Alternative Dispute Resolution in India: From Panchayats to Professional Dispute Resolution

Y Babji, Legal Practitioner

Alternative Dispute Resolution is no longer merely an alternative to courts. It has become an important part of India's justice-delivery system, offering parties a quicker, less expensive and more flexible way of resolving disputes. Arbitration, mediation, conciliation, negotiation, Lok Adalats and Permanent Lok Adalats now operate alongside the formal judicial system.

From Panchayats to Statutory ADR

The roots of ADR in India are much older than the modern courts. Village panchayats traditionally resolved local disputes through discussion, compromise and community wisdom. The formal judicial system introduced during the colonial period gradually displaced many of these informal mechanisms. Arbitration subsequently received statutory recognition through the Arbitration Act, 1899, provisions of the Code of Civil Procedure, 1908 and later the Arbitration Act, 1940.

After Independence, India progressively constructed a broader ADR framework. The Family Courts Act, 1984, emphasised conciliation and settlement in matrimonial and family disputes. The Legal Services Authorities Act, 1987 gave statutory recognition to Lok Adalats and institutionalised free legal services. The Arbitration and Conciliation Act, 1996, substantially based on the United Nations Commission on International Trade Law (UNCITRAL) model, modernised arbitration and conciliation and sought to make Indian arbitration more efficient and internationally compatible.

The Consumer Protection Act, 1986 and later the Consumer Protection Act, 2019, introduced mediation mechanisms for consumer disputes. The Gram Nyayalayas Act, 2008, sought to take inexpensive justice closer to rural communities, while the Commercial Courts Act, 2015 gave considerable importance to pre-institution mediation in commercial disputes. The Mediation Act, 2023 is the latest major development, providing a statutory framework for mediation, including pre-litigation, institutional, community and online mediation and enforceability of mediated settlements.

Lok Adalat: The Numbers Tell the Story

Among all ADR mechanisms, Lok Adalats have produced the most spectacular numerical results. Established under the Legal Services Authorities Act, 1987 they settle both pending court cases and pre-litigation disputes. Under Section 21, a Lok Adalat award is treated as a decree of a civil court, is final and binding and ordinarily cannot be appealed.

The scale is extraordinary. National Lok Adalats settled 4.19 crore cases in 2022, 8.53 crore in 2023, 10.45 crore in 2024 and 14.84 crore in 2025. Of the 2025 figure, approximately 12.66 crore were pre-litigation matters and 2.18 crore were pending court cases. Permanent Lok Adalats, which principally deal with disputes relating to public utility services, disposed of 1.18 lakh cases in 2021-22, 1.71 lakh in 2022-23, 2.33 lakh in 2023-24 and 2.38 lakh in 2024-25.

These figures establish that ADR is no longer a peripheral experiment. It is dealing with disputes on a scale capable of significantly reducing the burden on conventional courts.

Mediation: Settlement Without Judgment

Mediation represents a different philosophy of justice. A mediator does not decide who is right or wrong and cannot impose a judgment. The mediator facilitates communication and helps the parties themselves arrive at an acceptable settlement. This makes mediation particularly valuable where the relationship between the parties needs to continue, whether in family, business, employment or community disputes.

The Mediation Act, 2023 seeks to make this process more structured, accessible and enforceable. Yet comprehensive nationwide statistics on mediation remain difficult to compile because mediation is conducted through courts, institutions and private practitioners and complete data on privately initiated ADR is not maintained.

Commercial disputes provide an encouraging indication of its growth. Applications for commercial pre-institution mediation increased from 3,680 during July 2018–March 2019 to 59,568 in 2024-25. During 2024-25, 52,730 applications were settled. For 2025-26 up to September 2025, 47,218 applications had been received and 30,353 had resulted in settlement.

Who Can Become a Mediator, Conciliator or Arbitrator?

An important misconception is that ADR is exclusively the domain of advocates or retired judges. The statutory framework is considerably broader. Being an advocate is not, by itself, a compulsory qualification for all three roles.

Under Section 8 of the Mediation Act, 2023, unless otherwise agreed by the parties, a person of any nationality may be appointed as a mediator. The Act does not prescribe that a mediator must necessarily be a lawyer, judge, advocate or even a graduate. However, professional mediation requires appropriate training, competence and where applicable, certification, registration and empanelment under the standards prescribed by the Mediation Council of India or the concerned mediation institution.

The position regarding arbitrators is similarly broad. Section 11(1) of the Arbitration and Conciliation Act, 1996, states that a person of any nationality may be an arbitrator unless otherwise agreed by the parties. An arbitrator therefore need not necessarily be a lawyer or judge. Depending upon the nature of the dispute, the parties may choose an advocate, retired judge, chartered accountant, company secretary, engineer, architect, scientist, industry professional or other domain expert.

