A petition has been filed in the Kerala High Court challenging the age cap for mediators set by the state government. The petitioner argues that limiting the eligibility of mediators based on age is discriminatory and unreasonable, affecting the right to practice and hindering the appointment of experienced professionals in the mediation process.
Background:
In Kerala, an age cap was introduced for mediators as part of the state’s effort to streamline the process and ensure active participation by a younger, more dynamic pool of professionals. The petition challenges this age limit, arguing that it unjustly restricts qualified and experienced individuals from continuing their roles as mediators once they reach a certain age, despite their expertise in the field.
Court’s Rationale:
The Kerala High Court is yet to issue a detailed order on the matter, but the petition raises important constitutional questions regarding equality and the right to work. The court is expected to examine the fairness of the age cap, considering whether it constitutes an unjustified restriction on individuals based solely on age rather than their qualifications or experience.
Existing Measures:
Mediation in Kerala is governed by guidelines aimed at promoting alternative dispute resolution mechanisms, including the appointment of qualified professionals as mediators. The state government’s introduction of the age cap is a recent measure aimed at enhancing efficiency and accessibility. The Kerala High Court’s consideration of the case will likely influence the future of these guidelines.
Conclusion:
The Kerala High Court’s decision on this plea will determine whether the age cap for mediators will stand or be reconsidered. The case raises critical questions about age-related restrictions in professional practices and whether they unfairly limit the participation of experienced individuals in important roles like mediation.