panchyati raj institution and social justice

8/6/2019 Panchyati Raj Institution and Social Justice

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WORKSHOP ON

PANCHYATI RAJ INSTITUTION AND SOCIAL

JUSTICE

24th October 2010

A REPORT

Prepared by

Moumita Sarkar

Chhattisgarh State Institute of Rural Development, Raipur

Chhattisgarh State Legal Aid Service Authority, Bilaspur


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This is well acknowledged that Panchayat is the backbone of the Indian economy. It had,

aptly remarked that the Indian Independence must begin at the bottom and every villageought to be a Republic which has been translated into reality with the introduction of the

three-tier Panchayati Raj system to ensure peoples participation in rural reconstruction.

The passage of the Constitution (73rd Amendment) Act, 1992 marks a new era in thefederal democratic set up of the country. It provides constitutional status to the

Panchayati Raj Institutions. Article 243-G of the Constitution of India provides

Panchayats with such powers and authority as may be necessary to enable them to

function as institutions of self-government to prepare plans for economic developmentand social justice.

For the last two years Chhattisgarh State Institute of Rural Development (CGSIRD) has

been modest in its effort with the State Legal Aid Services Authority (SALSA),Chhattisgarh in creating legal awareness and knowledge through trainings. These training

focused the target group of SC & ST, women and labourers through PRIs with respect toland restoration laws, forest rights Act and Panchayat Act. In the above backdrop 40

development blocks have been covered. In addition to this CGSIRD is also working with

India Institute of Public Administration (IIPA), New Delhi from 2008 in creating

awareness amongst the village dwellers regarding Consumer Rights and Welfare. In theprocess 40 well known Advocates had been trained who are associated with the State

Legal Aid Services Authority. In continuation to the above initiative CGSIRD and

SALSA organized a workshop on Panchayati Raj Institutions and Social Justice dated24th October, 2010 on the eve of UN day.

The date so selected for the workshop has a rationale.24 th October, 1945 may merelyseemed to be a numeric date but since recorded history it is one of the memorable day

when United Nation (UN) was formally founded through ratifying a treaty. Ever since

then UN is deeply involved and coupled with different issues pertaining to maintaininternational peace and security; to develop friendly relations among nations based on

respect for the principle of equal rights and self-determination of peoples; to cooperate in

solving international economic, social, cultural and humanitarian problems and in

promoting respect for human rights and fundamental freedoms; and to be a centre forharmonizing the actions of nations in attaining these ends. for both the objectives of

celebrating the UN day and Capacity Development of the Panchayati Raj Institutions,

which is considered under the Capacity development for Local governance (CDLG) toorganize the workshop.

Henceforth, the one day workshop is organized allowing the participation of the lawyers,judges on one hand and the representatives from Gram Panchyat (GP), Janpad Panchyat

(JP) and Zilla Panchayat (ZP) to meet in an open forum to gain knowledge about the

various critical legal issues like gender discrimination and domestic violence etc which

remains unresolved at the village levels and the ways and means to mitigate it. The

BACKGROUND:


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workshop is an initial introduction for both the clients in order to orient themselves to

devise the way forward in taking the objectives of the workshop ahead.

In conducting the workshop extended cooperation has been received from the SALSA,Chhattisgarh.

Panchyats have long history in India. It marks the sign of participation at the grass root

level for the holistic development of the community. But man dwells in society which is

governed by certain rules and laws. Indian Constitution has already endowed the people

with certain rights to all citizens irrespective of ethnic origin, gender, possessions, racereligion etc to be treated equally without prejudice for the fair and proper administration,

which is termed as social justice. For ensuring free legal services for the deprived at the

grass root level people Tehsil Baidhik Samity has been established following the link

from State to District Legal Aid Services Authority. However, with such elaboratedsystem for reaching the un reached still there is a big gap in terms of legal awareness,

knowledge and the procedure for availing such system. There is also a breach betweenthe legal systems and the target beneficiaries in terms of physical reach.

