Par panel calls for a tribal justice system backed by law

A parliamentary panel today recommended introducing a 'tribal justice system' backed by a central legislation, saying it would help codify various tribal laws prevalent in the country.
"Tribal justice system needs to be brought by separate legislation in Parliament with liberty to states to amend, add or modify according to the need of the particular state. Such a law should give institutional support in the name of 'Tribal Justice Court' system...," a report of the Standing Committee on Law and Personnel tabled in Parliament said.
The report -- 'Synergy between tribal justice system and regular justice system of the country' -- said the institution of tribal justice court should have the flexibility of appointing presiding officer and staff from existing personnel without insisting on tenure, age, education, and other matters. But their salary and facilities should be equal to first class Magistrate-cum-Civil Judge/District Munsif as recognised by procedural laws like CrPC and CPC.

Especially pointing to the North-East, the panel said judicial process and pronouncements followed by tribes in the region are oral in tradition, which provide a wide room for discretion to the tribal chief during justice delivery, sometimes leading to award of different punishments for crimes of similar nature.
"The committee notes that the main reasons for the avoidance of regular judicial system by the tribal people in certain pockets of the country are expensive, lengthy and confusing procedural laws and lengthy procedures of the regular courts," it said.
It said non-exposure of a large number of tribal people to regular justice system has forced them to remain out of the mainstream justice delivery system.

"The committee while recognising the contribution of customary practices of tribes in dispensation of justice, feels that benefits of regular justice system should not be denied to tribal people," the report said.