Every one is supposed to have a personal law. Or there can be custom laws being followed by centuries in some caste.
PRIVATE BODIES
1) Such bodies are like Lok Adalats.
2) They derive their power to judge from consent of parties. They can decide only civil disputes like family disputes. They cannot touch criminal matters. They cannot decide 498A IPC cases even if this may be a family dispute.
3) They cannot decide where one party wants to go to regular court. Hindu, Muslim, Parsi, Sikh whosoever, he may be. No one can force him and no one can prevent him from going to court.
4) Such bodies cannot decide Criminal Disputes.
5) Orders of such bodies can be cancelled by Regular Courts if the orders are obtained by using forced consent or fraudulent consent of one party.
6. Such Private or Customary or Religion based, or Panchayat based courts are not believed to be sign of a healthy rule of law. But when we have few judges, few courts, alternative routes have to be tried. Abuse if any, can be set right by regular court.
7. Such courts have no power to force attendance of party. Nor can it use force to make anyone obey its order.
Haresh Raichura
3/5/13