Therefore the workshop was planned with the following objectives:

To develop understanding of the participants regarding social justice

To develop awareness about free legal aid services for the deprived section of the

society

To develop a future action programme to ensure the outreach of the free legal

service and establishing social justice through PRIs

A total of 126 participants were present in the workshop which includes 106 PRI

representatives and 20 special guests and panel of resource persons. Special guests

include Honble Minister Sri Rambichar Netam, Dept of Panchayat and RuralDevelopment and Dept of Law and Justice, Govt of Chhattisgrah and Honble

Parliamentary Secretary Sri Bhaiyalal Rajvade, Govt of Chhattisgarh. Panel of resource

persons include Honble Justice Sri Dhirendra Mishra, Executive Chairman, Chhattisgarh

State Legal Services Authority, Bilaspur and Honble Justice Sri Satish. K. Agnihotri,Chhattisgarh High Court, Bilaspur and Sri S.K.Singhal. Member Secretary, Chhattisgarh

State Legal Aid Services Authority, Govt of Chhattisgarh, Sri K.L. Chiriyanee,

Additional Secretay, Law and Justice Division, Additional Secretay, Law and JusticeDivision, Smt Gareema Arya, Smt Madhu Teewari, Judges from Raipur, Sri Amar

Gurubakshyanai and Smt Urvashi Agarwal Advocates from Raipur and Advocates Sri

Rahul Jha and Sri Mahendra Dubey from Bilaspur.

OBJECTIVES:

PARTICIPANTS


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(10.30 am-11.15am)

The workshop was inaugurated at 10.30 am by lightening the lamp by the Honble

Minister Sri Ram Vichar Netam, Dept of Panchayat and Rural Development and Dept of

Law and Justice, Government of Chhattisgarh.Accompanying him was Honble Justice Sri

Dhirendra Mishra, Executive Chairman,

Chhattisgarh State Legal Services Authority,Bilaspur and Honble Justice Sri Satish. K.

Agnihotri, Chhattisgarh High Court, Bilaspur

and Sri S.K.Singhal. Member Secretary,

Chhattisgarh State Legal Aid Services

Authority, GoCG and Dr. R.K.Singh,Director, Chhattisgarh State Institute for Rural

Development (CGSIRD).

Right to Left: Honble Minister Sri

Rambichar Netam, Honble Justice Sri

Dhirendra Mishra

and Honble Justice Sri Satish.K.Agnihotri

Welcoming of the Honble guests by Dr.R.K.Singh,Director, CGSIRD.

INAUGURATION


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Dr. R.K. Singh, Director, CGSIRD) then welcome the guests to initiate the programme.

The workshop unwrapped with a

welcome note from the Director.Inhis address he clearly focused on

the objectives and sincerely

expressed his appreciation towardsHonble Minister and Justices and

other Judges for giving their time

in sharing a common platformwith the representatives from the

Village, Janpad and District

Panchayat. Prominent efforts of

the Institute has been highlightedin the past two years with due

association with SALSA and

Welcome address by Dr. R.K. Singh, Director,CGSIRD

IIPA, New Delhi in crafting training on legal literacy and awareness on Consumer Rightsand Welfare for the villagers. He concluded his speech by specially remaining indebted to

the Justices, Judges and Advocates for coming to the programme and making them

aware of the several features of the legal services and suggesting the necessary

measures in terms of knowledge, awareness to be taken by the representatives of thePanchayats.

(11:15 am- 1.30 pm)

Following the Directors speech, Honble Justice Sri Satish. K. Agnihotri, delivered his

main speech of the session. He explained that the social justice is included in the IndianConstitution through 42nd Constitutional Amendment Act, 1976 which has amended the

Article 39 A of the constitution and ensures Equal Justice and Free Legal Aid to all the

citizens.

"39A: Equal justice and free legal aid.-The State shall 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 citizenby reason of economic or other disabilities.".

With the prevailing status, he said that even after thirty years since 1977, there is notenough improvement in regard to outreach for ensuring social justice to the grass root

level people. Hence the representatives from Village, Janpad and District Panchayat need

to be vibrant in their activities to ensure such free legal aids to the people wherever andwhenever needed. He emphasized on the recent reservation for the women members at

PRE LUNCH SESSION


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the Panchyats, which marks a sign of gender justice at the political boundary. But inspite

of such reservation of seats women were not at aware of their esteemed position due to

lack of the knowledge of their specific rolesand responsibilities. He too mentioned

about the creation of litigation free village

where a legally peaceful village will beestablished and in return the Sarpanch will

be provided an incentive for creating such

an ambience.