There is also a common misunderstanding regarding the requirement of ten years' professional experience. The Eighth Schedule of the Arbitration Act, which had prescribed qualifications including ten years' experience for certain professionals, was omitted in 2021. Section 43J now provides for qualifications, experience and accreditation norms through regulations. Thus, there is no universal statutory requirement that every arbitrator must have ten years' professional experience, although arbitral institutions and parties may prescribe their own standards and generally prefer experienced professionals.

Conciliation under Part III of the Arbitration and Conciliation Act, 1996, is closer to mediation than arbitration. A conciliator assists the parties in reaching an amicable settlement but does not adjudicate the dispute. The Act does not require the conciliator to be a lawyer or judicial officer, although institutional rules may prescribe qualifications for empanelment.

The Crucial Difference

The simplest way to understand the three professions is this: the mediator facilitates, the conciliator promotes settlement and the arbitrator adjudicates. A mediator or conciliator helps the parties decide their dispute; an arbitrator decides it. The arbitrator therefore requires greater adjudicatory, legal, technical or subject-matter competence because the process culminates in an enforceable award.

A retired government officer, engineer, revenue officer, banker, police officer or other experienced professional is not automatically disqualified from becoming a mediator or arbitrator. Subject to applicable institutional rules, conflict-of-interest requirements and accreditation or empanelment conditions, professional and domain expertise can be a valuable asset in ADR.

The Promise and the Pitfalls

ADR offers speed, flexibility, confidentiality, lower costs and the possibility of preserving relationships. Arbitration allows parties to choose a neutral decision-maker and is particularly useful for complex technical and commercial disputes. Lok Adalats make settlement accessible to economically weaker sections and can substantially reduce court congestion.

Yet ADR is not a magic solution. Arbitration can itself become expensive and prolonged. Mediation can fail where parties are unwilling to compromise. There is also a danger that weaker parties may feel compelled to accept settlements simply because they cannot afford prolonged litigation. Most importantly, disposal should not become more important than justice. A settlement statistic is meaningful only when it represents a genuine and fair resolution.

The Road Ahead

India has travelled a long distance - from the informal wisdom of village panchayats to a sophisticated statutory ADR system involving arbitration, conciliation, mediation, Lok Adalats, Permanent Lok Adalats and court-annexed settlement mechanisms. The extraordinary Lok Adalat figures show the potential of this system, while the growth of mediation points towards its next phase.

The challenge now is not merely quantity but quality: competent and independent neutrals, professional training, ethical standards, affordable proceedings, institutional credibility, digital accessibility and reliable national data. ADR should not be regarded as “justice outside the courts.” It is another legitimate pathway to justice. The future Indian justice system should neither be entirely court-centric nor entirely ADR-centric. Courts should adjudicate what must be adjudicated, while disputes capable of settlement should be resolved early, fairly, economically and consensually.

Mobile Phones in Govt Offices

Y Babji, Legal Practitioner

A Notice Is Not Necessarily a Law

Walk into a Municipal office, Police station, Revenue office, Registration office, Transport office or any Public utility office and one may encounter a familiar instruction: “Mobile Phones and Cameras Not Allowed.” Sometimes the phone is required to be deposited at the entrance; sometimes the citizen is simply told to switch it off; and occasionally an official objects even when the citizen merely has the phone in his pocket.

But an important legal question is often overlooked: Under what law?

There is no general Indian law which makes it an offence for a citizen to carry a mobile phone or camera into every government office. A government office does not acquire unlimited powers merely because it is government property. An office notice is an administrative instruction; it does not automatically become a criminal law.

The distinction between carrying a device and using it is therefore fundamental.

Carrying Is Not Recording

A citizen carrying a smartphone is not necessarily photographing, recording or interfering with official work. A mobile phone today is not merely a telephone. It is a means of communication, digital identification, online access, digital payment, document storage, emergency contact and access to government services.

An authority may reasonably regulate its use, for example, prohibiting calls during a hearing, meeting or official proceeding. It may also prohibit photography or videography where confidentiality, privacy, security or orderly administration requires it.

But a blanket prohibition against merely possessing a phone requires a stronger justification.

Public Office Does Not Mean Unlimited Right to Record

The opposite proposition is equally wrong. The fact that an office is public does not mean that everything inside it can be photographed or recorded.

Government files may contain personal data, medical information, Aadhaar details, telephone numbers, financial information, investigation records and confidential correspondence. Recording such material may violate privacy or other statutory protections.

The Supreme Court's landmark decision in Justice K.S. Puttaswamy (Retd.) v. Union of India recognised privacy as a fundamental right and laid down the importance of legality, legitimate State purpose and proportionality when State action restricts protected rights.

Thus, “It is a public office, so I can record anything” is no more correct than “It is a government office, so I cannot carry a phone.”

Municipalities and Municipal Corporations

In a Municipality or Municipal Corporation, citizens ordinarily visit to submit applications, pay taxes, obtain permissions, pursue grievances or meet public officials. Such offices are fundamentally citizen-service institutions.

