A History of the Mahrattas v2.c59.41

v2.c59.41

The Punchayet was the ordinary tribunal for the decision of civil suits, and it is that which gives, and, if judiciously administered, probably always will give, more satisfaction, and be, in their own opinion, of greater benefit to the natives of Maharashtra than any other mode of trial. The English officers of Government, who had been accustomed to the courts of Udalut,¹ could not reconcile themselves to the corruption, delay, and apparent injustice of some of their decisions; but in commenting on the evils of the Mahratta system, it is to be feared they forgot the many defects of their own. Although Punchayets are continued under the provisional government which is still maintained in the conquered territory, it is to be apprehended they can neither exist, nor have a fair trial, where, whilst some are prejudiced, others, overwhelmed by business of various kinds, are discouraged by the difficulties they find in the system; and a few (though I do believe such selfishness, in the present state of feeling, to be rare), considering it at variance with the interests of the civil service, only strive to discover objections, which in some shape may be found in every form of administration, but which time and vigilance would, in this instance, in a great measure remove. On the temper, zeal, and perseverance of the government officers, much must depend: Punchayets, where neglected or merely tolerated, cannot prosper; they require a pure and steady superintendence, with all the weight and authority to correct and amend the faults of the people which are confounded with the defects of the system. A very active able agency would at first be necessary, after a plan of reform had been digested; but once instituted, carefully watched and encouraged at the outset, and carried on for a time, much less interference would become requisite on the part of government, and not only would the natives be called upon to administer justice in the form most popular among them, but, leaving advantages to policy out of the question, the Punchayet might be made a powerful instrument for improving the minds and amending the morals of the natives of India. At present, even in the Mahratta country, those who have a suit will frequently solicit the decision of an English judge; but the same persons, if intelligent men, when exempt from the impulse which influences their opinions under such circumstances, will invariably declare that the Punchayet, in civil cases, is far better suited to the country at large than any mode of decision by individuals.¹