Honble Justice Sri Satish. K Agnihotri at his speech

In continuing the flow, the next speaker Honble Justice Sri Dhirendra Mishra,appreciated the initiative of the workshop. Eversince independence, India is globally

known for its democracy and equality for the people which is even percolated to the grass

root level through three tier Panchyati Raj Institutions. He highlighted on the emergenceof Gram Sabha for the accountabilities of the various developmental works at the village

level, which confers transparency.Time to time the Social Audit that takes place which

does guarantee lawful utilization of resources including financial, human and naturalresources, thus preventing any kind

of mal practices. Inspite of having

such a platform, many people remainignorant about such facts and thus,

preventing the proper exercise oftheir bestowed rights to know.

Likewise, the people are legally notliterate and aware of different rights;

therefore people faces harassment

due too ignorance and the procedures. Therefore according to

his opinion, it is the right legal

knowledge and its awareness thatcan bring success for the

Honble Justice Sri Dhirendra Mishra in his speech

programme. Hence effort should be directed towards undertaking routine based trainingprogrammes for the unreached people where he assured his consent and participation.

Although, Chhattisgarh a newly formed state has a challenging task ahead. There areeighteen districts and 85 areas under Schedule Blocks which needs to be covered in the

coming time.


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Honble Minister Sri Rambichar Netam, Dept of Panchayat and Rural Development and

Dept of Law and Justice delivered the inaugural speech. In his delivery, he focused the

various areas where social justice is highly co related keeping the 73rd

Amendment as thebase. The focused areas include:

Education comprising of both Primary and Higher Secondary and Adult

Education and Non Formal Education

Mentally disabled and physically challenged

Women and child welfare

Welfare of the weaker sections specially focusing the SC snd STs

Health and Sanitation

Family welfare

Long since independence, there has been sufficient developmental approach relating to

the above mentioned social issues. But the weaker section especially the SC/STs of the

society remained unreached and untouched and here lies the actual challenges for thePanchayati Raj Institutions. With the changing political, social and economic scenario the

meaning of the social justice is also changing, hence it is important to understand andinterpret the accurate version of the social justice. Law and justice is for all to create a

better community to dwell. Although there is enough formulated programmes for the

weaker section of the society but in ground reality main streaming them with theformulated programmes and helping to be the receiver of such benefits is the job which is

lying ahead. Holistic development involves the development of women and children too,

but when seen from the corner of the social justice, the situation is really notreverberating. When there is domicile violence, gender discrimination, illiteracy, it is this

backward SC/ST women folks of the society which is in the forefront. So one can very

well understand the intensity of the responsibilities to be shouldered in order to showthem the light of law and justice from the existing situation. The physically challenged onthe other hand still remained neglected in the society, whereas there are schemes and

programmes to bring them in the flow of the

practical life and to be treated equally with respectas others. But the realistic view is something

different whereby they were even denied with the

basic rights they are endowed upon. Hence this oneday workshop will facilitate the Panchayat

representatives from the three tiers to understand,

and enact as per their due roles and responsibilities.

Honble Minister Sri Rambichar Netam

at his speech.

INAUGURAL SPEECH


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The Inaugural session was closed by a vote of thanks from Sri S.K.Singhal, whereby thepresence of the Honble guests were appreciated and their valuable speeches too have

been encouraging for the participants. The session then had a tea break for about fifteen

minutes.

Technical Session-I

After the break, the technical session started where the main topic of discussion wasSocial Justice- knowledge about legal service programmes. The main speaker for the sessionwas Sri S.K.Singhal. He accentuated on definition of social justice along with the various ways

and means one can be served from State Legal Aid Services Authority free of cost.He spoke that irrespective of every caste, creed, religion, economic standard and gender, justice

should be guaranteed to all. The State Legal Aid Services Authority duly discharges its duty in

conducting timely training for the awareness and legal literacy to empower them with the

knowledge of law and rights. Eligibility for rendering the free of cost legal aid services comprises

of the following target beneficiaries which includes SC/ST members, women, child labour related

disputes, physically challenged and people affected with contagious diseases, people who are

homeless, people affected in natural calamities like earthquake, floods and for those peoplewhose annual income is less than

Rs 50,0000. Generally the legal

aid services are provided in the

areas of disputes, marital

problems, matters pertaining to

judicial custody, labour related

issues, and compensation inregard to accidents and any

matters relating to encroachment

of basic rights assured by Indian

Constitution.

