The Panchayat is only a rough and ready way of settling disputes, or
punishing minor offences. Much of the evidence in the cases which come
before it is either false or else grossly distorted. The members of
the Panchayat are already probably prejudiced either for or against
the offender, and make no attempt to rise above their prejudices. Any
one of them will side with the party who will make it worth his while
to do so.
The final decision may, or may not, be in accordance with the facts of
the case. The guilty person, if an offence has been committed, may
escape; and an innocent person, who has few friends and little to
offer, may get punished. Men who are poor and unpopular sometimes get
sorely bullied, and even ill-treated, in an Indian village.
Nevertheless, at present the Panchayat has its use in Hindu India, and
the prospect of being brought under its power is a wholesome terror.
When India has progressed a stage further this primitive mode of
procedure, already a good deal discredited, will no doubt be
superseded altogether.
Unfortunately, even in more august tribunals where the desire to be
true and just is uppermost, false evidence is so rife that there has
to be a good deal of guesswork, and calculations of probabilities,
when trying to come to a right decision. It has lately been advocated
that magistrates should, when practicable, hold their preliminary
trial of offences in the village where the misdemeanour is alleged to
have taken place. The witnesses under these circumstances are more
disposed to give a true account of what has happened. They are
surrounded by neighbours who know, to some extent, whether they are
speaking the truth or not, and are apt to betray them in case of
falsehood. But if the inquiry takes place at a city police-court, the
witnesses come in contact with the false witnesses, and bad
characters, and petty lawyers (or "pleaders" as they are called), who
hang about in the vicinity, and the usual result is that having been
tampered with by some interested person, all hopes of an honest
narrative are at an end.
Public-domain text, read in full here on John Shaqi.
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