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This research study was conducted in the Mansi and Gogri block of Khagaria district in Bihar in 2009. In the study respondents were from this two blocks, the respondents were Elected Sarpanch and Elected Panch in the Gram Panchayat. The Study was conducted with the wise help of CENCORED, Patna in association with School of Rural Management, Orissa.For more information please mail at [email protected].
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KIIT
VILLAGE STUDY SEGMENT (MRM200810)
THEME PAPER
STUDY OF GRAM KACHAHARI IN THE MANSI
AND GOGRI BLOCK OF KHAGARIA DISTRICT IN BIHAR
HOST ORGANIZATION: CCEENNCCOORREEDD,, PPAATTNNAA
SUBMITTED TO:
Dr. Indu Sinha(CENCORED)
SUBMITTED BY: RANJEET RANJAN
SUBODH KUMAR KIIT SCHOOL OF RURAL MANAGEMENT
BHUBANESWAR, ORISSA
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ABSTRACT
The word Panchayati is in use since time immemorial for the conflict resolution at local level.
Gandhiji believed that democratic freedoms have to be founded in institutions of Self
government in every village in India. He defined traditional Panchayats; ‘village republics’,
which he called Panchayati Raj.
Today, more than 26 lakh representatives stand elected to the three levels of Panchayats. Of
these, over 10 lakh are women, 5.2 lakh belong to the Scheduled Castes and 3.3 lakh to the
Scheduled Tribes (Fifteenth Anniversary Charter on Panchayati Raj, April 2008). In Bihar during
the 2006 Panchayat Elections out of the total of 8,463 Gram Kachahari 1, 08,994 Panch have
been elected out of which 52,805 are women and out of 8,461 Sarpanch, 4,022 are women
Sarpanch. Out of these about 80% are illiterate, among them around 17% belong to SC/ST and
48.49% are women.
“Gram Kachahari” means a body consisting of persons registered in the electoral rolls comprised
within the area of Panchayat at the village level along with Nyay Mitra (LLB degree holder) and
Nyay Sachiva. Gradually Gram Kachahari is becoming one of the important means for the local
justice in the community. The absence of basic knowledge regarding the rules and the power of
the Gram Kachahari in the members is an obstacle. However the appointment of Nyay Mitra and
the Nyay Sachiva is the one step towards the improvement of the smooth functioning of the
Gram Kachahari, the training to the Sarpach and the Panch could be more effective.
The study of Gram Kachahari in the Mansi and Gogri block of Khagaria district in Bihar
included some basic objectives like ‘to explore the present situation of Gram Kachahari and
their impact on the society’ ‘to identify the constraints in respect to the Gram Kachahari’ etc.
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ACKNOWLEDGEMENT
We have immense pleasure in expressing our deep sense of gratitude, indebtness and sincere
thanks to our esteemed Reporting Officer Dr.(Smt) Indu Sinha, Director Program, Center for
Communication Resources Development, Patna, Bihar for her keen interest to guide the each
component of Village Study Segment, valuable suggestions, constant encouragement and
inspirations. We are whole-heartedly thankful to the Dr. B.K. Sinha,President,CENCORED
for providing us such platform to learn many things about non-government organization. We
are also very much thankful to the Mr. Nirbhay Anant(Project Co-ordinator, Khagaria) for
giving us guidance in adverse conditions.
Our special thanks are due to Mr. Jayant Kumar (Block co-coordinator, Mansi) CENCORED,
Mr. Rishi Prakash Gautam (Programme Consultant) and other staff members of CENCORED
for their kind co-operation during our VSS and for treating us as members of their team.
We are overwhelmed to express our deepest sense of reverence towards our director
Prof.L.K.Vaswani. We are highly grateful to our revered professors at KSRM for their
inspiration and co-operation. We have great sense of thanks to Dr. V. Venkatakrishnan
(Coordinator,VSS) for their continuous guidance during or before VSS.
We are extremely happy to reveal our special thanks to our colleagues, for their blessings,
inspiration, assistance and moral support.
