Section 4 of CoI : Section 4: Administration of justice in autonomous districts and autonomous regions.

Explanation using Example

Example 1:

Scenario: A land dispute between two families belonging to Scheduled Tribes in an autonomous district in Assam.

Details:

• Two families, both belonging to Scheduled Tribes, have a dispute over a piece of agricultural land.
• The dispute arises in an autonomous district where a District Council has been established.
• The District Council constitutes a village council to handle such disputes.

Application of the Act:

• The village council, constituted by the District Council, takes up the case for trial.
• Members of the village council, who are appointed by the District Council, hear the arguments from both families.
• The village council makes a decision based on the local customs and laws applicable to the Scheduled Tribes in that area.
• If either family is dissatisfied with the decision, they can appeal to the District Council, which acts as the appellate court.
• The High Court has jurisdiction over the case only if specified by the Governor.

Example 2:

Scenario: A criminal case involving theft within a Scheduled Tribe community in an autonomous region in Meghalaya.

Details:

• A member of a Scheduled Tribe is accused of theft by another member of the same tribe.
• The incident occurs in an autonomous region where a Regional Council is in place.
• The Regional Council has established a village court to handle such cases.

Application of the Act:

• The village court, constituted by the Regional Council, takes up the case for trial.
• The presiding officer of the village court, appointed by the Regional Council, conducts the trial.
• The village court follows the procedure laid down by the Regional Council for such cases.
• The village court delivers a verdict based on the evidence and local tribal laws.
• If the accused or the complainant is not satisfied with the verdict, they can appeal to the Regional Council, which acts as the appellate court.
• The High Court can intervene only if the Governor specifies its jurisdiction over such cases.

Example 3:

Scenario: A civil dispute over inheritance among Scheduled Tribe members in an autonomous district in Tripura.

Details:

• A dispute arises over the inheritance of property among members of a Scheduled Tribe.
• The dispute is within an autonomous district where a District Council operates.
• The District Council has set up a village council to handle civil disputes.

Application of the Act:

• The village council, constituted by the District Council, hears the inheritance dispute.
• The council members, who are knowledgeable about the tribal customs, listen to the parties involved.
• The village council makes a decision based on the customary laws of inheritance applicable to the tribe.
• If any party is unhappy with the decision, they can appeal to the District Council.
• The District Council reviews the case and makes a final decision.
• The High Court's jurisdiction is limited to cases specified by the Governor.

Example 4:

Scenario: A procedural rule change for village councils in an autonomous region in Mizoram.

Details:

• The Regional Council in an autonomous region of Mizoram decides to update the procedural rules for village councils.
• The changes include new procedures for filing appeals and enforcing decisions.

Application of the Act:

• The Regional Council drafts new rules for the constitution and functioning of village councils.
• The draft rules are sent to the Governor for approval.
• Upon receiving the Governor's approval, the new rules are implemented.
• The village councils and courts follow the updated procedures for handling suits and cases.
• The Regional Council ensures that the new rules are communicated to all village councils and courts within the region.