2.4.3. Gram Nyayalayas

The Gram Nyayalaya Act, 2008 aims to improve access to justice in rural India. Gram Nyayalaya is established for every Panchayat or a group of contiguous Panchayats at intermediate level in a district.

♤ The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy same salary and benefits of a Judicial Magistrate of First Class. Such Nyayadhikari are to be appointed by the State Government in consultation with the respective High Court.

♤ A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.

♤ The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.

♤ They have both civil and criminal jurisdiction over the offences.

♤ The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.

♤ Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.

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

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

Gram Nyayalaya has all the mandates for providing inexpensive and speedy justice in rural areas:

♤ It makes the judicial process participatory and decentralised because it allows appointment of local social activists and lawyers as mediators/reconciliators.

♤ It has provided a statutory alternative to the informal/traditional panchayat system (for instance- khap system in North India) plagued with casteism etc.

♤ It ensures that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities (Article 39A).

♤ It goes a step further in seeking to improve physical access of people to courts by providing for mobile courts by the Nyayadhikari where trials and proceedings can take place even outside traditional headquarters.

♤ It mandates that the gram nyayalaya should decide cases within a period of six months from the date of its institution.

♤ It directs to conduct proceedings of gram nyayalayas in the official language of the state making it more accessible.

However, actual implementation of the Act has been subpar. Presently only 11 states have taken steps to notify Gram Nyayalayas .Only 208 Gram Nyayalayas are functioning in the country. In some of the States, they are not functioning despite being notified. Very few States have shown eagerness to establish the Gram Nyayalayas and not a single Gram Nyayalaya has become operational in North- Eastern States. Further, they are also grappling with various issues:

♤ Overlapping jurisdiction: Majority of states have set up regular courts at the taluk level instead of setting up Gram Nyayalayas as per the 2008 Act. Further, there is ambiguity regarding the specific jurisdiction of Gram Nyayalayas, due to the existence of alternative forums such as family courts etc.

♤ Shortage of human resources: The progress is affected by non-availability of judicial officers to function as Gram Nyayadhikaris, notaries, stamp vendors etc. Further, other infrastructure is also grossly inadequate.

♤ Funds: The slow pace of utilisation of funds under the Scheme is mainly due to the lack of proposals from the States for setting up of Gram Nyayalayas. While some states were facing problems like inadequate amount of funds allocation and the acquisition of land for the establishment of Gram Nyayalayas.

♤ Functioning: Gram Nyayalayas have been established on a part-time basis (weekly once or twice) and are not in addition to the existing courts. However, in reality, these courts are held only once or twice a month and in certain cases, the frequency is even worse.

♤ Functionaries: In the absence of a separate cadre of Gram Nyayadhikari, the Gram Nyayalayas are presided over by First Class Judicial Magistrates or Civil Judges or in a few cases Chief Judicial Magistrates who are already over-burdened with their regular judicial work.

♤ Lack of awareness: Many of the stakeholders including the litigants, lawyers, police officers and others are not even aware about the existence of Gram Nyayalayas in the district court premises and no substantial efforts regarding awareness have been taken.

♤ Low case disposal rate: One of the objectives of the Act was to reduce pendency and burden on lower courts in the district but the study revealed that even this has not been fulfilled. The number of cases disposed by Gram Nyayalayas is negligible and that they do not make any substantial difference in the overall pendency in the subordinate courts.

♤ Security issues: There has been lack of cooperation from lawyers and Public Prosecutors due to the lack of economic viability or incentives/allowance, security issues, unsafe location of a Gram Nyayalaya (sometimes being close to a forest, where crime rates are high), etc.

Some Measures that can be taken to improve the efficiency and functioning of Gram Nyayalaya are:

♤ Training of Gram Nyayadhikari The infrastructure and security are grossly inadequate.to increase awareness regarding legal and procedural requirements of Gram Nyayalayas. It may also include the local language of the community amongst whom they are posted.

♤ Building infrastructure by establishing separate building for the functioning of the Gram Nyayalaya as well as for the accommodation of the Gram Nyayadhikaris and other staff.

♤ Suitable steps including conferences, seminars etc. needs be taken for creating awareness

among various stakeholders including the revenue and police officers.

♤ Appointment as Gram Nyayadhikaris could be made a compulsory service for a certain period for a newly recruited judicial officer to the regular cadre of first class judicial magistrates or civil judges, to ensure adequate personnel in Gram Nyayalaya.

♤ The Jurisdiction of the Gram Nyayalayas may be redefined in order to remove the ambiguities regarding the jurisdiction of Gram Nyayalayas.