NYAYA PANCHAYAT: INDIGENOUS, DECENTRALISED, ACCESSIBLE, & PARTICULARISTIC MODE OF DISPUTE RESOLUTION
DOI:
https://doi.org/10.47413/vidya.v3i1.324Keywords:
Indian Legal System, Nyaya Panchayat, Indigenous, DecentralizedAbstract
Nyaya Panchayat is the most neglected aspect of the Panchayati Raj implementation in India. 73rd Amendment doesn’t even have a passing reference to this ages-long indigenous dispute resolution forum. In the formal Indian legal system, due to British-style methods, procedures and practices of court, getting justice becomes an expensive, long-term and cumbersome process. It is only the institution of Nyaya Panchayat that can provide quick and cheap justice to the poor villagers at the doorstep and can create a situation where the geographical and mental distance between the institutions of justice and the villagers is reduced. A formal court of law far away from the village also leaves room for false evidence. It is only natural that the members sitting in the local Nyaya Panchayat who are familiar with the local customs, systems, customs, attitudes, values, and details, can compare the evidence realistically and fairly. Nyaya Panchayats as an institution has the potential to reshape our legal culture by making it more ‘people-oriented’.
References
Jinabhai Darji Committee Report (Page No. 221) as cited in Post-73rd Constitutional Amendment Panchayati Raj in India by Ramesh M. Shah & Dr. Baldev Agja (Ahmedabad: University Granth Nirman Board)
Comaroff, John. and Simon Roberts. (1986). Rules and Processes: The Cultural Logic of Dispute in an African Context, University of Chicago Press, at p.13-14.
Rasiklal Parikh Committee Report (Para. 3-33) as cited in Post-73rd Constitutional Amendment Panchayati Raj in India by Ramesh M. Shah & Dr. Baldev Agja (Ahmedabad: University Granth Nirman Board)
See Chapter V, Para. 5.3 114th Report of the Law Commission of India, August 1986
Report of the Justice PN Bhagwati Committee on Judicare, Government of India, 1977
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 VIDYA - A JOURNAL OF GUJARAT UNIVERSITY
![Creative Commons License](http://i.creativecommons.org/l/by-nc-sa/4.0/88x31.png)
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.