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Heed Nariman's advice on delivery of justice

Yet another thought provoking article by Gurumurtiji. In my personal opinion I do agree that ancient Indian judicial system of Panchayats was an excellent one. The problems with present judicial systems are also evident and out of question. But a message that the Panchayat system is still good and the present system is not at all good, is a bit hard to digest.

Author has raised a very practical point that if their is a problem in a remote setting, people will have to move to cities for the settlements. Decision making is a long and tedious process, and many a times in completely different environment by people having no clues of ground realities. The cost involved is high for both the sides and this adds on to the rivalry of the two parties, sometimes directly and sometimes in a more subtle way because of the worsened living conditions.

No doubt that the work done by Shi Hegde is exemplary, but the point is how many Hegde's do we have? How can one ensure that these Hegdes will continue to work selflessly like this one? And most importantly, from where will we keep on getting people of that metal, to solve the problems of the masses... for generations to come?

One may argue that juries may be corrupt too. Well I don't disagree that many of them may be, but I am not defending the present system. Corruption is a different issue, having its roots in education, social structure and environment in which child is brought up. But that is a different issue.

However, in present situations, the remedy suggested, in the concluding remarks, seems more practical. If people are made to go through a local peacemaking mechanism, many of the problems may be solved locally, in no time and cost and maintaining a somewhat better relationship between the parties. This will reduce the stress on the judiciary, and expedite the process of resolution.

But a lot of thinking is needed before the idea can be furthered to the practical life. The social structure in India is already very complex. The political environment makes it worse. Introduction of a new judicial system will worsen the identity crisis that already drives majority of the population.

So a well thought plan is needed to support this wonderful idea. We have the idea but - "Do we have a plan?"

Ashutosh

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