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Dispute Redressal for Weaker Section
The caste system, which has existed in India for close to seven decades, serves as the foundation for its social structure. The disadvantaged, or weaker segments, have experienced numerous marginalisations and exclusions as a result of this unequal power structure. Through affirmative action and reservations, the Constitution has sought to level the playing field, but it has only succeeded in producing an elite group that is educated, upwardly mobile, aggressive, and politically aware.
What is the meaning of the Weaker Section?
The phrase "weaker section" describes a group of people who are less developed than other groups of people in terms of their social, economic, and political development and who have been afflicted with a variety of disabilities as a result. The Government of India Act, 1935 describes "weaker sections" as groups or classes of people who experience untouchability, tribal ancestry, tribal way of life, or other forms of backwardness as causes of their educational and economic backwardness, as well as some areas of social life.
The benefits are also withheld from and mistreated by women, senior citizens, those with disabilities, and members of sexual minorities. The Constitution includes protections for SC/STs, underprivileged classes, and other weaker groups in society.
What is the Meaning of the Dispute Redressal?
A dispute redressal is a formalised procedure for resolving disagreements or grievances between two or more parties involved in societal, commercial, or legal connections. In order to resolve disputes, dispute processes are utilised. These methods include negotiation, mediation, conflict resolution, and conciliation. The general non-judicial character of dispute resolution mechanisms means that they do not take place in a court of law.
Dispute Redressal for the Weaker Section
According to Article 21 of the Indian Constitution, no one may be deprived of their life or personal liberty unless doing so follows a legal process. The Right to a Speedy Trial is an example of a fair, equitable, and reasonable procedure, according to the Supreme Court of India. The people in India used a sort of mediation called as Panchayat to settle conflicts before the establishment of legal courts.
Therefore, the following are the Dispute Redressal Mechanism for the weaker section −
Gram Kachahari − The Gram Kachahari is an institution for local legal redressal of the panchayat, housed in the Panchayat Sarkar Bhawan. It addresses infractions of a small nature, including abuse, theft, physical assault, drainage disputes, rent collection, damage to personal property, etc. Any lawsuit that is brought will be resolved amicably by the bench. However, the bench cannot impose a term of simple or hard imprisonment after finding a defendant guilty. The Panchayati Raj Department has also enlisted Chanakya National Law to establish a panel of at least 100 master trainers to provide training to sarpanchs, up-sarpanchs, panchs, kachahari sachivs, nyay mitras, and others in an effort to make these local courts more transparent.
Nyaya Panchayat − The Nyaya Panchayat was part of the Panchayat system, which was created to address rural issues. With the help of the Panchayat members, it seeks to settle minor criminal and civil problems by having the parties involved present their arguments. Their main objective is to deliver swift, inexpensive justice; nevertheless, they are only permitted to levy minor penalties. Both parties have the option of taking their case to the District or High Court if they are not pleased.
Lok Adalat − Lok Adalat is an old form of adjudicating system based on Gandhian principles. It is a part of the Alternative Dispute Resolution (ADR) system that offers informal, affordable, and quick justice to the general public. It was given statutory status under the Legal Services Authorities Act, 1987, which makes the award (decision) made by the Lok Adalats final and binding on all parties. The Lok Adalat has no provision for an appeal against an award, but parties can initiate litigation by filing a case. There is no court fee payable when a matter is filed in a Lok Adalat, and if a matter is settled subsequently, the court fee originally paid is also refunded. Members of the Lok Adalats have the role of statutory conciliators and cannot pressurize or coerce parties to compromise or settle cases.
Tribunal − A quasi-judicial organisation called a tribunal is created to settle disagreements in the administrative or tax fields. It carries out a variety of tasks, such as resolving conflicts, establishing the rights of disputing parties, making administrative judgements, and reviewing previously made administrative decisions. The Tribunals were created to help the courts function more efficiently, make judgements faster, and provide attorneys with an opportunity. They hear disputes pertaining to the environment, the military forces, taxes, and administrative concerns, relieving the already overloaded courts.
Conclusion
According to the Indian Constitution, no one should be subjected to discrimination on the basis of race, sex, caste, or religion. All citizens are also guaranteed equality of position and opportunity. The protection of many religions, customs, and languages in various parts of society as well as the eradication of prejudice were among the numerous issues that the Constitution's framers encountered. The Constitution's creators placed a strong emphasis on the equality concept as well as the general growth and welfare of citizens. Since the constitution became operative, several changes have been approved to strengthen the weaker sections of society.
Frequently Asked Questions
What is the mechanism in dispute redressal?
A dispute resolution mechanism is a formalised procedure for resolving disagreements or grievances between two or more parties involved in societal, commercial, or legal connections. In order to resolve disputes, dispute processes are utilised. These methods include negotiation, mediation, conflict resolution, and conciliation.
How many types of disputes are there?
There are two main categories of issues that courts deal with: criminal cases and civil cases.
What are the redressal mechanisms?
Public Interest Litigation (PIL), Lokpal, Lokayukta, and the Whistleblower Protection Act are the basic tenets of the redressal mechanism.
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