What are Gram Nyayalayas?

 Why in the news?

The Supreme Court recently stated that setting up Gram Nyayalayas nationwide would enhance access to justice.

Gram Nyayalayas are considered Courts of Judicial Magistrates of the First Class, with both civil and criminal jurisdiction to resolve minor disputes at the village level.

The concept of Gram Nyayalayas was initially proposed by the Law Commission of India in its 114th Report in 1986.

Gram Nyayalayas Act of 2008

The Act provides for the creation of Gram Nyayalayas at the intermediate Panchayat level or for a group of contiguous Panchayats at the intermediate level in a district. If there is no intermediate Panchayat, they can be established for a group of contiguous Gram Panchayats.

The responsibility for setting up Gram Nyayalayas lies with the State Governments, who must consult with the respective High Courts. However, the Act does not mandate their establishment.

Gram Nyayalayas are designed to be ‘mobile’ and are required to make periodic visits to the villages within their jurisdiction.

The Central Government covers the non-recurring expenses for establishing Gram Nyayalayas, up to a limit of Rs. 18 lakhs.

The headquarters of a Gram Nyayalaya is located at the intermediate Panchayat or another place as specified by the State Government.

Headed by

• Each Gram Nyayalaya will be led by a Nyayadhikari, who must meet the qualifications required for a Judicial Magistrate of the First Class.
• The State Government will appoint the Nyayadhikari in consultation with the respective High Court.
• Nyayadhikaris will serve as judicial officers, receiving the same salary and authority as First Class Magistrates under the High Courts.

Jurisdiction

• The Gram Nyayalaya will have the authority to exercise the powers of both Criminal and Civil Courts, handling cases outlined in the First Schedule and the Second Schedule of the Act.
• Both the Central and State Governments have the authority to amend the First and Second Schedules according to their legislative powers.

Settlement of Disputes

• The Gram Nyayalaya aims to resolve disputes primarily through conciliation between the parties involved. To facilitate this, it can employ appointed conciliators.

Judgment

• The judgment or order issued by the Gram Nyayalaya will be considered a decree. To prevent delays in execution, the Gram Nyayalaya will use a summary procedure.
• In both civil and criminal cases, Gram Nyayalayas are not constrained by the Indian Evidence Act. Instead, they will adhere to the principles of natural justice and any rules established by the High Court.

Officers for Assistance

• The State Government will define the types and categories of officers and other staff needed to support a Gram Nyayalaya, and will also set their salaries.

Language of Proceedings

• Proceedings before the Gram Nyayalaya and its judgments will be conducted, as far as possible, in one of the State’s official languages, with English excluded.

 Appeal

• Appeals in criminal cases can be made to the Court of Session, which must hear and resolve the appeal within six months from the filing date.
• Appeals in civil cases can be made to the District Court, which is required to hear and resolve the appeal within six months from the date of filing.

Plea Bargaining

• An individual accused of an offence may submit a plea bargaining application to the Gram Nyayalaya where the case is pending trial.

Inspection of Gram Nyayalayas

• The High Court may authorize a judicial officer of higher rank than the Nyayadhikari to inspect the Gram Nyayalayas within its jurisdiction once every six months or at intervals specified by the High Court.

Significance of Gram Nyayalayas

• They help reduce the backlog of cases at the lower court levels.
• They provide simple and cost-effective justice by simplifying procedural laws, offering affordable dispute resolution, and delivering justice at the doorstep, thus realizing the concept of ‘Participatory Justice.’
• They promote social harmony by emphasizing alternative dispute resolution methods, such as conciliation.
• They support an inclusive judiciary by appointing social workers as conciliators.
• They reflect India’s ancient cultural legacy by upholding the traditional Panchayat-based justice system in rural areas.

Challenges in the Functioning of Gram Nyayalayas

• Lack of cooperation from enforcement agencies and state officials has hindered the establishment of Gram Nyayalayas. While around 6,000 were planned, only 481 have been set up, and just 309 are currently operational.
• There is a shortage of infrastructure, including buildings, office space, and a dedicated cadre of Gram Nyayadhikaris.
• Performance issues: The number of disputes resolved by Gram Nyayalayas is minimal, with many cases being referred to District forums on appeal, thus increasing the workload of District Courts and causing delays in justice.
• Overlapping Jurisdiction: The presence of regular courts with concurrent jurisdiction at the Taluk level in many states diminishes the need for Gram Nyayalayas.
• Limited candidate pool: Few eligible legal professionals are willing to serve as Nyayadhikaris in remote rural areas.
• Maintaining consistency and continuity: The mobile nature of Gram Nyayalayas may impact the consistency of proceedings and record-keeping.
• Defining jurisdiction: Delineating the jurisdiction of Gram Nyayalayas about other local courts is challenging and can lead to confusion.

Way Forward

• Launch mass awareness campaigns to educate stakeholders about the benefits and utility of Gram Nyayalayas.
• Establish permanent Gram Nyayalayas and require new judicial officers to serve in these institutions as part of their duties.
• Create a dedicated budget to ensure proper funding and staffing for these courts.
• Ensure consistency in legal interpretations between Gram Nyayalayas and higher courts to prevent conflicting judgments.
• Streamline the processes for transferring cases and handling appeals to avoid jurisdictional disputes.

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