Editor,
The prevalence of a fair and just legal system is one of the institutions that guarantee inclusion in society. The justice system makes sure that wrongdoers are held accountable for their conduct, and acts as a protection against the violation of individual rights.
Each tribe in our state has its own set of customary laws that are followed by the traditional village councils. Political interpreters, political jamadars (mediators), and gaon burahs (GB) were the three primary categories of village officials in the past. However, as time went by, the other officials became less important, and the GB is now the only government agent and authority with the competence to manage judicial cases at the village or grassroots level.
In order to govern, the GBs rely on the Assam Frontier (Administration of Justice) Regulation, 1945, or AFR for short. According to Section 40 of the AFR, “The village authorities shall try all suits without limit of value in which both the parties are indigenous to the state of Arunachal Pradesh (some omissions have been made through The AP Civil Courts Act, 2021).” The GB in the village has tremendous authority over the justice delivery system in the community as per this section.
Traditionally, the village elders and inhabitants would choose someone with legal knowledge, a dignified demeanour, and oratory skills to administer justice in the village and community. However, the village council as an institution is becoming less relevant due to the growth of contemporary legal systems, the division of powers, and the politicisation of GB appointments. Even in minor cases, people now frequently find that knocking on the door of the court is more dependable and convenient when seeking justice.
Although there are several possible causes for the decline in public trust in the GBs’ ability to administer justice, the nomination process – which has mostly taken on a political bent – is the most notable. In contrast to the past, when village elders and villagers would nominate names of people who were skilled orators and knowledgeable about the current laws, the criterion is now shifted to the individual’s political proximity to political leaders.
The authorities concerned must verify the individual’s ethical behaviour along with additional attributes in order to restore the lost glory of the GB position. There would be no harm in holding a mock court (keba in Galo) prior to the appointment of a GB, who will be responsible for the justice system in a village and community as a whole till one is alive, just like we can organise a platform speech for the leaders of the students’ union, which typically lasts for three years.
Yiri Kamcham,
Kamcham,
Lower Siang