Judicial committee fails to settle local disputes

Nepalgunj, April 28

Banke's Rapti Sonari Rural Municipality vice-chairperson Dhani Kumari Khatri is coordinator of the judicial committee formed under the local level. She is barely literate, so pulling off the task of hearing cases and giving verdict as entrusted by the constitution has been a tall order for her.

Just a month ago, a divorce-related case was registered with the judicial committee. Khatri summoned both sides for discussion.

Although both parties to the case were unwilling to sit for discussion together, Khatri continued her efforts to reconcile them. Finally the case reached the court as the case couldn't be settled at the local level.

“People voted for me and as the coordinator of the judicial committee, I have been entrusted with delivering justice, but I don't know what things are to be taken into account while hearing a case,” she said. “Now I have realised that getting rights is not enough, we also need to have knowledge of the country,” she added.

As per the Local Governance Act endorsed by the government in September last year, judicial committees formed at local levels can deal with 13 types of cases and disputes.

In Nepalgunj Municipality, even a bench has been set up. Deputy Mayor Uma Thapa is an educated woman so she is confident and is busy studying law these days.

“The educated ones can study law and handle cases accordingly. However, for the uneducated ones there is no option for them other than depending on legal advisors,” she said. “There are times when even the judges make mistakes, I'm afraid we can be exempt from that,” she added.

Similarly, in Khajura Rural Municipality, vice chairperson Ekmaya BK prioritises mediation. “As we don''t have proper knowledge of laws of the country, our role has been limited to just trying to settle cases through mediation,” she said.

Nine months after judicial committees were formed, they haven't been able to settle even a single case in the district by issuing verdict. “We have the power, but don''t know the law,” said Kohalpur Municipality Mayor and Judicial Committee coordinator Manju Chaudhary. “The government has pledged to send us a legal officer but as it hasn't so far, we have been unable to decide on cases,” she added.

Senior advocate Prahlad Karki appreciated the power granted to the judicial committee to settle local disputes.

“It will also help reduce the pressure on courts, but there is a risk that verdicts delivered by those without proper knowledge of laws might result in miscarriage of justice,” he said.