A restriction on photography or recording may be justified in particular circumstances, for example, where confidential personal information is involved or where recording disrupts proceedings. But a blanket prohibition on carrying a mobile phone throughout an ordinary municipal office should have an identifiable administrative or legal basis.

If a citizen is told, “Phones are prohibited,” the simple question is: “May I know the Government Order, circular or office order under which this prohibition has been imposed?”

Police Stations

A police station is different from an ordinary municipal office. It is a place of investigation, complaint registration, interrogation, statement recording and handling of sensitive information. Reasonable restrictions on photography or recording may therefore be necessary. But carrying a mobile phone into a police station is not, merely by itself, a criminal offence.

Recording a police officer performing an official act and recording a victim, child, witness, confidential case file or investigation material are legally different situations. The circumstances, purpose and consequences of the recording matter.

Nor does an ordinary prohibition sign automatically confer unlimited power upon a police officer to confiscate a citizen's phone.

Revenue Offices

Collectorates, RDO offices and MRO/Tahsildar offices deal with land records, mutations, certificates, disputes, enquiries and other matters involving substantial personal and property interests.

A citizen may legitimately wish to document an official interaction, particularly where there is a dispute concerning submission of an application or acknowledgement. Nevertheless, recording should not obstruct proceedings or expose confidential information belonging to another person.

A blanket prohibition on carrying phones should therefore be distinguished from a legitimate prohibition on recording particular proceedings or documents.

Registration Offices

Sub-Registrar offices handle property transactions and documents containing extensive personal and financial information. Restrictions may legitimately be imposed to protect confidential information, prevent disruption or maintain orderly functioning.

However, the mere fact that registration documents contain sensitive information does not automatically mean that every visitor loses the right to carry a mobile phone into the premises.

Transport Offices and Public Utilities

The same principle applies to RTA/Transport offices and citizen-facing public utilities such as electricity, water and other service offices.

Officials may regulate photography, recording and phone use where necessary to prevent disruption, protect personal information or maintain security. But administrative convenience cannot automatically be converted into a blanket prohibition on citizens carrying their phones.

Security-Sensitive Premises Are Different

There are, of course, places where stringent restrictions are entirely justified - defence establishments, prisons, sensitive police facilities, courts, examination centres, intelligence establishments and other protected premises.

In such places, prohibition of cameras and electronic devices may be an essential security measure. The law therefore does not demand identical rules for a defence installation and a municipal tax office. The nature of the premises matters.

Can the Phone Be Seized?

A citizen should distinguish between depositing a phone under an established security procedure and seizure or confiscation.

A security guard or government employee cannot automatically acquire unlimited power to seize private property merely because a notice says “Mobile Phones Prohibited.” If a phone is taken, the citizen may ask for the legal authority, the identity of the officer, a receipt or seizure memo and the provision under which the device is being retained.

A citizen should never physically resist a lawful search or seizure. The appropriate remedy is to challenge the action through lawful channels.

What Can a Citizen Do?

A citizen confronted with a mobile-phone prohibition in a public office should remain courteous but assertive.

First, ask whether the prohibition is on carrying, using, photographing or recording.

Second, ask for the specific rule, Government Order, circular or office order supporting the prohibition.

Third, ask whether the order applies to the entire premises or only to specified sensitive areas.

Fourth, if the phone is required to be deposited, ask for a proper receipt and safe-custody procedure.

Fifth, if recording is stopped, ask politely for the reason and the legal/administrative authority.

Sixth, do not obstruct officials or physically resist security personnel.

Seventh, where the authority refuses to disclose the basis of the prohibition, seek the relevant order and related information under the Right to Information Act, 2005.

Finally, if an arbitrary restriction or seizure is imposed, the citizen can pursue an appropriate administrative, departmental or judicial remedy depending upon the circumstances.

The Bottom Line

The issue is not whether a government office can ever prohibit mobile phones or cameras. It can, in appropriate circumstances. The real question is whether the prohibition is lawful, authorised, reasonable, necessary and proportionate.

A citizen does not surrender constitutional rights merely by walking through the door of a government office. At the same time, the right to transparency does not become a licence to violate privacy, confidentiality, security or orderly administration.

The guiding principle should therefore be: “Show me the rule, state the reason, limit the restriction.”

A public office exists to serve the public. Security is legitimate; secrecy without authority is not. Discipline is necessary; arbitrary power is not.

Govt Policies Do Not Reach the Public

Why?

Information Deficiency, Selective Perception and the Failure of Public Communication

- Y Babji, Advocate / PR Educator

A government may formulate an excellent policy, launch a well-designed programme, issue detailed rules and spend substantial public money on implementation. Yet the intended benefit may not reach the intended beneficiary. The reasons may be poor implementation, corruption or administrative apathy. But there is another, less visible reason i.e. the information about the policy itself may not reach people in a manner they understand, remember and act upon.

The problem becomes more serious when people receive only fragments of information, interpret them according to their interests and ignore the conditions attached to the benefit. This can be explained through two important communication concepts: (1) Information Deficiency and (2) Selective Perception.