Sri.S.K.Singhal,delivering his speech.

He elaborated the process of registering a complain, where the person complaining needsto write a short outline of the complain he is making and in case h/she is found to be

illiterate assistance will be given to him by the Authority having his/her thumb

impression. An affidavit will be accepted from him proving his eligibility to receive

assistance from the Authority and the Member Secretary of the Authority can any time

inspect the authenticity of such people seeking assistance.


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(2.15pm-5.35pm):

Technical Session-IIThe post lunch session was the technical session, where Sri K.L.Chiriyanee, briefed the

session by stating that in addition to the Economic Development, Social Justice too is an

important responsibility of the Panchayats. Highlighting justice T.N.Bhagwatiss ideatowards social justice, man should able to develop such thought process where inhibiting

others development and creating obstacle for others one should move ahead in the

development path then only a community can move together, facilitating the state todevelop and then nation as a whole. He accepted the fact that lack of resources is a major

hindrance in the Indian context, but if one thinks positively and orient him in an action

oriented approach then development is bound to happen. But the irony is such that there

is decentralization of powers and authority but there is centralization of human thought

serving his own needs which is a hindrance to achieve the best. In his concluding speechhe mentioned that one of the crucial role players is none other than Panchayat who needs

to understand the unique objectives of the scheme and provide the necessary knowledgeabout it to the weaker sections. A State Litigation policy will be formulated because there

were many unnecessary cases which are brought to the court which may be solved at the

grass root level, hence the policy will direct the poor about the cases that should bebrought before the court of law.

Question and Answer Session with panel of JudgesThereafter the Q & A session with the panel of Judges, Advocates started. The panelist

comprised of Smt Gareema Arya, Smt Madhu Teewari Judges from Raipur, Sri Amar

Gurubakshyani and Ms Urvashi Agarwal, Advocate from Raipur and Sri Rahul Jha andSri Mahendra Dubey, Advocate from Bilaspur. Several queries and questions came upfrom the audiences. Queries mainly comprised of who will be benefited from the Legal

Aid Services Authority, who are the target beneficiaries. However, questions were of

different types consisting both of social and family related disputes and genderdiscrimination. The questions were well answered

by the panelist in terms of whom to approach and

how to approach within the geographic judicialarea and how to seek assistance from State Level

Legal Aid Services Authority. The matter of FIR

is of prime importance as many of the people who

asked questions did not register a written FIR,hence those cases were not even sought out till

date and the victim developed a wrong opinion

about the court of depriving him/her from justice.

President District Panchayat, Mahasumund in Q & A

sessions with regard to gender discrimination

POST LUNCH SESSION


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Janpad Panchayat representative in Q & A session.

After the Question and Answer sessions, the closing ceremony witnessed another

distinguished guest Honble Parliamentary Secretary Sri Bhaiyalal Rajvade, Govt of

Chhattisgarh to share his valuable experiences in order to shape the programme ahead.

He remained Sarpanch for twenty years and Janpad Adyaksha (Block President) for tenyear and Zila Adhyaksha (District President) for five years He was warmly greeted by

Dr. R.K.Singh and Sri S.K.Singhal. He simply defined social justice is the platform to

provide ones own personal development by empowering himself with the trueknowledge to have access and use it with

dignity.

Development has two wings one thepersonal development and the second the

community development. Until and unless

there is no positive sign of personaldevelopment community development will

not take place. Sarpanch, the leader of

Gram Panchayat, is the hegemony of the

power and authority and his real challengelays in empowering those weaker sections

of the society to whom society is pitifulHonble Parliamentary Secretary

Sri Bhaiyalal Rajvade and not even looked upon with the humanisticapproach because of the sole reason of lack of awareness of their own personal rights and

entitlements. The day when every weaker section speaks his/her own rights, the societywill see a new dawn and the recognition solely lies with the Sarpanch who is the torch

bearer of the society. Hence, this workshop serves to be a platform to orient the

participants about their duties ahead.

