ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Naya Panchayat- A Rural Jurisdiction(civil & minor criminal) in India

Updated on June 8, 2015

Judicial System

Naya Panchayat -A Description

Naya Panchayat is about Judicial Panchayat(Judicial Self Government) in India in some of the states like West Bengal, Bihar, Gujrat , Himachal Pradesh , Jammu & Kashmir, Madhya Pradesh , Rajasthan ,Maharastra, Uttar Pradesh and Tripura. This is a jurisdiction to solve urban disputes of less importance subjects.This type of organization has been formed with a view to giving justice to the villagers only for a few cents.This has not been formed in some states like Andhra Pradesh,Asam,Orissa and Hariyana.There are no provisions of Naya Panchayat in the Panchayat Law of Kerala ,Karnatak and Tamil Nadu.

Structure of Naya Panchayat:-

According to Article no 51 ,Naya Panchayat will be formed with five members in total.They will be called Judges.Among them, one will be selected as the Chief Judge.A member of Gram Panchayat,Panchayat Samity, Zila Parishad or Municipality can not be eligible for the post of Judge in Naya Panchayat.They grant the cases of civil and criminal cases of less important subjects.Law yer has no role in Naya Panchayat.Attendance of at least three members is must.After lodging a complaint ,Naya Panchayat will consider whether the case is judge-able and send a summons to the opponent and instruct him to show cause orally or in written format.There is no any kind of process to appeal against the decision of the Naya Panchayat.But justice should be maintained.

In cases where 250 rupees or less amount is related ,Naya Panchayat solves these cases.

Civil or Dewani:-

collecting Money(Dollar) of contract,taking back property and competency for that,returning the mobile property,are under this group.


Reconsideration:-

Naya Panchayat will serve the final decision in this regard.If someone appeal to the Munsef of that region,Munsef can order to reconsider the case.


Criminal or Fauzdari cases:-

Tresspassing of cattles,cases relating to fine of 50 rupees or less amount.The difference between Court and Naya Panchayat is that Naya Panchayat can not punish a party direct to jail with work or without work.


Role - It has a great role in rural self government.Over increasing pressure of courts has been reduced.Expendable and time wasting system of judgement becomes easy .Naya Panchayat makes compromises between two rivalries.Peace is sustained.The farmer of that village can farm his field without wasting time.He can attend the meeting and farm his land.Simple men of a village will judge a case and consequently justice is generally maintained.The judge ,the opponent and the charger are inhabitants of the same village.They will certainly make a fair decision compromising each other.

alltogether

Source

Nyaya Panchayat in Wikipedia


114th law commission report

The Law Commission, in its August 1986 (Chapter V para. 5.3) indicating that nyaya panchayats made precisely this point, observing that “Article 39A of the Constitution of India directs the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by economic or other disabilities. This is the constitutional imperative. Denial of justice on the grounds of economic and other disabilities is in nutshell referred to what has been known as problematic access to law. The Constitution now commands us to remove impediments to access to justice in a systematic manner. All agencies of the Government are now under a fundamental obligation to enhance access to justice. Article 40 which directs the State to take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government, has to be appreciated afresh in the light of the mandate of the new article 39A.”the law even says that there should not be khap panchayat

-,Nyaya_Panchayat

Truly Needed

Necessity is the mother of invention.This is true to here.In a country like India this type of jurisdiction is compulsory.Birth rate is increasing(now a part of people have become aware ,they are helping to stop the over increasing rate of birth).But the official and judicial faculty have not been increased proportionally.So here in India Naya Panchayat (an urban system of jurisdiction) is necessary.This judicial system was established under Village Court Act 1888.Since independence, almost all States have received Village Panchayat Acts cordially and made provisions to build statutory nyaya panchayat legislation. The village Panchayat and nyaya panchayat are working together to the development of a village.Village Panchayat is working as the executive whether Naya Panchayat is executing the judicial performances.

Opine

Do you think that rural people receive justice in this type of urban jurisdiction?

  • 0% No
  • 0% Yes
0 people have voted in this poll.

This poll is now closed to voting.

What do you say?

    0 of 8192 characters used
    Post Comment

    No comments yet.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)