SYSTEM OF PANCHAYAT COURTS IN DISARRAY

SYSTEM OF PANCHAYAT COURTS IN DISARRAY

19-AUG-ENG 14

RAJIV NAYAN AGRAWAL

ARA---------------------------The system of Panchayat courts has been established in panchayats with the aim of providing accessible justice to people within their own villages. *Nyaya Mitras* (legal assistants) have been appointed to assist *Sarpanchs* and *Panchs* in legal matters; a law degree is a mandatory qualification for this role. However, complaints have emerged regarding the irregular attendance of *Nyaya Mitras* at several Panchayat courts across the district, including in the Barhara block. This raises questions about the government's intent to deliver justice at the panchayat level.

*Nyaya Mitras* are required to visit Panchayat courts daily to ensure that cases brought by villagers are resolved in accordance with the rules. They provide legal advice to *Sarpanchs* and *Panchs* to determine whether a case presented before the *Gram Kachhari* (village court) falls within their jurisdiction under Sections 106, 110, 111, and 113 of the Act.

Additionally, *Nyaya Mitras* advise on whether a filed case is maintainable and whether a bench of the *Gram Kachhari* can take cognizance of it. However, the situation on the ground appears to be different; it is alleged that *Nyaya Mitras* rarely, if ever, visit the Panchayat courts.

The *Sarpanch* of East Gundi in Barhara block has submitted a formal complaint to the District Panchayati Raj Officer against the *Nyaya Mitra* assigned to his panchayat. The complaint alleges that the *Nyaya Mitra* does not attend the *Gram Kachhari*, thereby disrupting operations.

The *Sarpanch* further alleges that he is threatened with legal action under the SC/ST Act if he records the *Nyaya Mitra's* absence. According to the *Sarpanch*, he is pressured regarding the recording of absences. He has also informed the Chief Judicial Magistrate at the Civil Court in Ara about the matter, citing a threat to his life and providing full details.

Locally, it is alleged that there is a mutual understanding between most *Sarpanchs* and *Nyaya Mitras*. It is alleged that *Nyaya Mitras* (legal facilitators) offer inducements to *Sarpanchs* to avoid attending the *Gram Kachhari* (village court); however, these allegations have not been independently verified.

The failure of *Nyaya Mitras* to attend panchayat courts on scheduled days is reportedly undermining the system designed to deliver justice at the panchayat level. Instead of approaching panchayat courts with their grievances, villagers are turning directly to police stations or civil courts.

Panchayat courts were established to resolve minor disputes and alleviate the litigation burden on civil courts. Consequently, the lack of regular attendance by *Nyaya Mitras* threatens to disrupt this system.

On average, panchayat courts in the district receive 10 to 12 cases daily. However, the failure to reach verdicts in many cases over the years has made people reluctant to bring their disputes to these courts.

A critical question has been raised regarding *Nyaya Mitras* who simultaneously hold positions such as Additional Public Prosecutor or Notary Public. The concern is how they can ensure regular attendance at panchayat courts while fulfilling the responsibilities of these other roles.

Rules mandate that *Nyaya Mitras* attend panchayat courts daily; therefore, there is a need to verify their attendance records and the status of their work within these courts.

There are 226 panchayats in the district, all with functional panchayat courts. However, the position of *Nyaya Mitra* remains vacant in two panchayats, with no recruitment process currently underway for these roles. In contrast, *Nyaya Mitras* have been appointed in the remaining panchayats.

If *Nyaya Mitras* fail to attend panchayat courts, complaints can be lodged with the Block Panchayati Raj Officer, the District Panchayati Raj Officer, or the District Magistrate. Such complaints can be used to demand improvements in the functioning of panchayat courts and to ensure the regular attendance of *Nyaya Mitras*.