The Hyderabad warning

The recent collapse of a seven-storey under-construction building at Anjaiah Nagar in the Gachibowli–Kondapur area of Hyderabad illustrates the problem. The unauthorised building stood on a very small plot of about 50 square yards and the collapse resulted in the deaths of two workers. Following the incident, HYDRAA and the Cyberabad Municipal Corporation intensified enforcement against unauthorised constructions. In one drive, CMC identified 38 unauthorised under-construction buildings, issued notices and demolished several structures. It subsequently identified many more. Reports also indicated that more than 800 unauthorised constructions had been identified across CMC's three zones over the preceding year.

The episode raises a larger question: Why do government rules, permissions, exemptions and safety requirements fail to influence behaviour before a tragedy occurs?

Information Deficiency: Publication is not Communication

Information deficiency does not necessarily mean that the government has failed to publish information. Today, governments have websites, portals, notifications, FAQs, advertisements, apps and social-media platforms. But publication by itself is not communication.

A rule hidden in a Government Order or technical regulation is not necessarily useful information for an ordinary citizen. For information to become meaningful, the citizen must know that the rule exists, understand that it applies to him, know what he can and cannot do, understand the consequences of violation and know where to seek clarification. Failure at any of these stages creates an information deficit.

The Small-plot Exemption: what does the citizen actually understand?

The Hyderabad building controversy is particularly relevant to the exemption relating to small residential plots. The Telangana government's TG-bPASS information provides that, subject to applicable conditions, residential plots up to 75 square yards may have exemption from building-permission approval for ground or ground-plus-one construction, while registration is required. For larger individual residential buildings, instant approval is available within specified plot-area and height limits. The distinction is crucial.

The public may hear: "Up to 75 square yards, no building permission is required."

But the actual message is much narrower: "Specified residential construction, subject to registration and applicable building rules, may not require building-permission approval."

The first statement can easily be interpreted as an unlimited exemption.

Similarly, a 7-metre height provision does not mean that a 75-square-yard plot is entitled to seven floors. Following the Anjaiah Nagar incident, enforcement specifically targeted buildings on plots below 75 square yards where construction exceeded 7 metres.

Thus, plot size, number of floors, height, permission, registration and structural safety must be communicated together. Communicating only one element can produce dangerous misunderstanding.

Selective Perception

Information deficiency explains why people may not know the complete rule. Selective perception explains why they may remember only the part that suits them.

People do not receive every message objectively. They select information according to their interests, expectations, experience and immediate needs.

A property owner may remember: "No permission below 75 square yards."

But forget: "Only specified G/G+1 construction, subject to applicable rules."

A builder may remember the permissible height but disregard setbacks, structural safety, road width, drainage, parking and land-use requirements.

A tenant may see a cheap seven-storey accommodation facility and assume that its existence proves government approval.

Thus selective perception operates on both sides i.e. the person constructing and the person occupying the building.

Building rules are Life-safety rules

Building regulations are not merely bureaucratic requirements for obtaining permission. They are fundamentally life-safety regulations.

Telangana's building rules prescribe different requirements relating to plot size, road width, permissible height, setbacks and parking. Restrictions also apply to projections such as balconies and corridors into mandatory open spaces. Parking requirements vary according to the nature and size of the development.

High-rise construction is subject to an entirely different regulatory regime. The rules prescribe, among other requirements, a minimum plot size of 2,000 square metres for high-rise buildings, together with structural drawings, qualified structural-engineer certification and other safety requirements.

Therefore, a small-plot exemption cannot reasonably be interpreted as permission to convert a tiny residential plot into a miniature high-rise.

Nor is height the only safety consideration. Foundation design, soil conditions, columns and beams, construction materials, load calculations, setbacks, ventilation, emergency access, fire safety, drainage, road width, parking, land use, encroachment on nalas or water bodies, approved plans and compliance with the sanctioned plan are all relevant. TG-bPASS also provides for structural proof checking and applicable NOCs. Self-certification is not a licence to violate the rules; it is a declaration of conformity with the applicable regulations.

More Information can sometimes mean less Understanding

There is a paradox in modern governance: governments provide more information than ever, but citizens may understand less than they need to know.

A Government Order may run into dozens of pages; websites and portals may contain hundreds of pages. Yet a citizen may still ask: "Can I construct three floors on my 60-square-yard plot?"

If the answer technically exists somewhere but the citizen cannot find, understand and apply it, the communication system has failed. Information overload can therefore produce a form of information deficiency.

The same problem affects welfare schemes

The phenomenon is not confined to building regulations. A government may announce that financial assistance is available to eligible beneficiaries. But people may not know who is eligible, what the income limit is, what documents are required, where to apply, the deadline, whether registration is compulsory, whether the benefit is automatic or where to appeal against rejection.

The scheme exists. The government has announced it. Yet the beneficiary remains outside it. That is the information-deficiency gap.

