NYAYA PANCHAYAT: INDIGENOUS, DECENTRALISED, ACCESSIBLE, & PARTICULARISTIC MODE OF DISPUTE RESOLUTION

Abstract

Nyaya Panchayat is the most neglected aspect of the Panchayati Raj implementation in India. 73^rd 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’.