CLOSING CEREMONY


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The vote of thanks was delivered by Sri S.K. Singhal whereby he pronounced the

responsible task ahead and participation from both the needs including the Judicial

servants on one hand and the participants from the Gram Panchayat, Janpad Panchayt andDistrict Panchayat. He specially thanked Honble Parliamentary Secretary Sri Bhaiyal

Rajvade, in presenting the whole concept in lucid language and approach to the audiences

The workshop proved to be a major learning event for the participants about what toknow for whom to know and from where to know. But, however, the workshop is a

preparatory stage for the institute to frame programme in the days ahead. Honble

Minster highly appreciated about the event and immediately advised to organize legalliteracy awareness training programme for Bastar and Surguja areas at the Division level

to which the Judges have given their consent. Chhattisgarh has four divisions namely

Bilaspur, raipur, Bastar and Surguja. Amongst the four divisions Bastar and Surguja is

the tribal dominated area and the backward divisons from the other two. The approach

should not only to create awareness amongst the people but also to create a pool ofhuman resources who in near future will take the responsibilities ahead. Honble Justices

Sri Satish.K.Agnihotri and Dhirendra Mishra has suggested two very important issues towhich Minister was elicited and ambitious to extend his support. One is to set up a

Litigation Free village whereby an incentive will be declared in the name of the Sarpanch

in keeping a dispute free village, whereby villagers maintain a peaceful legal life.Secondly, to ensure better legal services there needs to be the establishment of the Block

level Legal Services Authority, whereby weekly basis the several disputes should be

sorted out by the Advocate which seemed to be negligibly fulfilled by the existing Tehsil

Baidhik Samity. In fact it is a matter of recognizing the legal institutions at the Blocklevel.

With these suggestions SIRD along with State Level Legal Aid Services Authority willfurther facilitate the programme at the grass root level in the state.

CONCLUSION


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ANNEXURE-I

Programme schedule:

S no Time Subject Speaker

1 10.30am-11.0am Registration

2 11.00am-11.05am Welcoming of the guest

3 11.05am-11.10am Lightening of the lamp

4 11.10am-11.15am Welcome address Dr R.K. Singh, Director,CGSIRD5 11.15am-11.40am Welcome Honble Justice Sri Satish.K.Agnihotri,

Chhattisgarh High Court, Bilaspur

6 11.40am-12.10pm Main speech Honble Justice Sri Dhirendra Mishra,

President, Chhattisgarh State Legal Aid

Services Authority, Bilaspur

7 12.10pm-12.25pm Inaugural speech Honble Minister Sri Rambichar Netam, Dept

of Panchayat and Rural Development and Dept

of Law and Justice, Govt of Chhattisgarh

8 12.25pm-12.30pm Vote of thanks Sri S.K.Singhal Member Secretary,

Chhattisgarh State Legal Aid Service Authority

12.20pm-12.45pm TEA BREAK

9 12.45pm-1.30pm Social Justice- knowledge about

legal service programmes

Sri S.K. Singhal. Member Secretary,

Chhattisgarh State Legal Aid Service Authority1.30pm-2.15pm LUNCH BREAK

10 2.15pm-3.00pm Social Justice- legal awareness for

Panchayati Raj Institutions and itschallenges in implementation.

Srr.K.L.Chiryeenai, Additional Secretary, Law

and Justice Division, Raipur.

11 3.00pm-4.30pm Challenges and role of social justice and Panchayati Raj

Institutions

Panel Discussion:Smt Gareema Arya, Judge, Raipur

Smt. Madhu Teewari, Judge, Raipur

Sri Amar Gurubakshani, Advocate, Raipur

Ms. Urvashi Agarwal, Advocate, Raipur

Sri Rahul Jha, Advocate, Bilaspur

Sri Mahendra Dubey, Advocate, Bilaspur

3.45pm-3.55pm TEA BREAK

Closing Session12 4.30 pm-4.35pm Welcome

13 4.35pm-4.40pm Welcome address Dr. R.K. Singh, Director, CGSIRD

14 4.40pm-4.55pm Consolidation of the workshop Sri Abhay Kant Srivastava, Technical Support

Officer, UNDP

15 4.55pm-5.30pm Speech by Chief Guest Sri Bhaiyalal Rajvade, Parliament Secretary,

GoCG, Panchayt and Rural Development

Division.

16 5.30pm-5.35pm Vote of thanks Sri S.K. Singhal, Member Secretary,

Chhattisgarh State Legal Aid Services

Authority, Bilaspur

panchyati raj institution and social justice

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