Selective perception widens the gap. A farmer remembers the subsidy but forgets the eligibility condition. A student remembers the scholarship amount but misses the deadline. A senior citizen remembers the concession but not the procedure. A property owner remembers the exemption but ignores its conditions.

From Govt → Citizen to Government → Understanding → Action

Government information is also frequently transmitted through intermediaries: Government → official → middleman → builder → neighbour → WhatsApp group → citizen.

At every stage, information may be shortened or distorted. "G+1 under specified conditions" becomes "no permission below 75 yards"; "up to 7 metres" becomes "seven floors are allowed"; and finally the purchaser hears, "Government permits it." By then, the qualifying conditions have disappeared.

This is why enforcement after a tragedy is not enough. The regulatory objective should be: Detect → Inform → Warn → Stop → Correct → Enforce rather than: Permit/ignore → Construct → Occupy → Collapse → Demolish.

Housing demand must also be addressed

Hyderabad's rapid economic growth has created enormous demand for affordable accommodation among workers, students, IT employees and others. If legitimate accommodation is inadequate, demand will inevitably create informal supply.

Therefore, enforcement alone cannot solve the problem. The city needs affordable housing, rational building regulations, appropriate policies for rental and hostel accommodation, simplified permissions, strict structural safety and effective enforcement.

Information is itself a form of Governance

Every major government policy should answer, in simple citizen language:

What is it?
Who is entitled?
What exactly can I do?
What can I NOT do?
What happens if I violate the rule?

For building regulations, a sixth question is essential: Can my action endanger somebody else?

The answers should be communicated through simple language, diagrams, local-language explainers, short videos, FAQs, helplines and examples of permitted and prohibited activities. The government must communicate the whole rule, not merely its attractive part.

Because an exemption without its conditions becomes a loophole. A benefit without eligibility information becomes misinformation. A right without procedure becomes ineffective. And a regulation without public understanding becomes an invitation to violation.

Conclusion

The Hyderabad building collapse is a reminder that regulatory failure and communication failure can ultimately become human-safety failures.

Information deficiency creates ignorance. Selective perception creates partial understanding. Partial understanding creates selective compliance. Selective compliance creates violations. Unchecked violations create risk and risk can eventually become tragedy.

Good governance therefore requires not merely good policies but good policy communication. The ultimate destination of a government message is not the Government Order, website or office. It is the mind of the citizen.

And the ultimate test of communication is not whether the message was sent, but whether the intended citizen understood it and acted correctly. That becomes effective communication.

A government policy succeeds only when it travels the entire distance i.e. from the Government Order to the government office, from the office to the citizen, from the citizen's ear to the citizen's mind and finally from the citizen's mind to responsible action.

Until that happens, there will always be a gap between policy on paper and public life on the ground.

 

Trusts in India: From Private Wealth to Public Purpose

[creation, trusteeship, beneficiaries, registration, taxation and jurisdiction]

Y Babji, Legal Practitioner

A trust is one of the most versatile legal arrangements available in India for holding, managing and transferring property. It can be created to protect family wealth, provide for minors, manage assets for future generations or pursue charitable, educational, medical or religious objectives. Yet, “trust” is not a single legal category. A private family trust, public charitable trust, religious endowment and testamentary trust operate under different legal principles and regulatory frameworks.

What is it?

Section 3 of the Indian Trusts Act, 1882 defines a trust as an obligation annexed to ownership of property, arising out of confidence reposed in and accepted by the owner for the benefit of another. In simple terms, the settlor or author transfers or dedicates property to a trustee, who holds and administers it for the benefit of specified beneficiaries or for a legally recognised purpose.

The essential components are therefore intention, trust property, trustees and beneficiaries or lawful objects. The trust must have sufficient certainty regarding what property is involved and for whose benefit or for what purpose it is being held.

Who Can Create It?

Section 7 of the Indian Trusts Act broadly permits a person competent to contract and entitled to the property to create a trust. An individual, company or other legally competent entity may establish a trust, depending on the nature of the property and purpose.

A trustee must generally be capable of holding property; where the trust requires the exercise of discretion, contractual competence is also relevant. A beneficiary may be an individual, a minor, a class of persons or in the case of a public charitable trust, the public or a sufficiently identifiable section of it.

Private and Public

The most fundamental distinction is between a private trust and a public trust.

A private trust benefits identified persons or an ascertainable class, for example, a trust created by a parent for the education and maintenance of children and grandchildren. It is frequently used for succession planning, preservation of family assets and protection of beneficiaries who may be minors or otherwise unable to manage property.

A public trust, by contrast, serves the public or a sufficiently large section of the public. A public charitable trust may undertake activities relating to education, medical relief, poverty alleviation, environmental protection or other recognised charitable purposes.

The Indian Trusts Act, 1882 principally deals with private trusts and trustees and expressly preserves public and private religious or charitable endowments from its operation. Consequently, public charitable trusts cannot be understood solely by reference to the Indian Trusts Act.

