Gram Nyayalays

 

Gram Nyayalays

Why in News?

The Supreme Court of India has directed States and High Courts to submit comprehensive reports on the establishment and functioning of gram nyayalayas. This directive comes amidst concerns about the slow implementation of these rural courts.

What is Gram Nyayalayas?

Q     In India, Gram Nyayalayas are village-level courts that offer citizens affordable and speedy access to justice at their doorsteps. Gram Nyayalaya refers to a rural court formed under sub-section (1) of the Gram Nyayalayas Act, 2008.

Q     The act provides for the establishment of these village courts at the intermediate panchayat level. However, the state governments establish Gram Nyayalayas in consultation with their concerned High Courts.

Q     Gram Nyayalayas are designed to be "mobile" courts, which means they can move from place to place within a defined jurisdiction to deliver judicial services to local people.

Q     These rural courts have limited civil and criminal jurisdiction over the offences.

Q     These rural courts are presided over by a judicial officer known as a Nyayadhikari, who is appointed under Section 5 of the Gram Nyayalayas Act, 2008.

 

 

Purpose

Q     The purpose of establishing these rural courts is to provide access to justice for people living in rural areas, who frequently face significant barriers to getting legal services through the existing formal judicial system.

Objectives of Gram Nyayalayas

Q     To provide access to justice

Q     To provide affordable justice

Q     To provide speedy disposal of cases

Q     To promote alternative dispute resolution mechanisms

Q     To empower the rural population

Q     To educate rural populations about their legal rights.

Salient Features:

Q     Establishment Criteria: These courts are to be established for every Panchayat at the intermediate level or for a group of contiguous Gram Panchayats. The headquarters of Gram Nyayalayas are located at the intermediate Panchayat level.

Q     Presiding Officer: The presiding officer, known as the Nyayadhikari, is appointed by the State Government in consultation with the High Court.

Q     Nyayadhikaris are strictly judicial officers with the same salary and powers as First Class Magistrates functioning under High Courts.

Q     Jurisdiction: Gram Nyayalayas handle specified criminal cases, civil suits, claims, and disputes as listed in the First and Second Schedules of the Act, following summary procedures for criminal trials. A person accused of an offence has the option to file an application for plea bargaining, allowing for negotiation of a lesser charge or sentence.

Q     Conciliation Efforts: These courts emphasise conciliation between parties to settle disputes, using appointed conciliators for this purpose.

Q     Guided by Natural Justice: While not bound by the rules of evidence in the Indian Evidence Act, 1872 (replaced by Bharatiya Sakshya Adhiniyam), Gram Nyayalayas follow principles of natural justice as guided by the High Court rules.

Q     Operational Conditions: The Gram Nyayalayas were initially proposed to be set up at the intermediate panchayat level with a one-time budget of Rs. 18 lakhs for non-recurring expenses. The Central Government also covered 50% of recurring expenses for the first three years.

Q     The scheme has been extended until 31st March 2026, with a budget of Rs. 50 crores. Funds are now released only after the Gram Nyayalayas are operational and Nyayadhikaris are appointed.

Q     A performance review is scheduled after one year to assess their effectiveness in providing speedy and affordable justice to the rural marginalised.

What are the Supreme Court's Concerns Regarding Gram Nyayalayas?

Q     Slow Implementation: The Gram Nyayalyas Act of 2008 was meant to de-clog courts and decentralise administration. It was emphasised that the purpose of gram nyayalayas was to improve access to justice, but there are currently only about 450 out of the required 16,000 set up, with only around 300 functioning.

Q     Pending Cases: With over four crore cases pending in trial courts, the lack of functional gram nyayalayas contributes to the backlog, preventing the de-clogging of the judicial system.

Q     Access to Justice: The Supreme Court is concerned that the slow establishment of gram nyayalayas hampers the goal of providing speedy and affordable justice to rural citizens.

Q     Lack of Reporting: States and High Courts have failed to submit the required affidavits detailing the status of gram nyayalayas, reflecting a lack of compliance and commitment.

Q     Resistance in Tribal Areas: Some States, such as Jharkhand and Bihar, have resisted establishing gram nyayalayas in tribal or scheduled areas, citing conflicts with local or traditional laws.

Importance & Advantages of Gram Nyayalayas

Q     These rural courts are part of the judicial reforms and are viewed as an important step in reducing backlogs.

Q     These courts delegate justice delivery to the fourth tier or the grass roots.

Q     These courts mandate equal & affordable access to justice for rural populations.

Q     These courts also help in providing speedier justice to rural communities.

Q     These courts have the potential to reduce the burden on district courts.

Q     Assist in reducing the expenses of litigation for the rural common man.

Q     These courts help in reducing dependency on extra-constitutional forums of justice.

Conclusion

Q     Gram Nyayalayas are village courts established under the Gram Nyayalayas Act, 2008 to provide affordable and speedy justice to people in rural areas at their doorsteps. These village courts are to be formed for each Panchayat at the intermediate level or for a group of contiguous Gram Panchayats. However, It is the responsibility of the state governments to establish these village courts in consultation with their respective High Courts.