The success of lok Adalats, as an alternative dispute redressal system, can help khap panchayats re-model themselves as progressive community institutions
The khap (group of villages) panchayats as a parallel judicial system have existed since the dawn of civilisation. Even after the advent of Indian jurisprudence, village panchayats have been playing an important role in addressing contentious social issues of their region, without the intervention of the courts. lok Adalat is an innovative concept, unique to the Indian context, with regards to the justice dispensation system, based on Gandhian principles.
While panchayats are headed by orthodox elders of the clan who have no legal legitimacy, lok Adalats were given a statutory status in 1987. Unlike the panchayats, that works on the whim of a few self-proclaimed leaders for resolving disputes, lok Adalats provide free legal aid through competent, knowledgeable authorities to anyone who wants to avail a settlement outside the court. The award delivered by the lok Adalat is a final and binding on all parties involved in the dispute. And after their mutual consensus, no appeal shall lie in any court against the verdict. However, in case no settlement is reached, the case can be sent to the court.
Recently, lok Adalats have set a world record of amicably settling 1.25 crore disputes in one day. The people affected are happy because they are getting speedy justice free of cost, and often re-establishing a cordial relationship with their rivals. Another advantage is that it is accessible to even illiterates. No wonder, lok Adalats are often called the ‘People's festival of justice'.
It has been estimated that out of a huge backlog pending in different courts, nine per cent was cleared in the one-day long All-India lok Adalat or Alternative Dispute Redressal drive that was held at various courts in the country. Besides reducing the number of pending cases, citizens also received about `3,000 crore as compensation on settlements. A majority of the cases that were amicably settled included bank recoveries, cheque bounces, civil suits, accident claims, traffic violations, family matters, land acquisition and labour matters.
Ideally, both the justice delivery systems should aim at the welfare of people and society at large, but sadly, in the case of khap panchayats, this is not happening. The khaps are still following age-old archaic, regressive practices and pronouncing harsh punishments like honour killings. They go by their own yardstick of morality, with total disregard to modern-day problems. Instead of giving harsh punishments to rapists, for example, they put the onus on rape victims for not dressing decently. To stop sexual harassment, they have banned women from wearing jeans and using mobile phones.
The khap panchayats have a lot to learn from the ideology and functioning of the lok Adalats. First, they have to include educated, modern people in their councils who can pronounce proper judgements. Even if the khap panchayats do not have any legal sanction, they have a positive role to play by being more transparent, apolitical and fair in their judgement. This way, they can help poor and naïve villagers from injustices.
On the other hand, politicians should also help khap panchayats remain socially relevant, and should not use them as vote banks. Surprisingly, Haryana Chief Minister Manohar Khattar has also come out in defense of khap panchayats. He is not wrong in praising their role in some areas relating to social issues but he should be more candid in condemning their autocratic and absurd morality.
If there is willingness on the part of the politicians,khaps can emerge as a boon to bring peace and harmony and ward-off communal tensions in the villages.