2017 Mock Test 12 – Case Study-3

The root cause of problem lies in the interpretation of Wajib-ul-arz or the record of customary rights which permitted people to use village bunds to move around. This right has been provided for people who need less space to walk and do not damage the fields. This is being used for cattle to move along with people. Cattle need larger space and thus leading to destruction of crops. No provision has been made for cattle movement since pastures are located at outskirts of the village .The right to free movement has been extended to it being used for movement of cattle. In a village, agriculture is the main source of livelihood and any damage to crops can have severe consequences on the incomes of the household. In this case the Gram Sabha failed to intervene to sort out the issue verbally or right interpretation of the customary right. Thus this issue took a highly emotional turn and became violent
The first step would be to prevent further escalation of violence in the village. Putting those charged for murder under custody and deploying police in the region so that no more violent incidents take place. A study and clear interpretation of customary rights, perspective of both  the sides needs to be taken in to consideration to reach any conclusion. The most viable solution would be to construct another way for movement of cattle which is broader and does not damage anybody’s field.


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