Gram Nyayalaya

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• A department-related standing committee on Law and Personnel has raised concerns over the functioning of the Gram Nyayalayas.
• The report submitted by the standing committee stated that;
  • The Gram Nyayalayas was created to make justice delivery more accessible and affordable for the people at the grassroots. However, even after more than 12 years of coming into force, the Gram Nyayalayas are yet to function efficiently in the country.
  • Only 15 states have notified them and about half of those are yet to be operationalised.
  • The apathy of the government department has made this institution almost defunct.
• Recently, the Department of Justice has extended the Gram Nyayalaya Scheme for 5 more years up to 31st March 2026, without any change in the funding pattern, with a budgetary outlay of Rs 50 crore.
  • The performance of Gram Nyayalayas will be reviewed every year to evaluate its efficacy in providing speedy and affordable justice to rural people.

Gram Nyayalayas

• Gram Nyayalayas Act, 2008 was enacted to establish Gram Nyayalayas or village courts for speedy and easy access to the justice system in rural areas across.
  • The Act came into force on 2 October 2009. However, the Act has not been enforced properly, as per information made available by State Governments / High Courts, 476 Gram Nyayalayas have been notified so far by 15 States. Out of these 256 are operational in 10 States at present.
  • The major reason behind the non-enforcement includes financial limitations, and the unwillingness of lawyers, police and other government officials.
• The Gram Nyayalayas Act, of 2008 provided for ‘Gram Nyayalayas’ at the grassroots level for providing access to speedy and affordable justice to citizens at the doorstep.
  • It also aimed to ensure that opportunities for securing justice were not denied to anyone because of social, economic or other disabilities.
• The Act extends to the whole of India, except to the States of Nagaland, Arunachal Pradesh, Sikkim and to the tribal areas of the 6th Schedule to the Indian Constitution within the States of Assam, Meghalaya, Tripura and Mizoram.
• The Gram Nyayalayas are presided over by a Nyayadhikari, who will be appointed by the State Government in consultation with the respective High Court.
  • Nyayadhikari enjoys the same salary and benefits as a Judicial Magistrate of First Class.
• A Gram Nyayalaya has jurisdiction over an area determined by the State Government in consultation with the respective High Court.
  • They have both civil and criminal jurisdiction over the offences.
  • The Court can also function as a mobile court.
• Key Features of the Gram Nyayalayas Act;
  • Gram Nyayalayas established for every Panchayat at the intermediate level or for a group of contiguous Gram Panchayats;
  • The seat of the Gram Nyayalayas shall be located at the headquarters of the intermediate Panchayat.
  • The Nyayadhikari shall periodically visit villages and may hear the parties and dispose of the cases at a place other than its headquarters;
  • The Gram Nyayalayas try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule of the Act.
  • Disputes are to be settled as far as possible by bringing about conciliation between the parties and for this purpose, the Gram Nyayalayas will make use of the conciliators to be appointed for this purpose.
  • The Gram Nyayalaya shall not be bound by the rules of the Indian Evidence Act, but shall be guided by the principles of natural justice subject to any rule made by the High Court.

https://www.tribuneindia.com/news/nation/states-apathy-has-made-gram-nyayalayas-almost-defunct-says-parliamentary-panel-464468