Panchayti (Arbtaration) – A gateway to Vihar
The concept of ‘Panchayti’ has a typical PURABIA fragrance. Although one can always find a trace of Panchaayti in the soil of the Indian subcontinent but Purvanchal (Eastern India) has provided the premise for ‘Panch Parmeshwar’ (one of the most acclaimed story in Hindi) to Munsi Premchand, wepon of bycott of Birtish judicial system to Mahatma Gandhi. However, the concept of ‘Gram Kachehary’ (Village Court) was lost in the process of re-institutionalization of the concept of ‘Panchayat’ after independence. The ‘Panchayats’ (the age old tool for local self governance in the rural areas of India) was visualized as the third pillar of the governance; however, its role of ‘Panchyat’ (arbitration) got diluted in the in the mist of development. In spite of the stated fact Bihar was extremely lucky to the extent that the concept of ‘Gram Kachehary’ was a reality until the 1978 Panchayat elections. The provision was, though, a part of Bihar Panchayat Act, 1993, the elections for the ‘Gram Kathehary’ couls not take place even in the 2001 panchayat elecetions.
The conceptualization of Nyay Mitras and Nyay Sachivs in Bihar Panchayat Raj Act, 2006 was yet again an effort to re-sharpen the glory of ‘Panchyat’. The elections were held, however, the concept did not find enough buyers as many of the post for Sarpanchs & Panch remained vacant. In contrast the people in the state showed a lot of enthusiasm for the post of Zila Parishad Adhyakshs, Panchayat Samiti Member, Mukhiyas, and Panchayat members. Many reasons may be attributed to this. Nevertheless, on the basis of analysis it may be said that perhaps people under the Panchayats did not understand the importance of ‘Gram Kachehary’. If the development plans and money played an important role towards this sordid state of Gram Kachehry, the biggest reasons is lack of conception to perceive this.
A huge chunk of the state population is perhaps unable to understand and appreciate the concept of Gram Kachehary , because as the present day youth has not seen ‘Panchayti’ in action. Though Mukhiyas were still active the ‘Sarpanchs’ literally became worthless after 1980. However, it is important to note that ‘Panchayti’ in the villages was not limited to solving personal differences; it was a concept par excellence. It contributed to nation’s economic advancement and ensured healthy environment for peaceful co-existence.
It is inherent in our culture that a third person’s interference help resolve conflict between two persons in a manner that’s acceptable to both parties. One may like to imagine the kind of pressure that our judicial system will face if every petty matter is taken to the court of law. This is clear from the fact that Patna High Court has over three lakhs of cases to be disposed and the subordinate courts in the state have nearly two crore cases pending with them. Thus, the concept of Gram Kachahery automatically acquires a very significant dimension with respect to handling cases pertaining to petty disputes. Thus, given the circumstances if Gram Kachaharies start to function to its optimum potential and disposes at least one case on an average in a month, the pressure on the judicial system may be eased out to at least by nearly one lakh cases. This will automatically result in great advantage to the society and the government as the number of man days consumed in non-productive work will be cut down leading to the use of extra resources for the purpose of nation building. Further, the quality of the output of the judicial system will improve directly as a consequence to the reduced workload. The judicial laureates in the present circumstances are unable to do justice to the cases in want of time. If the workload is reduced the judicial system will have more time to probe the cases thoroughly, thereby, improving the efficiency and quality of output. Thus, we will be able to establish a healthy judicial system given the circumstance of a vibrant ‘Gram Kachehary’. Perhaps, the central government of late has realized the importance of ‘Gram Kachaharies’ as a viable solution for dealing with the tremendous work load on the present judicial system. This presents an opportunity for state like Bihar to establish and make the Gram Kachaharies functional, and spell out a strong message for the entire nation on the viability of the village court in the Indian circumstances.
It is pertinent to ask as to how it will be achieved? The Panchayat elections are already announced in the state. The contestants for the different posts are getting ready for a pitched battle. Is it not an opportunity for the government in collaboration with the NGOs, urban society and the judiciary in the state in re-establishing the age old glory of Pachayati and pave the path for those who want work on walk on Alternative Dispute Ressountion, Lok Adalat and Social Arbitaration. This will be perhaps one of the most important ways of steer ‘BIHAR’ to ‘VIHAR’.
GOOD
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