NCJ Number
61175
Date Published
1979
Length
46 pages
Annotation
INDIA'S VILLAGE COURTS, OR NYAYA PANCHAYATS(NP), ARE EXAMINED AS AN EXAMPLE OF A NATIONAL ATTEMPT TO PROVIDE ACCESS TO JUSTICE FOR HUNDREDS OF MILLIONS OF VILLAGERS.
Abstract
THE NP'S EVOLVED FROM INSTITUTIONS WHICH HAVE EXISTED IN INDIA FOR THOUSANDS OF YEARS. THESE TRIBUNALS CONSIST OF FIVE OR MORE VILLAGE OR CASTE MEMBERS GATHERED TO JUDGE DISPUTES OR DETERMINE GROUP POLICY. TYPES OF NP'S AND PROCEDURES USED VARY WIDELY. IN 1959, THE INDIAN GOVERNMENT DECIDED TO PROMOTE THE ORGANIZATION AND USE OF VILLAGE PANCHAYATS, WITH THE JUDICIARY (NP) SEPARATE FROM THE EXECUTIVE. CURRENTLY, NP'S ARE ESTABLISHED FOR GROUPS OF 7 TO 10 VILLAGES EACH, OR A TOTAL OF ABOUT 15,000 PEOPLE. NP'S HAVE LIMITED CIVIL JURISDICTION AND MORE EXTENSIVE CRIMINAL JURISDICTION. PROCEDURES USED ARE SIMPLE AND FLEXIBLE. IN CONTRAST TO OTHER DISPUTE PROCESSING INSTITUTIONS, NP'S ARE HANDLING A DECLINING NUMBER OF CASES, DUE IN PART TO EXTENSIVE DELAYS AND ARREARS. THERE IS NO INFORMATION ON DISPUTE CONTENT AND QUALITY OF JUSTICE PRODUCED. SOME OFFICIAL BODIES HAVE RECENTLY RECOMMENDED ABOLISHING THE NP'S, WHILE OTHERS HAVE RECOMMENDED STRENGTHENING THEM. THEIR CURRENT WEAK POSITION MAYBE CAUSED BY ROLE AMBIGUITIES AND CONFLICTS BETWEEN THE GOALS OF INFORMALITY AND THE PRESENCE OF A BUREAUCRATIC ADMINISTRATION. NEVERTHELESS, IN THE PAST 4 YEARS THE RECONSIDERATION OF WAYS TO ACHIEVE ACCESS TO JUSTICE HAS RENEWED INTEREST IN THE NP AS A DECENTRALIZED, POPULAR ADJUDICATIVE BODY. FIGURES, TABLES, AND FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)