Ranjeet Ranjan (8201072) Place: Patna
Subodh Kumar (8201081)
Date: 06/03/2009
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Table of Content
Abstract
Acknowledgement
1 Introduction………………………..………………………………………………….………01
1.1 Background of the Study………………..…………………………….……….01
1.2 Statement of the Problem………………..…………………….…………….....02
1.3 Objective of the Study…………………..……………..….….…………….…..03
1.4 Significance of the Study…………………..…………………..……………….03
2 Research Methodology………………..…………………..………………….………………03
2.1 Study Design……………………………………………..………………….......03
2.2 Coverage of study ………………..……………………….…………...…..…...03
2.3 Selection of sample …………………….….….………..……….........................03
2.4 Tools of Data Collection…………....…………………….……………….……04
3 Limitations of the Study ……………………………………………………..………..…..…04
4 Study findings …………….……………………………………………….………….….…..05
4.1 Procedure for the cases ………………………………………...…...……….…….05
4.2 Total Cases Filled in the Gram Kachahari. ………………………..…….……….06
4.3 Cases Caste wise…………………………..…………………………….…….…….07
4.4 Type of Cases …………………………..………………………………….……….07
4.5 Reservation …………………………..………………………………….………….08
4.6 Training …………………………..……………………………………..………….09
4.6 Social Profile of the Respondents ……………..……………..………..……….….10
4.7Comments of members of Gram Kachahari and Other Observation……..…….11
4.8 SWOT analysis and problem tree for Gram Kachahari …………………..…….12
5 Suggestions and recommendations.…………………………………………..…..………….14
6 Conclusion……………………………….…………………………………………..………..17
Bibliography, Annexure-I, Annexure-II, Annexure-III
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List of Figures and tables
Sl.No. Title Page No.
1. Cases Caste wise 07
2. Type of Cases 08
3. Educational Status of Respondents 10
4. A holistic approach for Gram Kachahari 16
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1. Introduction
1.1 Background of the Study
Panchayat System is deeply rooted in the soils of Bihar. The word Panchayati is in use since
time immemorial for the conflict resolution at local level. Gandhiji believed that democratic
freedoms have to be founded in institutions of Self government in every village in India. He
defined traditional Panchayats; ‘village republics’, which he called Panchayati Raj. Also the ray
of development will come through their own elected Panchayats which will result the active
participation and welfare of people. Long before independence, five experimental Panchayats
with Gram Kachahari was started in Bihar, by the then provincial government. Immediately after
independence, the first Act of Panchayati Raj, under the provisions of Bihar Panchayati Raj
Adhiniyam 1947 was introduced, elections were held, and Panchayats were constituted. Dr
Bhimrao Ambedkar, the father of our Constitution, provided for Village Panchayats in the State
List of the Seventh Schedule, but consistently stressed the need to incorporate reservations for
the depressed segments of our society in the structure of Panchayati Raj. The Rajiv Gandhi have
supported the reservation for the women, the objective was ‘Power to the People’ through the
Panchayats, thus making India not only the world’s biggest democracy, but also the world’s most
representative democracy.
Today, more than 26 lakh representatives stand elected to the three levels of Panchayats. Of
these, over 10 lakh are women, 5.2 lakh belong to the Scheduled Castes and 3.3 lakh to the
Scheduled Tribes (Fifteenth Anniversary Charter on Panchayati Raj, April 2008).In Bihar during
the 2006 Panchayat Elections out of the total of 8,463 Gram Kachahari 1,08,994 Panch have
been elected out of which 52,805 are women and out of 8,461 Sarpanch, 4,022 are women
Sarpanch. Out of these about 80% are illiterate, among them around 17% belong to SC/ST and
48.49% are women. The Eleventh Five year Plan, which has identified Inclusive Growth as the
overarching objective, seeks to ‘substantially empower and use PRIs as the primary means of
delivery of essential 3 services that are critical to inclusive growth.’ The Plan asserts that ‘it is
absolutely critical for the inclusiveness of our growth process that these large numbers of elected
representatives in our PRIs are fully involved in planning, implementing and supervising the
delivery of essential public services.’
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Panchayat Institutions are the vehicles of political empowerment of people at the grass root level
for shaping their own destiny. A vast majority of people are living at the grass root level in the
rural and remote areas without any touch of modern day. A large section of such deprived people
belong to Scheduled castes, Scheduled tribes and other Backward casts as also women in general
at the grass root level.
The 73rd Constitutional Amendment (1993) had wide-ranging provisions (election after every 5
years and 33% reservation for the women, well defined Gram Shaba) was made but elections
couldn’t take place before 2001. In comparison the present Bihar Panchayati Raj Act 2006, is
unique in many ways. It has ensured 50% reservation for women in all the categories. 20%
reservation has been given to Annexure- I (of act) category of Backward Community. The
provision of Gram Kachahari has also become a part of the Act.
