Wednesday, February 25, 2015

Nyaya Panchayats, Gram Nyayalaya & Lok Adalats

There's a draft bill on nyaya panchayat of 2010 but the gram nyayala act has already been passed in 2008;
1) I am not understanding why a bill for nyaya panchayat was created if gram nyayalas exist....
2) Is there a difference between them?
3) How do they differ from lok adalats?
There's a clash of jurisdiction, so am unable to clearly understand the individual utility of the three law enforcing agencies.
Regarding the dispute redressal mechanism the organs are different for the different purposes. Panchayats are different with nyayakayas as they hv the power of deciding the disputes which can be appealed in the higher legal forums.

Sir, so the cases taken up in nyaya panchayat cannot be appealed in higher courts? I read that lok adalat cases can't be appealed in higher courts as the resolution of dispute is done on consent so they can't appeal...but why not for nyaya panchayat?
The very purpose of such devolution is to decide the petty cases in the local level itself.  So that the pressure on the existing legal system is reduced.

I just still don't get why two different institution with the same purpose...they might as well increase the number of judges in gram nyayalas than create nyaya panchayats.
In certain cases where there is no agreement between the aggrieved parties this don't work. It is basically for the people who are willing to adhere to the dictates of grams panchayats.

If nyaya panchayat is also based on agreement between the aggrieved parties, how's it different from lok adalat sir?
lok adalats generally deal with petty offences. These lok adalats mainly deals with pre-litigations. that means a matter has potential to undergo the court process but bcoz of its nature of petty things and also the courts are overburdened. this means lok adalat is not a complete court process. its a process before undergoing the lengthy court procedure. so that if party comes for compromise , then it’s a win-win situation for party, opposite party as well as the courts.

Yes ma'am....I am just not clear about the difference between lok adalat, nyaya panchayat n gram nyayalayas...
no need to confuse... both lok adalat and nyaya panchayats are same. the concept is same . an alternate dispute resolution thats it. basically lok adalats were very new for us... and in infant stage of experience. now that the government wants to institutionalise the nyaya panchayats or lok adalats are whatever at the rural areas also.

Nyaya Panchayats: Government proposes to establish Nyaya Panchayats in every Gram Panchayat or a cluster of Gram Panchayats, for providing a system of fair and speedy justice, both civil and criminal, to the citizens at their doorsteps, outside the formal judicial system. The Nyaya Panchayats are proposed to be constituted through the election of the Nyaya Panchas by people residing in the area to which the jurisdiction of the Nyaya Panchayats extends. Provisions are proposed for the reservation for women, Scheduled Castes and Scheduled Tribes to ensure their representation in the Nyaya Panchayats. The Draft Bill defines the civil, criminal and additional jurisdiction of Nyaya Panchayats. In the Draft Bill, conciliation is proposed as a primary means of dispute resolution. Further, Nyaya Sahayaks, who will assist the Nyaya Panchayat in performing their function of dispute resolution, have been proposed. Nyaya Panchayats are proposed as separate and independent dispute resolution bodies, distinct from the Gram Panchayats.
The draft Nyaya Panchayat (NP) Bill was circulated to Ministry of Law & Justice, several other Ministries/ Departments and all States/UTs. Based on comments received, some modifications were made in the Draft Bill. The Draft NP Bill is again being circulated for inter-ministerial consultations.
The above information was given by the Minister of Panchayati Raj Shri V. Kishore Chandra Deo in a written reply in the Rajya Sabha.

Lok Adalat: It is a system of alternative dispute resolution developed in India. It roughly means "People's court".
India has had a long history of resolving disputes through the mediation of village elders. The system of Lok Adalats is based on the principles of the Panch Parmeshwar of Gram Panchayats which were also proposed by Mahatma Gandhi.
The idea of Lok Adalat was mainly advocated by Justice P.N. Bhagwati, a former Chief Justice of India. Lok Adalat is a non-adversarial system, whereby mock courts (called Lok Adalats) are held by the State Authority, District Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee, or Taluk Legal Services Committee.
They are held periodically for exercising such jurisdiction as they determine. These are usually presided over by retired judges, social activists, or other members of the legal profession.
The Lok Adalats can deal with all Civil Cases, Matrimonial Disputes, Land Disputes, Partition/Property Disputes, Labour Disputes etc., and compoundable criminal Cases. The first Lok Adalat was held on March 14, 1982 in Gujarat.

Ma'am but what do you mean by "Lok adalat is not a complete court process"- the fact that its outside the formal judicial system?
its a PRE-litigation process. if the parties compromises at that stage they need not to undergo the time and resource consuming litigation process.

Also if you can elucidate the difference b/w Adversarial and Non-Adversarial jurisdiction. Ma'am just for the sake of knowing- its a supplementary question posed as a response to Deva sir's comment on Lok Adalat. he said "...Lok Adalat is a non-adversarial system..."

generally adversarial form of legal system is the conventional court process and structure. like two opposite parties will be represented by two lawyers in front of judge.. non adversarial is you are going out of the conventional process to reduce the complexities. no lawyers nothing. just two parties come for compromise in front of a neutral person thats it.

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