ESTABLISHMENT OF GRAM NYAYALAYA

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Context:

The Supreme Court of India has called for the establishment of Gram Nyayalayas throughout the country to promote access to justice.

About Gram Nyayalayas

• Gram Nyayalayas are village-level courts established under the Gram Nyayalayas Act 2008.
• It aims to provide accessible and affordable justice to the grassroots.
• Main Objectives:
  • • Resolve legal disputes quickly and effectively.
    • Minimising the burden on higher courts
    • Ensure that justice is not hampered by geographical or socioeconomic boundaries.
• The Act applies to all of India, except for Nagaland, Arunachal Pradesh, and Sikkim, as well as the tribal areas included in the Sixth Schedule to the Indian Constitution.

Key Provisions of the Gram Nyayalayas Act

• Gram Nyayalayas are established at the headquarters of each intermediate Panchayat or in nearby Panchayats if no intermediate Panchayat exists.
• The jurisdiction of a Gram Nyayalaya is specified by the notifications issued by the State Government in consultation with the High Court.
• A Gram Nyayalaya is presided over by a Nyayadhikari, who has the same powers, salary, and benefits as a First-Class Judicial Magistrate.
  • • The Nyayadhikari is appointed by the State Government, with the High Court's approval.
    • The Act does not make the establishment of Gramme Nyayalayas necessary.
• Gram Nyayalayas have civil and criminal jurisdiction over the cases listed in the Act's Schedules.
  • • They handle a wide range of issues, from minor disagreements to serious criminal offences, within the jurisdiction established by the High Courts.
    • The Nyayadhikari also acts as a mobile court, they periodically visit villages to handle cases.
• The Act mandates that civil suit fees not exceed Rs. 100, regardless of the property value at issue.
• Civil disputes must be completed within six months, and plea bargaining is permitted.
• Before decision-making, Gram Nyayalayas encourage mediating disputes and aid settlements, encouraging harmony and minimising caseload.
• The Act empowers these courts to accept certain types of evidence that are generally not acceptable under the Indian Evidence Act.
  • • They are not bound to follow traditional judicial rules and processes.
    • They are guided by the principles of natural justice.
• Appeals against the Gramme Nyayalayas:
  • • Criminal appeals were placed to the Sessions Court.
    • Civil appeals go to the District Court.

Significance

• Gram Nyayalayas seeks to increase access to justice for rural communities by bringing court services closer to them.
• They address the issues that rural communities experience by lowering the backlog of cases in higher courts through village-level conflict resolution.
• Gram Nyayalayas empower local communities by involving judicial officers who are familiar with local concerns and cultural circumstances, making court rulings more relevant and effective.

Concern

• The Supreme Court observed that the pace of establishing Nyayalayas has been slower than anticipated. This delay reduces the overall efficiency of the judicial system.
• Just 300 of the intended 450 Nyayalayas are currently working. This shortage impacts the judicial reach and efficacy of the system.
• The optimum number of Nyayalayas required is approximately 16,000. The present number is significantly below this need, limiting the system's ability to handle the caseload efficiently.
• Nyayalayas' status and performance are not continuously reported. This lack of transparency complicates evaluation and monitoring.
• Local concerns and conflicts with tribal and local laws have led to opposition to the creation of Nyayalayas in states like Jharkhand and Bihar.
• Overlap between the Nyayalayas and existing specialised courts can result in redundancy and inefficiency.
• Implementing a new court system in rural areas has proven administratively challenging. Issues like poor infrastructure and insufficient training for Nyayadhikaris have slowed growth.

Way Forward

• Gram Nyayalayas are an important step towards decentralising justice and making it more accessible to rural populations.
• Overcoming obstacles such as implementation, infrastructure, and administrative reluctance is critical to achieving the full potential.
• The active involvement of all the stakeholders is critical for effective setup and operation to achieve a more equal judicial system.

Source:

Business Standard

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