Gram Nyayalayas | 16 Jul 2024

Source: TH

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 are the Supreme Court's Concerns Regarding Gram Nyayalayas?

• 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.
• 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.
• 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.
• 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.
• 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.

What are Gram Nyayalayas?

• About: The concept of Gram Nyayalayas was proposed by the Law Commission of India in its 114th Report to provide affordable and quick access to justice for citizens in rural areas. 
  • Article 39A of the Indian Constitution ensures that the legal system promotes justice and provides free legal aid to ensure equal opportunities for all citizens, regardless of economic or other disabilities.
  • This vision was realised with the passage of the Gram Nyayalayas Bill in 2008, and the subsequent implementation of the Gram Nyayalayas Act, in 2009. 
  • Gram Nyayalayas 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.
  • The Act extends to the whole of India, excluding Nagaland, Arunachal Pradesh, Sikkim, and certain tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
• Salient Features:
  • 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. 
  • Presiding Officer: The presiding officer, known as the Nyayadhikari, is appointed by the State Government in consultation with the High Court.
    • Nyayadhikaris are strictly judicial officers with the same salary and powers as First Class Magistrates functioning under High Courts.
  • 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.
  • Conciliation Efforts: These courts emphasise conciliation between parties to settle disputes, using appointed conciliators for this purpose.
  • 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.
• 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.

  • 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. 

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

Way Forward

• Target Setting: Set clear and time-bound targets for Gram Nyayalaya establishment based on population density and caseload.
  • Conduct training programs for Nyayadhikaris, conciliators, and other stakeholders.
  • Link central government funding to the successful implementation of Gram Nyayalayas, incentivizing states to prioritise these courts.
• Address Resistance in Tribal Areas: Engage with tribal communities to address concerns and develop culturally sensitive procedures for Gram Nyayalayas. Ensure Gram Nyayalayas complement traditional justice systems, not replace them.
• Clarifying Boundaries: Clearly define the jurisdiction of Gram Nyayalayas  vis-à-vis specialised courts. This eliminates confusion and ensures efficient case allocation.
• Monitoring and Evaluation: Develop a robust data collection system to track Gram Nyayalaya performance and identify areas for improvement. Periodic performance evaluations and public reporting to ensure transparency and accountability.
• Rural Outreach Campaigns:  Launch targeted public awareness campaigns in rural areas. Utilise local media and community leaders to educate citizens about Gram Nyayalayas and their benefits.