Village Disputes and their Resolutions in India: "Problems, Challenges and Solutions"

TABLE OF CONTENTS
LIST OF TABLES;
LIST OF FIGURES;
LIST OF CASES REFFERRED;
LIST OF STATUTES;
ABBREVIATIONS;
CHAPTER 1 - GENERAL INTRODUCTION: REVEIEW OF LITERATURE, HYPOTHESIS AND RESEARCH METHODOLOGY;
INTRODUCTION;
1.1 DEFINITION OF A VILLAGE;
1.1.1 Definition of an Interior Village;
1.1.2 Definition of a Coastal Village;
1.1.3 Definition of a Tribal Village;
1.2 NATURE OF INDIAN VILLAGE;
1.3 'DISPUTE': MEANING;
1.4 RESOLUTION: MEANING;
1.5 REVIEW OF LITERATURE;
1.6 RESEARCH PROBLEM;
1.7 OBJECTIVES OF THE STUDY;
1.8 HYPOTHESIS;
1.9 RESEARCH ISSUES;
1.10 RESEARCH METHODOLOGY;
1.11 SCOPE AND LIMITATION OF THE STUDY;
1.12 SIGNIFICANCE OF THE STUDY;
1.13 STRUCTURE OF THE STUDY;
CHAPTER 2 - HISTORICAL ANALYSIS OF DISPUTE RESOLUTION MECHANISMS IN THE VILLAGES OF INDIA;
INTRODUCTION;
2.1 EVOLUTION OF DISPUTE RESOLUTION MECHANISMS IN ANCIENT INDIA;
2.1.1 Dispute Resolution Mechanisms during Vedic Period;
2.1.2 Dispute Resolution Mechanisms during Smriti Period;
2.1.3. Dispute Resolution Mechanisms during Post-Smriti Period;
2.2. DISPUTE RESOLUTION MECHANISMS DURING MAURYANDYNASTY;
2.3 DISPUTE RESOLUTION MECHANISMS DURING GUPTA PERIOD;
2.4 DISPUTE RESOLUTION MECHANISMS DURING MUGHALPERIOD;
2.5 DISPUTE RESOLUTION MECHANISMS DURING BRITISH PERIOD;
2.6 DISPUTE RESOLUTION MECHANISMS AFTER INDEPENDENCE;
2.6.1 Nyaya Panchayats:. A Historical Introduction;
2.6.2 Formal Adjudication Mechanisms in India;
2.6.3 Alternative Dispute Resolution Mechanisms in India;
2.6.3.1 Legal Services Authorities Act, 1987 and Lok Adalats hi India;
2.6.3.2 The Arbitration and Conciliation Act, 1996;
2.6.3.3 Conciliation under the Civil Procedure Code Amendment Act, 1999 and 2002.;
2.6.3.4 Establishment of Permanent Lok-Adalat;
2.6.3.5 Salem Bar Association Case and the Draft ADR and Mediation Rules, 2003;
2.7 REPORTS OF COMMITTEES AND COMMISSIONS ON DISPUTE RESOLUTION MECHANISMS IN INDIA;
2.8 AN ANALYSIS ON THE HISTORICAL EVOLUTION OF DISPUTE RESOLUTION IN INDIA;
CONCLUSION;
CHAPTER 3 - NATURE OF DISPUTES, DIFFERENT MODES OF DISPUTE RESOLUTION MECHANISMS IN THE VILLAGES, PARALLEL JUDICIAL SYSTEMS AND MAJOR TRIBES OF INDIA;
INTRODUCTION;
PART I;
3.1 PROFILE, NATURE OF DISPUTES AND MODE OF DISPUTE RESOLUTION MECHANISMS OF VILLAGES IN INDIA - AN EMPIRICAL STUDY;
3.1.1 Interior Villages of India - Profile, Nature of Disputes and Mode of Dispute Resolution;
3.1.1.1 Masawad, State of Maharashtra;
3.1.1.2 Umarti, State of Madhya Pradesh;
3.1.1.3 Mubarakpur, State of GuJarat;
3.1.1.4 Simanabadi, State of Orissa;
3.1.1.5 Daringbadi, State of Orissa;
3.1.1.6 Sraniketa, State of Orissa;
3.1.1.7 Barakhama, State of Orissa;
3.1.1.8 KanchiH, State of Andhra Pradesh;
3.1.2 Coastal Villages of India-Profile, Nature of Dispute and Mode of Dispute Resolution;
3.1.2.1 Sergarh, State of Orissa;
3.1.2.2 Chhuriana, State of Orissa;
3.1.2.3 Boxipalli, State of Orissa;
3.1.2.4 Thoothoor, State of Tamil Nadu;
3.1.2.5 Vairavankuppam, State of Tamil Nadu;
3.1.3 Tribal Villages of India- Profile, Nature of Disputes and Mode of Dispute Resolution;
3.1.3.1 Manduva, State of Maharastra;
3.1.3.2 Umarti, State of Maharastra;
3.1.3.3 Kondalogam, State of Andhra Pradesh;
3.1.3.4 Kirikuti, State of Orissa;
3.1.3.5 Battaguda, State of Orissa;
3.2. ANALYSIS OF EMPIRICAL STUDY ON THE NATURE OF THE DISPUTES AND MODE OF DISPUTE RESOLUTION MECHANISMS OF INDIAN VILLAGES;
3.2.1 Profile: Interior Villages of India Studied;