Religious, Testamentary and Family Trusts

A religious trust is established for religious purposes and may be governed by special State legislation or principles of personal law depending on its character. 

A testamentary trust is created through a Will and comes into operation after the death of the testator. It is particularly useful where assets are intended to be managed over a period of time rather than distributed outright.

A family trust may be created during the settlor's lifetime to manage houses, investments, shares or other assets for family members. It can provide continuity and a structured mechanism for succession.

Trusts can also be classified as revocable or irrevocable, specific or discretionary and express or constructive, each having different legal and tax consequences.

The Trust Deed: The Foundation Document

A well-drafted trust deed is the foundation of a trust. It should identify the settlor, trustees, trust property and objects and prescribe the powers and duties of trustees.

It should also address appointment and removal of trustees, resignation, succession, meetings, quorum, banking, investment, accounts, audit, conflicts of interest, amendment of the deed and dissolution.

In a charitable trust, particular care is required in drafting the objects, application of income, related-party transactions and dissolution clause. Charitable assets cannot ordinarily be treated as the personal property of trustees.

Registration: One Trust, Several Regulatory Requirements

There is no single universal registration mechanism for every type of trust in India. The applicable authority depends upon the nature of the trust, the State law and the property involved.

Where registration of a trust instrument is required, particularly in relation to immovable property, the Registration Department/Sub-Registrar assumes importance. This, however, is distinct from registration under the Income-tax Act.

A charitable or religious trust seeking income-tax exemption generally has to comply with the Section 12AB regime. Approval under Section 80G, where available, provides eligible donors with tax benefits subject to statutory conditions. Foreign contributions are separately regulated under the Foreign Contribution (Regulation) Act, 2010 (FCRA).

Thus, trust registration, PAN, 12AB, 80G and FCRA are different legal compliances and should not be confused with one another.

Duties of Trustees

A trustee occupies a fiduciary position. Trust property cannot be treated as the trustee's personal asset. Trustees must administer the trust according to its instrument and applicable law, protect trust property, maintain accounts, exercise reasonable care, avoid improper personal benefit and act in accordance with the interests of the beneficiaries or the trust objects.

A trustee's powers are therefore accompanied by corresponding fiduciary obligations.

Jurisdiction: More Than One Authority May Be Involved

Trust disputes and regulatory matters may involve different jurisdictions. The Sub-Registrar may have jurisdiction concerning registration of an instrument or property. The Income-tax authorities deal with tax registration and exemption. Civil courts may determine disputes concerning trust property, beneficiaries or trustees, while special statutory authorities may have jurisdiction over particular religious or charitable institutions.

Therefore, the place where a trust is created, where its property is situated, where it is registered, where it is assessed for tax and where litigation may be instituted need not necessarily be the same.

Trust, Society or Section 8 Company?

A trust is generally trustee-centric, a society is broadly member-centric, while a Section 8 company has a corporate structure governed by the Companies Act, 2013.

A trust may be preferable for family succession or a relatively stable charitable institution. A society may be more appropriate where democratic participation by members is important. A Section 8 company may suit a larger institution requiring a formal corporate governance structure.

The choice should therefore be based not merely on ease of registration but on the organisation's objects, governance, funding, property, taxation and long-term plans.

Advantages and Limitations

Trusts offer important advantages: continuity, structured succession, professional management of assets, protection of vulnerable beneficiaries and a recognised framework for charitable activity. Eligible charitable trusts may also access tax exemptions and donor benefits subject to statutory compliance.

But a trust is not a shortcut to tax exemption or unrestricted control over property. Poorly drafted deeds can generate disputes; charitable trusts face continuing compliance requirements; trustees carry fiduciary responsibilities; and charitable assets cannot ordinarily be distributed for private benefit.

The Legal Takeaway

A trust is fundamentally about confidence, responsibility and dedicated property. Whether created for a family or for the public, its effectiveness depends on the precision of its deed, the integrity of its trustees and compliance with the applicable legal framework.

For practitioners and institutions in Telangana, the correct approach is to examine the trust deed, registration law, applicable State legislation, Income-tax Act, FCRA and sector-specific laws together. The right question is not merely, “How do I register a trust?” but rather, “What type of trust is appropriate, what legal regime governs it and how should its property, governance and tax obligations be structured?”

A carefully designed trust can become a durable legal vehicle for wealth succession, social welfare and public purpose but only when its legal architecture is sound from the beginning.

 

MEDIA PRAXIS AND THE BHAGAVAD GITA

Author: Dr Suman Kumar Kasturi

Prime Pages (an imprint of Nexus Publishing House), 2026
Foreword by Prof K. Mani (Swami Shankarananda);
Afterword by Prof Chinnaswamy Pichandi

Dr Suman Kumar Kasturi, an Air Veteran and feature writer, offers a refreshingly original reading of the Bhagavad Gita through the lens of communication theory and public relations in this book. Blending his wartime experience while serving in the Indian Air Force (including service during the Kargil recapture at Bathinda) with academic rigour from his rich qualifications, including a PhD, Dr Suman argues that Krishna’s discourse to Arjuna is not merely spiritual philosophy but a masterclass in ethical, context-sensitive communication that can guide media practitioners, PR professionals and leaders today.