“Gram Kachahari” means a body consisting of persons registered in the electoral rolls comprised
within the area of Panchayat at the village level along with Nyay Mitra(LLB degree holder) and
Nyay Sachiva. In the Panchayati Raj System Gram Kachahari is the unit which deals some
limited civil and criminal cases(under Act 140, 142, 143, 145,147, 151, 153, 160, 172, 174, 178,
179, 269, 277, 283, 285, 286, 289, 290, 294, 294A, 323, 334, 336, 341, 352, 356, 357, 358, 374,
403, 426, 428, 430, 447, 448, 502, 504, 506, 510). Duration of Sarpach and other members
continue for 5 years only from the date appointed for the first meeting.
1.2 Statement of the problem
Though the state had made remarkable progress for the development of Gram Kachahari (like
appointment of Nyay Mitra and Nyay Sachiva) there is wide range of points where the Gram
Kachahari is waiting for the attention of government and the policymakers. In the last two and
half year the Gram Kachahari has already established their own impact on the society and it is in
the way for which it was made. The absence of basic knowledge regarding the rules and the
power of the Gram Kachahari in the members is an obstacle in the process. The appointment of
Nyay Mitra and the Nyay Sachiva is the one step towards the improvement of the smooth
functioning of the Gram Kachahari, the training to the Sarpach and the Panch could be more
effective.
3
1.3 Objective of the Study
1) To explore the present situation of Gram Kachahari and their impact on the society.
2) To identify the constraints in respect to the Gram Kachahari.
3) To get the views of members of the Gram Kachahari.
4) To find out the reason why the Gram Kachahari is important.
5) To discover the scope of Gram Kachahari.
6) To suggest measures to accelerate the process of empowerment and effectiveness of elected
members of Gram Kachahari in Bihar.
2. Methodology
2.1 Study Design
The study of Gram Kachahari in the Mansi and Gogri block of Khagria district in Bihar is based
on primary data collection from the field and the secondary data collection from various sources.
The data included all primary data related to the Gram Kachahari gathered from the tools of data
collection. The secondary data also used for the study to understand the background of the Gram
Panchayat. Both data are used for the analysis of the study.
2.2 Coverage of study
We stratified 10 out of 31 Gram Kachahari in the Mansi and Gogri block for survey to find out
the situation of the Gram Kachahari and practices they are doing at present.
2.3 Selection of sample
• The sampling was made randomly.
• We have used structured questionnaire to took the informationby the Sarpach of every
selected Gram Kachahari.
• We have identified 3-4 panch from Gram Kachahari and took the information on the basis
of structured questionnaire.
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2.3 Tools of data collection
Entire study is based on the data obtained through primary and secondary sources. To assimilate
this information different tools helped us. The methods, adopted for this study are as follows-
• Focus Group Discussion: For getting a good idea about the status of Gram Kachahari in
respective Panchayat (of Gogri and Mansi block), focus group discussion was used. In
the first discussion was arranged with the members of Gram Kachahari. Discussion
included about the number of cases, type of cases, and their views on the reservation in
Gram Kachahari etc. In the second time Nyay Mitra and Nyay Sschiva were participated
in discussion. We have also focuses these discussions on the perspective of social justice
of Gram Kachahari.
• Direct observations: Visits to the Gram Kachahari during their scheduled meetings had
given the brief idea about their real functioning. The observation included the behaviour
and comments of key people. Case Studies also used to get better understanding the real
situation of the cases.
• Structured Questionnaire: We have used a structured close ended questionnaire for
getting the information from the Sarpach and panch. The participants had given their own
views in the connection with the self survey and self evaluation of the Gram Kachahari.
• Open Ended Question: We have used to ask to give some special comments regarding
the overall activity of Gram Kachahari. They gave information about various things like
the urgent needs of Gram Kachahari, their own understanding of Gram Kachahari,
importance of women in the Gram Kachahari etc.
3 Limitations of the Study
Do the findings from our sample of 10 Gram Kachahari apply to the current number of 8,463?
How representative are they of the country as a whole? We cannot claim 'statistical' confidence,
nor would we try to in the context of the numbers across state. We were aiming at quantitative
coverage but also depth of qualitative analysis, encompassing all the issues related to the Gram
Kachahari.
