Gram Nyayalayas

Context:

The Supreme Court has requested a comprehensive report from States and High Courts on the establishment and functioning of Gram Nyayalayas

Overview:

• Definition: Gram Nyayalayas are village courts deemed to be Courts of Judicial Magistrate of First Class, having civil and criminal jurisdiction to resolve minor disputes at the village level.
• Law Commission Recommendation: The concept was first recommended by the Law Commission of India in its 114th Report in 1986.

Gram Nyayalayas Act of 2008:

• Establishment: Gram Nyayalayas are to be established at the intermediate Panchayat level or a group of contiguous Panchayats in a district. If no intermediate Panchayat level exists, a group of contiguous Gram Panchayats may have a Gram Nyayalaya.
• Responsibility: State Governments are responsible for establishing Gram Nyayalayas in consultation with their respective High Courts. However, the establishment is not mandatory under the Act.
• Mobility: Gram Nyayalayas are meant to be mobile, conducting periodic visits to villages within their jurisdiction.
• Funding: The Central Government covers the non-recurring expenditure for establishing Gram Nyayalayas, up to a ceiling of Rs. 18 lakhs.
• Headquarters: Located at the intermediate Panchayat or any other place as notified by the State Government.

Leadership:

• Nyayadhikari: Each Gram Nyayalaya is headed by a Nyayadhikari, who must possess the qualifications of a Judicial Magistrate of the First Class.
• Appointment: The Nyayadhikari is appointed by the State Government in consultation with the High Court.
• Role and Powers: Nyayadhikaris are judicial officers with the same salary and powers as First Class Magistrates under High Courts.

Jurisdiction:

• Scope: Gram Nyayalayas have the powers of both Criminal and Civil Courts and handle cases specified in the First and Second Schedules of the Act.
• Amendments: The Central and State Governments can amend the First and Second Schedules according to their legislative competencies.

Dispute Resolution:

• Conciliation: Gram Nyayalayas aim to settle disputes through conciliation between parties using appointed conciliators.

Judgment and Procedure:

• Decrees: Judgments or orders passed by Gram Nyayalayas are considered decrees and follow a summary procedure to avoid delays.
• Evidence Act: Gram Nyayalayas are not bound by the Indian Evidence Act but are guided by principles of natural justice, subject to rules made by the High Court.

Support Staff:

• Appointment: The State Government determines the officers and employees required to assist a Gram Nyayalaya and decides their salaries.

Language:

• Proceedings: The proceedings and judgments of Gram Nyayalayas are conducted in one of the official languages of the State, excluding English, as far as practicable.

Appeals:

• Criminal Cases: Appeals in criminal cases go to the Court of Session and must be resolved within six months.
• Civil Cases: Appeals in civil cases go to the District Court and must be resolved within six months.

Plea Bargaining:

• Applications: Accused persons may file for plea bargaining in Gram Nyayalayas.

Inspection:

• Oversight: The High Court may authorize a superior judicial officer to inspect Gram Nyayalayas within their jurisdiction every six months or as prescribed.

Significance:

• Reduced Pendency: Gram Nyayalayas reduce the backlog of cases at the lower level.
• Affordable Justice: They provide simple, inexpensive justice through streamlined procedures and local accessibility.
• Social Harmony: Focus on alternative dispute resolution promotes social harmony.
• Inclusivity: Involves social workers as conciliators and reflects India’s tradition of Panchayat-based justice.

Challenges:

• Non-cooperation: Lack of cooperation from enforcement agencies and state functionaries.
• Infrastructure: Insufficient buildings, office spaces, and manpower resources.
• Performance: Low number of cases settled, with many referred to District Courts.
• Overlapping Jurisdiction: Regular courts with concurrent jurisdiction lessen the need for Gram Nyayalayas.
• Limited Candidates: Few eligible legal professionals willing to serve in rural areas.
• Mobility Issues: Regular movement may affect consistency and record-keeping.
• Jurisdiction Clarity: Demarcating jurisdiction vis-à-vis other local courts is complex.

Way Forward:

• Awareness Campaigns: Sensitizing stakeholders on the benefits and utility of Gram Nyayalayas.
• Permanent Establishment: Making it mandatory for new judicial officers to serve in Gram Nyayalayas.
• Dedicated Budget: Ensuring proper funding and staffing.
• Consistency: Maintaining consistent legal interpretations between Gram Nyayalayas and higher courts.
• Streamlining Procedures: Simplifying transfer and appeal processes to prevent jurisdictional disputes.