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1 TRANSLATION OF THE PROCEEDINGS AND ... - APFA News

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The Punakha Chimi submitted that the fees for Jabmis who are hired either for<br />

settlement of legal disputes through mutual compromise or through hearing and<br />

pleading of cases in courts should be fixed by the High Court. He also requested<br />

that proper rules and regulations be framed for observance by Jabmis while<br />

performing their responsibilities. For legal disputes in the villages which people<br />

seek to settle through mutual agreement without taking it to court, the poor and<br />

humble are often confronted with difficulties due to the absence of fixed fees to<br />

be paid to the Jabmi. The following are six points submitted for consideration in<br />

addressing this issue:<br />

What are the standard fees payable to conciliators of legal disputes in the<br />

villages?<br />

While in the court, some people have to hire Jabmi. Since there are no fixed fees<br />

payable to them, a standard amount has to be determined.<br />

A standard also has to be set for legal representatives of litigants who are<br />

incapable of arguing their own case.<br />

What kinds of supports are provided by the court and by the government for<br />

poor people who need a Jabmi but are unable to afford one?<br />

A system has to be framed delineating cases in which the Gup, Chimi, Mangap<br />

and Tshogpa are allowed to engage in conflict resolution.<br />

The National Assembly needs to discuss the scope of a Jabmi’s mandate and<br />

delineate what is not permissible for them to do. It must also be considered if<br />

the one-month training provided to the Jabmis is sufficient to develop their<br />

capabilities and meet the aspirations of the litigants.<br />

The BCCI Chimi pointed out that the system of litigation by Jabmi has been<br />

introduced mainly to benefit those people who are not fully aware of legal<br />

184

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