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4 Study findings
4.1 Procedure for the cases
Application (by wadi) (petitioner)
Recording
(In the Register of Gk by Nyay Sachiva)
Notice (to Pratiwadi) (accused)
Meeting on fixed date
Hearing
Final Decision
Copy of Final decision (optional)
In the past clan heads and religious heads played an important role in the justice system in
societies. However, some sections of societies feel that in the modern era, such blind faith on
individuals may not be prudent and thus in present time Gram Kachahari are the best substitute
for that. As per our traditional dispute resolution process, all the villagers meet at a common
place in the village and invite the parties involved in the dispute to present their case. Generally
all the Gram Kachahari of study area is using the same procedure for the successful solution of
the cases. The Sarpanch with the other members of Gram Kachahari first tries to solve the case
orally if possible otherwise asks for a written application consisting all the details regarding the
case with the signature or thumb impression of the wadi. Then the Nyay Sachiva records the case
in the register of the Gram Kachahari and sends a notice to the pratiwadi after the discussion
with the Sarpanch. He also asks to the wadi to be present on a fixed date (one day in a Week).
6
On that fixed date the Sarpanch, Panch, Nyay Mitra and Nyay Sachiva seats for the hearing of
the case. Both the parties’ presents their own side with the help of Gawah, the Nyay Mitra
facilitates the hearing by giving the frequent suggestions to the Sarpanch. After listening the both
sides the Sarpanch and panch discusses to each other and with the consultation of Nyaya Mitra
Sarpanch decides the result of the case. Then after, the Nyay Sachiva makes a final copy of
decision of Gram Kachahari. If somebody prefers to go to the formal judicial process, he can
approach the formal courts however it is the Gram Kachahari that finally decides whether the
party can go to the court or not.
The official process of hearing in the Gram Kachahari
The bench for hearing the petition is constituted of the followings: i) Sarpanch as the Chairperson ii) One Panch nominated by the wadi (petitioner) iii) One Panch nominated by the pratiwadi (accused) iv) Two Panchs nominated by the Sarpanch v) The Nyay Mitra and Nyay Sachiva as facilitator
These members constitute the primary bench. The Sarpanch then issues summon to the parties
concerned and witnesses also. At the outset the bench will try its best to settle the dispute
amicably by making the parties forget and forgive each other’s transgressions. In case that does
not happen, then the case has to be properly heard and disposed of within six weeks. In case of
either party not satisfied with the verdict, then the party can file an appeal to be heard by the full
bench comprising of Sarpanch and all the Panch of the Gram Kachahari.
Note: - There were no Gram Kachahari found in the Study Area where this process is in function.
4.2 Total Cases Filled in the Gram Kachahari (of Study Area) (till 8th of January 2009)
There are 1276 cases filled in the Gram Kachahari during this term out of this 1 Case challenged
in the District court and 3 Referred to the main judiciary(source: questionnaire survey) . This
small numbers of cases challenged in the District court explains the faith of the local community
towards the Gram Kachahari. This all cases are present in the records of the Gram Kachahari, but
according as the members of Gram Kachahari there are number of cases which are not recorded
but solved orally. This explains the wise trust of community towards the Gram Kachahari.
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4.3 Cases Caste wise
Total population of Mansi and Gogri is 74297 and 212197(Census, 2001). Out of this population majority is of OBC. During the study it was also found that the maximum numbers of cases filled are from the OBC category.
Name of Village Category General OBC SC/ST Minorities
Gauchhari 18 48 41 0
Banni 69 116 87 1
Pakrel 8 33 10 2
Purvi Thatha 21 52 9 0
Jhiktia 35 80 8 30
Dakshini Jamalpur 68 123 71 17
Maheshkhunt 60 124 62 0
Balha 0 25 15 0
Madarpur 0 3 0 0
Amni 0 20 20 0
Total 279 624 323 50
Source:- Questionnaire Survey
Source: ‐ Questionnaire Survey
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4.4 Type of Cases
The Gram Kachahari which is made for considering the concept to serve the community at local
level is doing there very good work in the study area. The Gram Kachahari has solved many
cases in this term, this includes following types of cases:-
Partition Suit
Assault
Animal Cruelty
Land Dispute
Others(Mischief behaviour, Public nonsense, havoc creation, Gambling etc
Source: - Questionnaire Survey and Focus Group Discussion
4.5 Reservation
As per the Bihar Panchayati Raj Act 2006, there is 50% reservation for women in all the
categories, 20% reservation has been given to Annexure- I(of act) category of Backward
Community. Almost all Sarpach and panch are in favour of reservation in the Gram Kachahari
but out of 10, two Sarpanch (of Jhiktia and Purvi Thatha) are against the reservation. According
as their opinion in the Gram Kachahari there should must be some educational qualifications.
