Establishment of Nyaya Panchayat in Uttar Pradesh and other States in India and its Progress
Aside from the statistical breakdown of disputed matters into the categories of “civil” and “criminal”, neither the fourteenth Report of Law commission nor the 1962 study Team Report give us information relating to those two dimensions. But to comprehend NP we need to know about the types of disputes that reach them, the nature of their adjudicatory processes, and the outcome they arrive at. An understanding of the interrelation of NP on the one hand and communities dispute processing institutions on the other is inconceivable without the detail grasp of the nature of disputes, sanctions and incentives entailed in the functioning of NP.[9] Concern with the quality of justice administered by the NP system has been confined mainly to a theoretical and structural level. As against considerable attention given to the issues of constitution of NP or training programme for the nyaya panchas, existing literature does not probe the justice qualities of NP’s functioning. We have no systematic data, e.g. on “impartiality” in hearing and disposal of cases, equality in implementation (regardless of socio-economic status of parties involved) of “fairness” of individual decisions. We have reason to think that substantial time lags do occur in disposal of cases; post judgment conciliation does raise doubt concerning the justice of specific outcomes. A recent study in UP indicates that factions within villages can influence the NP substantially in favour of a powerful faction, at the expenses of justice values. Concern for the justice qualities of NP led the Law Commission in its fourteenth Report to suggest short term training program for nyaya panchas.Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 [19] 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36
Michael77 comment`s:
Whether in Wikipedia, there are still where I have noticed almost the same information, but anyway thanks
08.03.2010
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