3.2.2 Profile: Coastal Villages of India Studied;
3.2.3 Profile: Tribal Villages of India Studied;
3.2.4 Profile of Indian Villages Studied: Interior, Coastal and Tribal;
3.2.5 Social Structure in the Indian Villages;
3.2.6 Caste Structure in the Indian Villages Studied;
3.2.7 Unity and Factionalism in the Indian Villages Studied;
3.2.8 Nature of Disputes in the Interior Villages of India
3.2.9 ·Nature of Disputes in the Coastal Villages of India;
3.2.10 Nature of Disputes in the Tribal Villages of India;
3.2.11 Nature of Disputes in the Indian Villages: Interior, Coastal, Tribal;
3.2.12 Mode of Dispute Resolution Mechanisms in the Interior Villages of India;
3.2.13 Mode of Dispute Resolution Mechanisms in the Coastal Villages of India;
3.2.14 Mode of Dispute Resolution Mechanisms in the Tribal Villages of India;
3.2.15 Mode of the Dispute Resolution Mechanisms in the Indian Villages: Interior, Coastal and Tribal;
PART II - 3.3 DISPUTE RESOLUTION: PARALLEL JUDICIAL SYSTEMS EXISTING IN THE VILLAGES OF INDIA TODAY - PROBLEMS, CHALLENGES AND PROSPECTS;
3.3.1 Dispute Resolution under Katta or Ooru (uur) or Caste Panchayats in Tamil Nadu;
3.3.2 Parallel Judicial Systems in Kerala;
3.3.2.1 Dispute Resolution under Oorukkoottom;
3.3.2.2 Dispute Resolution under Kadakkodi (Sea~Court);
3.3.3 Dispute Resolution under Devta Institutions in Himachal Pradesh;
3.3.4 Dispute Resolution under Khap Panchayats in Uttar Pradesh, Haryana, Rajasthan and Punjab;
3.3.5 Dispute Resolution by Kangaroo Courts: Caste Panchayats in Orissa and Bihar;
3.3.6 Dispute Resolution Mechanism: Dharmasthala, Karnataka;
3.3.7 Dispute Resolution Mechanism under Naxal Control Areas in India;
3.3.8 Dispute Resolution under Shiv Sena in Maharastra;
3.3.9 Dispute Resolution under First 'Litigation~Free' Village in India;
3.3.10 An Analysis on the Parallel Judicial Systems Studied;
PART III - 3.4 DISPUTE RESOLUTION AMONG THE MAJOR TRIBES IN INDIA;
3.4.1 Dispute Resolution in Adi Tribe;
3.4.2 Dispute Resolution in the Angamis;
3.4.3 Dispute Resolution in the Anals;
3.4.4 Dispute Resolution in the Bodos;
3.4.5 Dispute Resolution in the Chothe;
3.4.6 Dispute Resolution in the Garos;
3.4.7 Dispute Resolution in the Karbis;
3.4.8 Dispute Resolution in the Kltasis;
3.4.9 Dispute Resolution in the Kukis;
3.4.10 Dispute Resolution in the Lamkang;
3.4.11 Dispute Resolution in the Maos;
3.4.12 Dispute Resolution in the Maram;
3.4.13 Dispute Resolution in the Maring;
3.4.14 Dispute Resolution in the Misings;
3.4.15 Dispute Resolution in the Monsang;
3.4.16 Dispute Resolution in the Moyon;
3.4.17 Dispute Resolution in the Poumeis;
3.4.18 Dispute Resolution in the Rongmei;
3.4.19 Dispute Resolution in the Santals;
3.4.20 Dispute Resolution in the Tangkul;
3.4.21 Analysis of the Empirical Study on Dispute Resolution among the Major Tribes in India;
CONCLUSION;
CHAPTER 4 - FORMAL (ADJUDICATION) AND ALTERNATIVE DISPUTE RESOLUTION MECHANISMS IN INDIA: PROBLEMS, CHALLENGES AND PROSPECTS
INTRODUCTION;
PART I;
4.1 FORMAL OR ADJUDICATIVE METHOD OF DISPUTE RESOLUTION· PROBLEMS, CHALLENGES AND PROSPECTS;
4.1.1 'Adjudication' or 'Litigation': Meaning;
4.1.2 Dispute-Centered and Court·Centered Litigation;
4.2 ROLE OF ADJUDICATION OR LITIGATION ON INDIAN SOCIETY;
4.3. FACTORS AFFECTING CAPACITY TO ACCESS JUSTICE;
4.3.1 Physical Factors;
4.3.2 Social Factors;
4.3.3 Financial Factors;
4.3.4 Procedural Hurdles;
4.4 DISPUTE RESOLUTION THROUGH ADJUDICATION: A CRITICAL VIEW;
4.4.1 Strengths of Adjudication;