9
They are feeling that the participation of women elected representatives (either Sarpanch or
Panch) is not frequent in Gram Kachahari.
4.6 Training
Training is main part for the understanding of anything but it was found in the study area that
neither Sarpanch nor Panch got any formal training regarding the activities of Gram Kachahari.
Along with this Nyay Mitra and Nyay Sachiva also not got any training regarding the
functioning of the Gram Kachahari.
10
4.7 Social Profile of the Respondents
The total literacy of Khagaria district is 52.02
(Census, 2001). It was found that only 9%
Sarpanch are illiterate and rest 91% is literate
(of Study area). Following graph can give the
better understanding about the educational
background of the Sarpanch.
In the study area it was found that the
percentage for Illiterate Panch is more than
the Sarpanch. Also there is no Panch
respondent have study more than 10th.
The 60 % Sarpanch in the study area falls in the OBC category and rest 40% is of SC category.
There is no representative of general or minorities. The majority of panch with 60% is of OBC
category, 27% of SC, 10% of minorities
and only 3% of general.
The Constraints in its Functioning
• About 30% of panch being
illiterate, they have to entirely
depend upon the understanding,
knowledge, wisdom and honesty of
Sarpanch, Nyay Sachiva and
Nayay Mitra
• The second constraint in its smooth
functioning is non-orientation of Sarpanchs and Panchs
• With 40% members of SC category they have no much power of decision making. The
cast is the barrier in all the process of Gram Kachahari
• Fourth, in most of the Panchayat, Mukhia of Gram Panchayat creates indirect problems in
the proper functioning of Gram Kachahari
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5.8 Comments of members of Gram Kachahari and Other Observations
• There should be requirement of some security personals for the smooth functioning of the
Gram Kachahari.
• Gram Kachahari is the very good and organized approach for the solution of the cases
locally. This will be very effective in reducing the load of main judiciary.
• Because of women Panch, the male Sarpanch is feeling that Gram Kachahari is not doing
as much as effective, what it can do with male panchs.
Other Observations
In some Gram Kachahari the Sarpanch is not feeling the need of Nyay Mitra for the
decision making regarding the cases, like in Purvi Thatha.
In some Gram Kachahari the Nyay Mitra is doing the work of Sarpanch i.e. s/he decides
what should be the decision regarding the case.
The study observes in one Gram Kachahari (in Amni), that for the successful solution of
the cases, other elected representative of PRI (like Mukhiya of Amni panchayat) ensures
there active participation in the Gram Kachahari.
Under the Bihar Panchayati Raj Act 2006, there is the provision of 50% reservation for
women in all the categories in the Gram Kachahari, under this provision they got elected
but still they are feeling shy to attend the regular meeting of the Gram Kachahari as
commented by the Sarpanch of Purvi Thatha.
In some Gram Kachahari where there is women Sarpanch (in Dakshini Jamalpur), is not
interacted to the interviewer, her husband given the view on the behalf of Sarpanch. Also
for the decision making process i.e. for solution of the cases they (husband) are the
ultimate who decides what should be the decision of Sarpanch.
12
5.9 SWOT analysis and problem tree for Gram Kachahari
STRENGTH WEEKNESS
Dedication
Participation of Community
Shelf Governance
Interactive legal camp
Monopoly of Sarpanch
Lack of training
Shy nature of women Panch and Sarpanch
Illiteracy
Intimidating court environment
OPPORTUNITIES THREATS
Successful solution of cases at local level
Awareness creation
Low cost justice
Conflict with the police
Conflict among the members of Gk
Illiterate members
Gender biasness
13
Problem Tree for Gram Kachahari
No training
Less awareness
Difficulties in Decision Making
No infrastructure
Community Disorganized
Low information & motivation
level
Low awareness
No financial support
Less Interest of members
Less participation
Very few meetings
Insecurity
Inadequate Functioning
14
5 Suggestions and recommendations
5.1 Training Related
Implementation of training process
There should be three steps for the implementation of training program.