It is organised into four parts:

1. The Breaking Zone (6 chapters) – sets up the conflict and shows how communication can resolve it.
2. The Apex (6 chapters) – correlates Gita teachings with media and PR models.
3. The Exit (6 chapters) – explores contemporary applications and contextual relevance of the Gita for righteous media.
4. The Conclusion – distils the essential communication principles from the Gita, alongside formal back matter.

Dr Suman introduces the three classic models of communication, viz., transmission, interaction and transaction and maps them onto the Krishna–Arjuna dialogue. He frames Gita as a two-way process: Krishna’s role (dominant) resembles feedforward (guidance, vision) while Arjuna’s (minimal but crucial) mirrors feedback (doubt, clarification and surrender).

Key Contributions Found

Warfare and Communication: Drawing on his Air Force background, Dr Suman analyses the Gita through the six phases of warfare, showing how each stage demands specific communicative strategies, i.e., clarity, empathy, persuasion and relationship-building.

PR Principles from the Gita: The book highlights how Krishna embodies transparency, ethical persuasion, responsiveness, and contextual awareness, i.e., core tenets of modern public relations.

Media Ethics: The afterword by Prof Pichandi underscores how “good and righteous media” can dispel confusion with clarity, echoing the Gita’s call for dharmic action in public discourse.

Strengths

Innovative Interdisciplinary Lens: Bridge ancient scripture and Communication/PR theory so systematically.

Accessible Framework: The three-model approach (transmission–interaction–transaction) makes complex ideas digestible for students and practitioners.

Personal Credibility: Dr Suman’s military service, journalism experience and academic mentors lend authenticity to his “warrior-scholar” perspective.

Limitations

The heavy reliance on the warfare metaphor may not resonate with all readers, especially those seeking a purely spiritual or philosophical reading.

Some correlations between Gita verses and PR models feel interpretive rather than empirically grounded.

Opinion

Media Praxis and the Bhagavad Gita is a timely, thought-provoking work that repositions the Gita as a handbook for ethical communication in the media age. It will appeal to Scholars of media studies, Journalists, PR professionals, Managers and anyone interested in applying timeless wisdom to modern challenges of misinformation, polarization and leadership.

The book contains layers of insight about ethics, communication, leadership or the Gita’s relevance that become clear only when readers interpret thoughtfully, not just skim the words.

As Prof Mani notes in the foreword, the book “unites philosophy, psychology and ethics through the power of communication”, a rare and valuable synthesis.

Review

Y Babji, Editor, Public Relatins Voice

 

 

Homestay in Telangana:

When a Residential House Can Become Tourist Accommodation

 

Advocate Y Babji,

The concept of a homestay has gained considerable popularity in Telangana with the growth of domestic tourism, weekend travel and demand for accommodation that is more personal and home-like than a conventional hotel. However, a significant legal question arises when a residential house is used to accommodate paying guests: Does letting out rooms in a house automatically convert the premises into a commercial establishment? The answer is no. But equally, every paying-guest arrangement cannot be called a homestay.

The distinction is important because a homestay, a paying guest accommodation, a serviced apartment, a hostel and a hotel are not necessarily treated alike under building, planning, tourism and fire-safety regulations.

Under the Telangana Tourism Homestay Guidelines, a homestay is essentially a form of tourist accommodation in a residential premise where the owner and family continue to physically reside. The underlying idea is that the visitor is staying in a genuine home rather than in a building established exclusively for commercial lodging. The concept therefore combines residential occupation by the owner with limited accommodation for tourists.

This is the first and most important distinction between a genuine homestay and a commercial lodging establishment. A person cannot simply take an independent residential building, vacate it and rent all its rooms to tourists and then describe the property as a "homestay". If the owner or promoter does not reside in the premises, the arrangement falls outside the basic concept of the Telangana Tourism Homestay scheme.

The Telangana Tourism Guidelines also place limits on the scale of a homestay. The scheme contemplates a limited number of lettable rooms and provides for a maximum of five lettable rooms and ten beds. These limitations are significant because they demonstrate that the Government does not intend a large hotel or boarding establishment to operate under the relatively lighter framework applicable to a family home receiving a limited number of tourists.

Thus, the character of the activity depends not merely on what the owner calls it but on what actually happens in the premises.

A second important point is that homestay registration under the Tourism Department is not a substitute for building permission from the local authority. The owner must still comply with the applicable municipal and building regulations. The Tourism Guidelines themselves require documents relating to the building and its approval by the competent local authority. Consequently, registration as a homestay cannot be used to regularise an unauthorised building or an unauthorised change of use.

This distinction is particularly relevant in Hyderabad and other urban areas governed by the Telangana building regulations. A residential building is sanctioned for a particular use. If the building is subsequently converted into a hotel, lodge, large paying guest establishment or commercial serviced apartment facility, the question of change of use and compliance with planning regulations arises independently of any tourism registration.

