Nyaya Panchayat: Meaning and Function

Since the beginning of time, Nyaya Panchayats in India have been an integral part of rural dispute resolution. Panchayat republics existed in the Vedic era. The Vedic Sabha and Samiti had elected bodies with representative natures and women's voting rights. These institutions could look into the actions of kings, the sins of ministers, and the abuse of authority by the wealthy. An ancient Indian republic was a place where the powerful lived with justice and the helpless were safe.

The Vedic king, also known as Janaya, served as the people's protector, and in addition, the self-governing structures of ancient India coexisted side by side in the villages. They served as the foundation of a genuine Indian democracy.

What is Nyaya Panchayat?

The term "Nyaya Panchayat" can be defined as a group of villagers who are respected by their neighbors and have the power to provide commands to the neighborhood. And, "Nyaya" is Arabic for "justice." Even in the earlier era of Indian culture, village communities established their own panchayats, but they did so without electing any members. Instead, they appointed responsible members of the local community to serve on the panchayat.

As a result, the parties and the village community generally respect, trust, and accept the choices and disagreements that the village headman resolves. Such a person received assistance from the "Panch Parmeshwar" members of the panchayat, who were in an equal position to them.

Evolution of Nyaya Panchayat

Under British administration, the Village Courts Act, which was revised in 1920 and 1951, originally gave village governments the legal authority to carry out specific administrative and judicial duties in 1888.

• The Madras Act established two types of village courts: the first were elected panchayat courts with a minimum of five and a maximum of 15 members, and the second were courts presided over by the village "Munsif." In 1909, the Royal Commission on Decentralization suggested restoring judicial panchayats for village-level minor civil and criminal proceedings.

• The British Government of India enacted a resolution in 1915 that gave the provincial or state governments the authority to construct Nyaya Panchayats. The Bombay Village Panchayat Act was passed in 1920, and as a result, numerous panchayats were established around the nation. The Civil Justice Committee of 1924–1925 also asserted that the village system should include the panchayat's judicial function.

• As a result, some governments have established statutory Nyaya Panchayats. In independent India, the inaugural Committee on Nyaya Panchayats, presided over by G. R. Rajagopal, suggested that communities be allowed to freely elect Nyaya Panchayat members and drafted the "Nyaya Panchayat Bill of 1962."

Significance of Nyaya Panchayat

In the Indian legal system, Nyaya Panchayats have a specific purpose that is reflected in various characteristics of the organization.

• Due to the Nyaya Panchayats' ability to operate at the fundamental level of villages and districts, access to justice is very simple. Approaching a Nyaya Panchayat rather than a court is easier for the one who feels wronged.

• By removing the necessity for the complainant to pay outrageous sums of money to obtain justice, Nyaya Panchayats assist in reducing costs. The strain on civil courts is lessened by Nyaya Panchayats. As there are no judicial procedures that are tardy, Nyaya Panchayat courts have a greater case disposition rate than regular courts. An efficient judicial system must be freely accessible in a country like India, where the majority of the population lives in rural areas because not every citizen can afford to go to the urban courts.

• For the poor and disenfranchised, access to justice is still a constant issue in India. In this regard, a number of actions have been taken, including the simplification of procedural legislation, the creation of alternative dispute resolution procedures, the creation of fast-track courts, and the provision of free legal aid to the underprivileged.

Despite these steps, access to justice and quick, affordable resolution of local conflicts have not yet been realized.

Functions of Nyaya Panchayat

There are four main functions of nyaya panchayat-

• With the help of the Panchayat members, it seeks to settle minor criminal and civil problems by having the parties involved present their arguments.

• They are permitted to levy minimal penalties but not to detain people.

• Their main objective is to deliver swift, affordable justice.

• Both parties have the option of taking their case to the district or high court if they are not satisfied.

Jurisdiction for Nyaya Panchayat

Under the previous setup, the typical jurisdiction of a Nyaya Panchayat ranged from five to seven Panchayat divisions, depending on the local conditions that were required. An officer in charge, who is typically the Collector, is appointed for the purpose of defining the precise authority of such Nyaya Panchayats.

Legal authority over both civil and criminal matters is granted to a Nyaya Panchayat. Its civil jurisdiction includes actions for damages, actions for specified moveable property whose value does not exceed the statutory limit, actions for breach of such contracts where no immovable property is involved, and actions for wrongful gain or injury to movable property. Its criminal jurisdiction includes offenses listed in the Indian Penal Code of 1860, such as stealing, insulting a woman's modesty, trespassing, damaging public property, mischief, etc. The Prevention of Cruelty to Animals Act, the Primary Education Act, the Public Gambling Act, and other laws are also handled by the Nyaya Panchayats. Which offenses will be tried in Nyaya Panchayats is up to the state government's discretion.

Conclusion

The Gram Nyayalayas Act's preamble states that every person should have access to justice at their doorstep and that no one should be denied the chance to do so. Despite the numerous obstacles and flaws in the current structure of Indian village courts, they play a positive role in giving the poor access to justice and interacting with socially excluded groups. It might shorten the time that higher-level cases are pending. However, changes must be made to the organizational and jurisdictional features of Gram Nyayalayas in order to accomplish the stated goals.

FAQs

Q1. Which Article of the Constitution of India describes the establishment of “Nyaya Panchayats”?

Ans. Article 39A of the Indian Constitution, which mandates that the state establish a judicial system that promotes justice based on equal chances for all citizens, was added by the 42 Constitutional Amendment Act.

Q2. What is the difference between Nyaya Panchayat and Lok Adalat?

Ans. A panchayat is traditional court system that was created to hear cases of both a civil and criminal nature. While Lok Adalat is not a full-fledged court, it is an institution for resolving conflicts through conciliation. It gathers and takes evidence and renders a verdict on the issue before it.

Q3. In which states Nyaya Panchayat is practiced?

Ans. Following are the major states where nyaya panchayat is practiced:

• Bihar,

• Chhattisgarh,

• Himachal Pradesh,

• Madhya Pradesh,

• Punjab,

• Uttar Pradesh,

• Uttarakhand, etc.

These states have already made provisions for establishing village courts.

Q4. What are the Three Types of Panchayat?

Ans. The Panchayat system includes Gram Panchayats, which are groups of villages; Block Panchayats; and District Panchayats (District Council or Zilla Parishad). A system of village governance known as panchayati raj allows each community to manage its own affairs.