With Heads of Sarpanch
The first type of Training Camp should be organized with the Heads of Surpunch of Gram
Kachahari The idea is to convince the leaders of the need and the benefits such training would
have, in order that they could convince their own punch at the grassroots level about the
usefulness of such interactive legal judiciary sessions.
With punch
We will organize the second category of training with the punch. Such training should be in
more simple language and medium should be Hindi (the national language).
In identified villages
The third type of training should be with such type of village that has been previously identified.
Aim should be to choose those villages which is experiencing conflicts or villages where specific
instances or innovative methods have been used by the members of the village in giving effect to
the provisions of Gram Kachahari. Such camps will be eye openers in a number of ways. The
manner in which the people should organize themselves and the innovative strategies they will
use to understand the law should be remarkable.
15
Objective Tree against the Problem Tree
Good training
More Knowledge
Community Organized
High information & motivation
level
More Aware
Frequentparticipation
Goodinfrastructure
High Interest of members
Financial support
Security
Adequate Functioning
Easy to take Decision
Organized meeting
16
A holistic approach for Gram Kachahari
1.) Value exploration: - How can Gram Kachahari identify new value opportunities?
Finding new value opportunities is a matter of understanding the relationship between
Gram Kachahari and local community.
2.) Value Creation: - How can Gram Kachahari efficiently create more promising new
value offerings? To create new values & benefits for the community the Gram Kachahari
have to must understand what the community thinks about, wants, does and worries about
and observe whom community admire with, and who influence them.
3.) Value Delivery: - How can Gram Kachahari use its capabilities and infrastructure to
deliver the new value offerings more efficiently? It is very important in respect to
respond appropriately, coherently and quickly to the conflict at the local level. For this all
the stackholders of Gram Kachahari i.e. elected members of Gram Kachahari, Nyaya
Mitra, Nyaya Sachiva & local community, must have to join the hands honestly to
achieve the ultimate objective of Gram Kachahari.
17
Conclusion
Consequent to the 73rd Constitution Amendment Act political decentralization has taken place in
almost all the States where elections have been held. However, progress on fiscal and functional
decentralization has been mixed. There are States which have taken steps to devolve funds,
functions and functionaries to the PRIs. The process of devolution is at different levels of
operationalisation across States.
Surprisingly, the blocks of Khagaria who have had little experience of decentralization, have
made the most fundamental changes in this regard. Further, it is imperative that the Gram
Kachahari should get the resources to match the responsibilities placed on them.
18
BIBILIOGRAPHY
Bihar Me Panchayati Raj Ki Ek Jhalak, 2008, CENCORED, Patna, p.14-17 Bihar Panchayt Raj Act, 2006, 2006, Law Publishing House Patna, p. 58,65,67 Bihar Panchayti Raj Adhyadesh-2006, 2006Manoj, Prakashan Patna, p.52, 58, 61, 64 “Fifteenth Anniversary Charter on Panchayati Raj”, April 2008, New Delh, p.2-3 India 2007, p. 696, Publications Division, Ministry of Information and Broadcasting, Government of India PACS, Bihar Panchayat Sashaktiakaran Abhiyan (BPSA), Patna, p.6-8 http://www.panchayat.com http://www.newkerala.com/topstory-fullnews-37204.html http://www.bipard.org/docs/e-books/GRAM%20KACHARI/GRAM%20KACHARI-INNER.pdf http://rural.nic.in/panch.htm http://www.hrw.org/reports/1999/india/India994-07.htm http://en.wikipedia.org
Annexure – I
CASE STUDY – 1
Shri Vijay Kr. Singh hails from Amni village under Amni Gram Panchayat of
Mansi Block in Khagaria district. He is 10th pass. Presently he is engaged in
agricultural work in his native place Amni. He owns 5 acres of agricultural land
and a Pucca house. His annual income is Rs. 1 lac. Previously the socio-economic
condition of Shri Vijay Kr. Singh as well as villagers is not good due to flood. So,
Surpanch and all political leaders of this village are working on this issue.
Shri Vijay Kr. Singh with Shri Pramod Kr.(Mukhiya of Amni panchayat is very
kind person and awarded by some status person for contribution in politics in
favour of public), Surpanch has transformed the village Amni into a model
village, totally crime - free and characterized by self-reliance, inter-caste amity
and active community participation. Shri Vijay Kr. Singh has succeeded in
convincing the village people that demanding or begging from the Government is
not the solution to their problems but joining hands together. This charismatic
Sarpanch is now spreading his message in the neighboring villages. He started his
political life from 1978 as a Cadre of CPM. Before contesting Panchayat election
2006 he was engaged in social work in the village. He helped many people in
there need. Consequently he did not face problem during election. Villagers
helped him to canvas support.