For example, suppose a house is sanctioned as an ordinary residential building. The owner lives there with the family and lets out two or three rooms to tourists while continuing to occupy the premises. Subject to compliance with the Telangana Tourism Homestay Guidelines and local building requirements, this may qualify as a genuine homestay.

The situation would be quite different if the owner vacates the house, divides it into numerous rooms, installs common facilities, advertises it as accommodation and rents the rooms to unrelated persons on a continuous commercial basis. Calling such an establishment a "homestay" does not automatically make it one. Depending upon the actual circumstances, it may be treated as a paying guest establishment, hostel, lodging establishment or another form of commercial accommodation.

This brings us to another important distinction: a homestay is not the same thing as a paying guest accommodation. In a traditional paying guest arrangement, the property may be occupied by students, employees or other persons who pay for accommodation, often for longer periods. The owner may or may not reside in the premises. The Telangana Tourism Homestay Guidelines specifically distinguish their homestay scheme from such arrangements.

Similarly, a serviced apartment cannot automatically be classified as a homestay merely because each unit contains a kitchen, bedroom and living area resembling a residential apartment. When apartments are operated systematically as short-term accommodation for paying customers as a business, the nature of the use may be commercial or lodging-related even though the physical design resembles a residence.

The distinction has practical consequences for parking. A genuine residential house is subject to residential parking requirements applicable to its sanctioned use. A hotel or other non-residential commercial establishment can attract substantially higher parking requirements. Under the Telangana Building Rules framework, hotels, restaurants, lodges and other specified non-residential buildings are subject to the applicable non-residential parking norms. Therefore, an owner cannot necessarily avoid commercial parking requirements simply by calling a commercial lodging operation a homestay.

Fire safety is another area where care is required. It would be incorrect to assume that every homestay automatically requires exactly the same fire-safety infrastructure as a large hotel. At the same time, it would also be wrong to assume that calling a building a homestay completely removes fire-safety obligations. The applicable requirements depend upon factors such as the nature of occupancy, building height, built-up area, occupant load and the applicable Fire Services regulations. Where the building or activity falls within the relevant fire-safety categories, the necessary approvals and safety measures have to be obtained.

The Tourism Homestay Guidelines themselves contemplate guest safety and require information relating to fire-fighting equipment and other safety arrangements. A responsible homestay operator should therefore treat fire safety as a substantive obligation rather than merely a paperwork requirement.

Another misconception is that obtaining a trade licence, GST registration or tourism registration automatically authorises the building use. These are different regulatory matters. A tourism registration identifies and regulates the accommodation activity from the tourism perspective. Municipal building permission determines whether the building is legally constructed and whether the proposed use is permissible. Fire authorities examine fire and life-safety compliance where applicable. Land-use and zoning regulations determine whether the proposed activity is permissible at that location.

Therefore, the legal position can be understood as a chain: the land must permit the activity; the building must have valid sanction; the sanctioned use must be compatible with the proposed activity; the building must satisfy applicable parking and safety requirements; and the operator must obtain the necessary business or tourism registration.

The concept of homestay is valuable because it provides an opportunity for homeowners to participate in tourism without converting every residential neighbourhood into a hotel district. At the same time, the scheme should not become a mechanism for circumventing building regulations, parking requirements, fire-safety standards or zoning restrictions.

The real test, therefore, is not the name displayed on the property's signboard or the description used in an online booking platform. The real test is the substance of the activity. Is the owner actually living in the house? How many rooms are being offered? How many beds are provided? Who are the occupants? Are they tourists or long-term residents? Is the property being operated as a family home with limited guest accommodation or as a dedicated commercial lodging establishment? What does the sanctioned building plan say? What does the applicable zoning permit?

These questions are far more important than whether the operator calls the premises a "homestay", "guest house", "PG" or "serviced apartment".

The growing popularity of homestays is a positive development for tourism and local entrepreneurship. But their sustainable growth depends upon maintaining the distinction between a home that welcomes guests and a commercial lodging establishment operating under the label of a home. When that distinction is respected, homestays can provide visitors with an authentic local experience while enabling homeowners to participate in Telangana's expanding tourism economy without compromising urban planning, parking, building safety and neighbourhood interests.

In short, Telangana's Homestay Guidelines effective from 26^th July 2016 are designed to encourage small-scale, owner-occupied tourist accommodation, not to provide a route for converting an entire residential building into a hotel, PG or serviced apartment establishment without complying with the applicable municipal, planning, parking and safety regulations.

In conclusion, a genuine homestay in Telangana occupies a special position between ordinary residential occupation and commercial hotel accommodation. It is fundamentally based on a residential home in which the owner and family continue to reside while providing limited accommodation to visitors. The Tourism Department's homestay registration provides a regulatory framework for such activity, but it does not override municipal building laws or legalise an unauthorised change of use.