiety, etc.
According to the channel, the show was an attempt to provide a platform for common
people to voice their problems and look for solutions and that it was a first-of-its-kind
attempt to address real life problems of real people.

The channel fastened in the controversy queen Ms.Rakhi Sawant, as the anchor, to
dispense justice in her own unique way. The programme since has become popular,
albeit with its share of problems.

ADR Method

The show uses one of the mechanisms of ADR, i.e. Mediation, where the disputing
parties choose a neutral third party who assists them to come to a mutually acceptable
decision. If however, the parties fail to come to a conclusion, the mediator may make
recommendations to resolve the dispute. In this case Rakhi Sawant, the host of the
show, is the mediator, helping disputing parties resolve their issues.

The Outcome

The show however got into controversy because of the host – Ms Rakhi Sawant’s
brazen demeanor, vulgar and abusive language, and seat of the pants justice. The
show even got into legal trouble after one participant whom Ms. Sawant had called
“impotent” on the show, allegedly sunk into depression and died, for which his family
members blaming the host and have lodged a case in the local court.

There has also been public outrage against the show as people find the contents highly
objectionable, so much so that the Ministry of Information and Broadcasting directed the
channel to air the show after 11PM. The show even received an advisory notice from
the National Commission for Women for obscenity and indecent representation of a
woman.

The Reasons for ADR Going Wrong

1. Insincere Intention – Contrary to what is clamed by the channel, the programme

never intended to solve people’s problems but to create controversies to increase
viewership (TRP).The choice of the anchor and the setting of the show confirm to this
argument.
2. Incorrect choice of mediator- The choice of Rakhi Sawant as a mediator is against
every tenet of ADR. She is brash, rude, impatient and completely clueless about making
the atmosphere conducive for discussion. She makes ostentatious remarks to titillate
the crowd and plays to the gallery. Her choice, as a mediator, shows the sincerity-or the
lack of it, of the channel in resolving disputes.

3. Public Prosecution- The model of the show is such that issues, which are highly
private and emotional, are discussed in public. The participants are under intense
pressure to make the right remarks. The crowd, which is present in the show, jeers,
shouts and instigates the disputants, aggravating the situation further.

4. Lack of training – Resolving disputes is an art and needs very specific skills and
approach. Mediators can employ a wide-range of techniques to assist disputants. Rakhi
Sawant’s Lack of experience of handling disputes and inappropriate approach could
have been compensated by training on behavioral science and counseling.

Conclusion

The T.V. show ‘Rakhi Ka Insaf’ is the most appropriate example to establish two
important facts. The first is that a large number of people want to avoid litigation but
need assistance to resolve their disputes. And the second, rather more important is that
any ADR mechanism - however effective – will not give the desired results unless it
confirms to the principles of ADR. Ms. Kiran Bedi’s show ‘Aap Ki Kacheri’, with its
seriousness and sincerity, though reaffirms the effectiveness and relevance of ADR in
resolving family issues.