After winning the surpanch post in Panchayat election of Gram Kachahari, there is
a lot of problem. Such as place where they can organize meetings with panch
including wadi and patiwadi because there is no building, no any registered to
maintain the cases. At the time, Mukhiya supported him and give permission in
panchayat bhawan for meeting. He has faced problems in many cases like land
dispute, animal cruelty, partition suit due to facilities. Till date, there is no any
training for Gram kachahari’s members. Only Nyay Sachiv and Nyay Mitra are
appointed and Rs. 1088 is released for process of Gram Kachahri. Due to lack of
training, new members of Gram Kachahari are not working as procedure of Gram
Kachahari which is mentioned in Panchayti Raj Act 2006.
Procedure to be followed while resolving the social disputes -
1. As per our traditional dispute resolution process, all the villagers meet at a
common place in the village and invite the parties involved in the dispute to
present their case. Firstly we attempt to know the causes of dispute and then
accordingly we fix the amount of fine to be levied on the erring party.
Agreement to a solution ends up in eating something sweet by both parties.
2. If somebody prefers to go to the formal judicial process, he can approach the
formal courts however it is the village assembly that finally decides whether
the party can go to the court or not.
These are the procedure of Amni but they do not know about limitation. The
members do not know many things regarding the functions of Government
officials and are confused about the Panchayti Raj System of Gram Kachahari.
They think this will limit the powers of the bureaucracy and the process of
Gram Kachahari could be made difficult by factor such as illiteracy, fear of
using legal strategies due to the often-intimidating court environment, expense
and lack of legal acumen. That why, Surpanch is implemented traditional
method to solve the cases and he got success through the help of Lok Sevak
(Mukhiya and other members). Amni is only one panchayat in which Surpanch
and Mukhiya both are participated in the process of Gram Kachahari. Most of
the cases are solved by him orally. Shri Vijay Kr. Singh suggested that there
should also be arrangement of training for the elected representatives like
women, scheduled caste and marginalized and weaker section of the society.
There should be expert resource person for the training.
CASE STUDY – 2
In Balha Panchayat recently there was a case filled related to
the Land Dispute. The case was filled by Mr. Lalo Pandit on the
Mr. Mr. Visho Chaudhdary. In the Gram Kachahari the case was
registered on the date of 01/01/09 by the written application
of petitioner Lalo Pandit. There were 4 hearings on the
different dates in the Gram Kachahari on the presence of
Sarpanch, Panchs and Nyay Mitra & Nyay Sachiva. The opinions
of Gawah were also recorded as proof. Finally the case was
solved on 31/01/09. The Gram Kachahari asked to both Mr.
Pandit and Mr. Chaudhary to make contribution of land, so that
there should be a 3 ft road for petitioner within one week. This
case has registration no. 01/09 in the Gram Kachahari of Balha.
In 1980‐81 there was partition between Mr.Pandit and Mr.
Chaudhary, S/O Shree Chhote Lal Pandit V/P: ‐ Balha Bazar.
There was a road for Mr. Pandit(petitioner) but recently Mr.
Chaudhary tried to block that road by asking that this road is
comes under his land area and he will not allow anyone to use
that. Mr. Pandit asked to Mr. Chaudhary for giving the same
passage as road but Mr.Chaudhary was not ready then Mr.
Pandit decided to go in Gram Kachahari and he had registered
a case in the Gram Kachahari. Finally the case was solved and
both the parties were happy with the decision of the Gram
Kachahari.
CASE STUDY – 3
In Balha Panchayat recently there was a case filled related to the
Assault. The case was filled by Mr. Sanjay Chaudhary on the Mr.
Sohan Chaudhary. In the Gram Kachahari the case was
registered on the date of 02/01/09 by the written application of
petitioner Lalo Pandit. There were 2 hearings on the different
dates in the Gram Kachahari on the presence of Sarpanch,
Panchs and Nyay Mitra & Nyay Sachiva. The opinions of Gawah
were also recorded as proof. Finally the case was solved on
10/01/09. The Gram Kachahari asked to Mr. Sohan Chuadhary
to give Rs.500 in the form of hospital fee. Along with this there
was a punishment of Rs.200 to each party that should be
submitted to the account of Gram Kachahari. This case has
registration no. 02/09 in the Gram Kachahari of Balha.
