Sanjay Pal Chauhan, Ph.D. Scholar, Department of Laws, Himachal Pradesh University, Shimla, India.
ABSTRACT
In India, Panchayats have long played a crucial role in the administration of justice at the grassroots level, particularly in rural areas where formal legal systems can be inaccessible and ineffective. The tradition of informal dispute resolution through mediation has been a hallmark of these judicial panchayats, helping to resolve petty disputes that would otherwise burden the formal judicial system. In Himachal Pradesh, where a significant portion of the hill population resides in rural areas, Panchayat-level mediation serves as a vital tool for resolving everyday conflicts that are mostly related to petty matters. The location of the judicial panchyats in distant and challenging terrain areas have greatly aided in the amicable resolution of petty disputes. The extension of State justice currently based on the principles of fairness and natural justice through Gram Panchayats greatly benefits the people inhabiting the territory of Himachal Pradesh, who are by nature of peaceful disposition with little tendency towards criminality and turbulence.
However, the implementation of Panchayat-level mediation is not without its challenges. These include issues such as lack of separate forum for judicial functions, potential biases, limited legal knowledge, and pressure of settlement. Furthermore, the evolving nature of disputes, coupled with socio- economic changes in rural areas, adds complexity to the process. In the light of above background, this paper seeks to explore the development and challenges of Panchayat-level mediation in Himachal Pradesh. It examines how mediation processes have evolved within the Panchayat system, taking into account traditional dispute resolution mechanisms, legal developments, and judicial interventions. The research also addresses the critical challenges faced by this system, including inconsistent training of mediators, lack of awareness among rural communities, and occasional biases in the process. The study aims to provide insights into how Panchayat-level mediation as a form of dispute resolution can be strengthened and made more effective for the benefit of rural hill people.
Keywords: Panchayat, Mediation, Petty Cases, Resolution of Disputes, Himachal Pradesh.
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