Gram Nyayalayas

Context (TH): The Supreme Court has sought a full report from States and High Courts on the establishment and functioning of gram nyayalayas.
Gram Nyayalayas are deemed a Court of Judicial Magistrate of First Class with civil and criminal jurisdiction to settle petty disputes at the village level.
The creation of Gram Nyayalayas was first suggested by the Law Commission of India in 1986 in its 114th Report.

Gram Nyayalayas Act of 2008

The Act provides for the establishment of Gram Nyayalayas at the intermediate Panchayat level or a group of contiguous Panchayats at the intermediate level in a district or where there is no Panchayat at the intermediate level in any State, for a group of contiguous Gram Panchayats.
The State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does not make setting up of Gram Nyayalayas mandatory.
Gram Nyayalayas are to remain ‘mobile’ & conduct periodic visits to the villages within their jurisdiction.
The Central Government meets the non-recurring expenditure on establishing Gram Nyayalayas subject to a ceiling of Rs. 18 lakhs.
It is headquartered at intermediate Panchayat or any other place as notified by the State Government.

Each Gram Nyayalaya will be headed by a Nyayadhikari, who must possess the qualifications of a Judicial Magistrate of the First Class.
The State Government shall appoint S/he in consultation with the respective High Court.
The Nyayadhikaris will strictly be a judicial officer and derive the same salary and powers as First Class Magistrates working under High Courts.

It shall exercise the powers of both Criminal and Civil Courts and try such cases which are specified in the First Schedule and the Second Schedule to the Act.
The First and Second Schedules can be amended by both the Central and State Governments as per their legislative competencies.

The Gram Nyayalaya is supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties. For this purpose, it can use the appointed conciliators.

The judgment/order passed by the Gram Nyayalaya shall be deemed to be a decree, and to avoid delay in its execution, the Gram Nyayalaya shall follow a summary procedure.
In both civil and criminal cases, Gram Nyayalayas are not bound by the provisions of the Indian Evidence Act. It shall be guided by the principles of natural justice, & subject to any rule made by the High Court.

The State Government shall determine the nature and categories of the officers and other employees required to assist a Gram Nyayalaya and their salaries would be decided by State Government.

The proceedings before the Gram Nyayalaya and its judgment shall, as far as practicable, be in one of the official languages of the State other than the English language.

Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within six months from the filing date of such appeal.
Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within six months from the date of filing of the appeal.

A person accused of an offence may file an application for plea bargaining in Gram Nyayalaya in which such offence is pending trial.

The High Court may authorize any judicial officer superior in rank to the Nyayadhikari to inspect the Gram Nyayalayas within his jurisdiction once every six months or such other period as the High Court may prescribe.

Reduced pendency of cases at the lower level.
Simple and inexpensive justice through simplified procedural laws, inexpensive settlement of disputes, and doorstep delivery of justice, thus making the concept of ‘Participatory Justice’ a reality.
Maintains social harmony through focus on alternative dispute resolution, such as conciliation.
Maintaining an inclusive judiciary through appointment of social workers as conciliators.
Ancient cultural legacy as it reflects India’s long held tradition of Panchayat-based justice in rural areas.

Non-cooperation of enforcement agencies & state functionaries to setup Gram Nyayalayas. As against a requirement of 6,000-odd gram nyayalayas, only 481 have been set up, of which only 309 are functional.
Lack of infrastructure like buildings, office spaces, lack of manpower resources, regular cadre of Gram Nyayadhikari, etc.
Dismal performance: The number of disputes settled by Gram Nyayalayas are negligible and most are referred to District forums by appeal, thus, increasing the burden of District Courts and delaying justice.
Overlapping jurisdiction: Many states have established regular courts with concurrent jurisdiction at Taluk level thereby lessening the need for such institutions.
Scarcity of candidates: The pool of eligible legal professionals willing to serve as Nyayadhikaris in remote rural areas is limited.
Ensuring continuity and consistency through mobile courts: Regular movement may affect the consistency of proceedings and the ability to maintain records effectively.
Defining boundaries: Clearly demarcating the jurisdiction of Gram Nyayalayas vis-à-vis other local courts is complex and can lead to confusion.

Mass awareness campaigns with the aim of sensitising stakeholders on the utility and benefits.
Establishing permanent Gram Nyayalayas, making it mandatory for new judicial officers to serve in these institutions.
Establishing a dedicated budget to ensure that these courts are properly funded and staffed.
The consistency of legal interpretations between Gram Nyayalayas and higher courts must be maintained to avoid conflicting judgments.
Streamlining the provisions for the transfer of cases & appeal process to prevent jurisdictional disputes.