On 25/12/2008 Mr. Sohan Chaudhary S/O Mr.Nisho Chaudhary
V/P: ‐Balha Bazar after drinking the wine made assault with Mr.
Sanjay Chaudhary S/O Late Mr. Chhedilal Chaudhary V/P: ‐Balha
Bazar in the evening. Both abused to each other after the
intervention of local people the assault was ended with tension.
By the suggestion of a friend Mr. Sanjay Chaudhary had given
application to the Gram Kachahari and finally he got justice. Mr.
Sohan Chaudhary told after the decision of Gram Kachahari that
will never take wine.
Annexure I
CASE STUDY – 4
In Dakshini Jamalpur Panchayat recently there was a case
filled related to the money dispute. The case was filled by
Mr. Jeetan Sah on the Mr. Vakil Chaurasia . In the Gram
Kachahari the case was registered on the date of 24/07/08 by
the written application of petitioner Jeetan Sah. There were
10 hearings on the different dates in the Gram Kachahari on
the presence of Sarpanch, Panchs and Nyay Mitra & Nyay
Sachiva. The opinions of Gawah were also recorded as proof.
Finally the case was solved on 27/09/2008. The Gram
Kachahari asked to Mr. Vakil Chaurasia to Return the all the
principle amount and interest what he had borrowed from
Mr. Jeetan Sah 8 year before. This case has registration no.
2G/2008 in the Gram Kachahari of Dakshini Jamalpur.
In 2001 Mr. Vakil Chaurasia borrowed a principle amount
from Mr. Jeeetan Chaurasia on interest to buy land.
According as petitioner, accused Mr. Chaurasia refused to
return the money so Mr. Sahu had filled a case in the
Khagaria Court and after a no. of hearings the case got no any
solution and hearings were running so he had decided to go
in Gram Kachahari. In the opinion of both Mr. Chaurasia and
Mr.Sahu both are happy with the decision of the Gram
Kachahari
Annexure II
Questionnaire – Gram Kachahari
(for Sarpach)
1.) Name of GK (………………………………….)
2.) Name of Sarpanch (…………………………… ……)
i.) Caste (……………………………..)
ii.) Education (.………………....…………..)
iii.) Marital status (Married/Unmarried)
iv.) Occupation (…………………...)
3.) Population of Gram Panchayat
i.) General (………………)
ii.) OBC (………………)
iii.) SC & ST (………………)
iv.) Minorities (………………)
4.) How many cases lodged during this term (till 8th of January 2009)?
(………………………)
5.) Cases lodged in GK, caste wise.
i.) General (………………)
ii.) OBC (………………)
iii.) SC & ST (………………)
iv.) Minorities (………………)
6.) Number of Judgment of GK challenged in District court. (………………)
7.) How many cases successfully solved? (………………)
8.) How many cases have been referred to the main judiciary? (………………)
9.) Is there any record for the case proceedings? (Yes/No)
10.) For future prospective, is this record will be beneficial? (Yes/No)
11.) What is the earning of GK in the form of fee for dealing the cases during this term
(till 8th of January 2009)?
a.)<1000 b.) 1000-2000 c.)2000-5000 d.) >5000
12.) Is GK having Nayay Mitra and Nayay Sachiva (Secretary)?
(Yes/No)
13.) Have you got any training in respect to the GK? (Yes/No)
14.) Is the reservation in GK election is right? (Yes/No)
15.) How would you rate the GK?
Outstanding(1) Very Good(2) Good(3) Satisfactory(4) Bad(5)
Type of cases
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Annexure III
Questionnaire – Gram Kachahari
(for Panch)
16.) Name of GK
(………………………………………………………………………………….)
17.) Name of Panch
(…………………………………………………………………………………)
v.) Caste (……………………………..)
vi.) Education (.……………….…………..)
vii.) Marital status (Married/Unmarried)
viii.) Occupation (…………………………...)
18.) Have you got any training in respect to the GK? (Yes/No)
19.) Is the reservation in GK election is right? (Yes/No)
20.) How would you rate the GK?
Outstanding(1) Very Good(2) Good(3) Satisfactory(4) Bad(5)
Special Comments
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