Gram Nyayalayas
Source: PIB
GS II: Structure, organisation and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity
Overview
- Gram Nyayalayas
- Salient Features of the Gram Nyayalayas Act, 2008
- What are the concerns ?
Why in the News?
The Supreme Court has sought a full report from States and High Courts on the establishment and functioning of Gram Nyayalayas.
Gram Nyayalayas
- To provide access to justice to the citizens at their doorsteps, the Central Government has enacted the Gram Nyayalayas Act, 2008.
- It provides for the establishment of Gram Nyayalayas at the intermediate panchayat level.
- The State Governments are responsible for establishing in consultation with the respective High Courts.
- As per information made available by State Governments / High Courts, 476 Gram Nyayalayas have been notified so far by 15 States/UT.
- Out of these, 257 are operational in 10 States at present.
Functioning
- They are deemed to be a Court of Judicial Magistrate of First Class with both civil and criminal jurisdiction to settle petty disputes at the village level.
- Section 3 (1) of the Act, 2008, the State Governments are responsible for establishing Nyayalayas.
- The act does not make the setting up of Gram Nyayalayas mandatory.
- For the opening of Gram Nyayalayas, the Central Government has been encouraging the States by way of providing financial assistance.
Salient Features of the Gram Nyayalayas Act, 2008
- Establishment: Gram Nyayalayas are generally set up at every Panchayat headquarters. In cases where there’s no Panchayat at the intermediate level, they are established conveniently in a group of connected Panchayats within a district.
- Jurisdiction: Each of it has jurisdiction over a specific region, as specified by state governments in consultation with the High Courts.
- Presiding Officer (Nyayadhikari): It is presided over by a Nyayadhikari (judicial officer). Interestingly, the Nyayadhikari enjoys the same powers, salary, and benefits as a first-class Judicial Magistrate.
- It shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice.
- This is subject to any rule made by the High Court.
What are the concerns ?
- Slow Implementation:
- The Act of 2008 was designed to unclog courts and decentralize administration. However, the actual progress has been sluggish.
- Out of the required 16,000 Gram Nyayalayas, only about 450 have been set up, and merely 300 are functioning.
- This delay contributes to the backlog of over four crore pending cases in trial courts.
- Access to Justice:
- The very purpose of Nyayalayas is to provide speedy and affordable justice to rural citizens.
- However, their slow establishment hampers this goal.
- Lack of Reporting:
- States and High Courts have failed to submit the required affidavits detailing the status.
- This reflects a lack of compliance and commitment.
- Resistance in Tribal Areas:
- Some states, including Jharkhand and Bihar, have resisted establishing in tribal or scheduled areas.
- Conflict with local or traditional laws.
- Other Associated Issues:
- Overlap with Specialized Courts: Confusion arises due to the parallel presence of other specialized courts (like Family and Labor courts).
- Reduced Need: Regular courts at the taluk level have lessened the urgency for Nyayalayas.
- Low Awareness: Stakeholders—lawyers, police officials, and even potential litigants—aren’t fully aware of their role.
- Budget Constraints: The initial budget of Rs. 18 lakhs per Nyayalaya and 50% recurring expense support for three years from the Central Government have proven insufficient.
- Risk of Improper Dispensation of Justice:
- Judges aren’t chosen through merit-based examinations.
- Accessibility to Nyayadhikaris (judicial officers) remains a concern.
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