4.4.1.1 Probability of Error and Finality;
4.4.1.2 Public Demand and User Satisfaction;
4.4.1.3 Fundamental Rights and Adjudication;
4.4.2 Limitations of Adjudication;
4.4.3 Adjudication: An Analysis;
PART II;
4.5 ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS IN INDIA - PROBLEMS, CHALLENGES AND PROSPECTS;
4.5.1 ADR Terminology: A Discussion;
4.5.2 ADR Mechanisms: Meaning;
4.5.3 ADR Mechanisms in Indian Legal Scenario;
4.6 IMPORTANT ADR MECHANISMS IN INDIA;
4.6.1 Arbitration;
4.6.2 Mediation;
4.6.3 Conciliation;
4.6.4. Lok Adalat;
4.6.5. Judicial Settlement;
4.6.6. Negotiation;
4.7 LEGITIMIZATION OF ADR IN INDIA;
4.7.1 Over Crowding of Litigation and Backlog of Cases;
4.7.2 Indeterminacy in Result and Lack of Finality;
4.7.3 Vexatious Nature of Litigation;
4.7.4 Expense Involved;
4.7.5 Loss of Social Harmony and Success of the Process in Other Nations;
4.8 POTENTIAL DANGERS OF ADR IN INDIA;
4.9 MAJOR CHALLENGES TO ADR;
CONCLUSION;
CHAPTER 5 - DISPUTE RESOLUTION IN THE VILLAGES OF INDIA: THE GRAM NYAYALAYAS ACT, 2008 - A CRITICAL ANALYSIS;
INTRODUCTION;
5.1 EVOLUTION OF THE GRAM NYAYALAYA ACT, 2008;
5.1.1 Salient Features of 114m Report of Law Commission of India on Gram Nyayalaya;
5.1.2 Village Dispute Resolution Mechanisms in India after 73rd Constitutional Amendment: Important State Legislations - An Analysis;
5.2 THE GRAM NYAYALAYAS ACT, 2008: A CRITICAL ANALYSIS;
5.2.1 Gram Nayaya/ya,Act: A Constitutional Point of View;
5.2.2 Salient Features of the Gram Nyaya/ayas Act, 2008;
5.2.3 Inadequacies of the Gram Nyaya/ayas Act, 2008 and Suggestions;
5.2.4 Present Practice of Gram Nyaya/ayas Act, 2008;
5.3 DISPUTE RESOLUTION MECHANISMS IN INDIA: FROM NYAYA PANCHAYAT TO GRAM NYAYALAYAS – A COMPARATIVE ANALYSIS;
5.3.1 Nyaya Panchayats of Independent India, Lok Ada/ats, and the Gram Nyayalayas Act
5.3.2 Madhya Pradesh Gram Nyayalaya Adhiniyam, 1996 vs. Gram Nyayalayas Act
5.3.3 Nyaya Panchayats Draft Bill, 2006 vs. Gram Nyayalayas Act;
5.4 GRAM NYAYALAYAS- ANALYSIS AND FINDINGS;
CONCLUSION;
CHAPTER 6 - ANALYSIS, FINDINGS, CONCLUDING REMARKS AND RECOMMENDATIONS;
INTRODUCTION;
6.1 ANALYSIS AND FINDINGS ON "VILLAGE DISPUTES IN INDIA: PROBLEMS, CHALLENGES AND SOLUTION";
6.1. 1 Evolution of Dispute Resolution Mechanisms in India;
6.1.2 Nature of Indian Village and Their Attitude towards the Courts;
6.1.3 Nature of Disputes in the Indian Villages: Interior, Coastal, Tribal;
6.1.3.1 Nature of Disputes in the Indian Villages: Interior, Coastal, Tribal: A Comparative Analysis;
6.1.4 Mode of Dispute Resolution Mechanisms in the Indian Villages: Interior, Coastal and Tribal;
6.1.4.1 Mode of Dispute Resolution Mechanisms in the Indian Villages: A Comparative Analysis among Interior, Coastal and Tribal Villages;
6.1.5 Parallel Judicial Systems among the Major Tribes in India;
6.1.6 Parallel Judicial Systems Existing in the Country Today;
6.1.7 Adversarial Dispute Resolution;
6.1.8· Alternatives to Formal Dispute Resolution;
6.1.9 The Gram Nyayalaya Act, 2008: A New Method of Dispute Resolution;
6.2 CONCLUDING REMARKS;
6.3. RECOMMENDATION FOR A NEW VILLAGE DISPUTE RESOLUTION MECHANISM: NYAYA SW ARAJ GRAM ADHINIYAM;
BIBLIOGRAPHY;
Appendix 1: Questionnaire 1;
Appendix 2: Questionnaire 2;
Appendix 3: Questionnaire 3;
Appendix 4: Questionnaire 4;
Appendix 5: Questionnaire 5;
Appendix 6: Questionnaire 6;
Appendix 7: Questionnaire 7.

Alternative Dispute Resolution - India Dispute Resolution - India Dispute Resolution Mechanism - India