Gram Nyayalaya

The Law Commission of India in its 114th report recommended the establishment of Gram Nyayalayas for providing speedy, substantial and inexpensive justice. Subsequently, the Parliament of India passed the Gram Nyayalayas Act, 2008 providing for its establishment.

The Gram Nyayalaya Act 2008 has been enacted to establish Gram Nyayalayas at the grass root level for the purpose of providing access to justice to the citizens at their door steps and to ensure that opportunities for securing justice are not denied to any citizen by means of social, economic or other disabilities.

• The Act also makes the judicial process participatory and decentralised because it allows appointment of local social activists and lawyers as mediators/ reconciliators. To make the judiciary responsive to local socio-economic situation, it prescribes representation from scheduled castes and scheduled tribes.
• There is also a provision of setting up mobile courts at the panchayat level. As per the Act, Gram Nyayalayas can hear both criminal and civil cases and appeals in civil cases will have to be disposed of in six months.
• Establishing courts at each one of the 260,000 gram panchayats would involve huge expenditure by state governments. Therefore, it was decided that gram nyayalayas would have jurisdiction over more than one panchayat. Still finance is the main stumbling block because no state wants to burden its exchequer
• Apart from finance and political will, lack of coordination between high courts and state governments has also delayed setting up of Gram Nyayalayas.

Establishment of Gram Nyayalyas

Gram Nyayalayas, a pivotal development in India's judicial landscape, were established to bring justice closer to the grassroots level. Envisioned under the Gram Nyayalayas Act, 2008, these rural courts were brought into existence to address the longstanding issue of legal inaccessibility faced by rural communities.

Section 3 of Gram Nyayalayas Act 2008 empowers the State Government to establish these courts, ensuring that they are within easy reach of the rural population. These Nyayalayas serve as a beacon of hope for millions residing in remote villages, offering a cost-effective and speedy resolution of disputes.

Section 11 of the Act grants Gram Nyayalayas the authority to deal with civil and criminal matters, promoting efficient dispute resolution and reducing the burden on higher courts. Additionally, Section 12 emphasizes the principles of natural justice, ensuring fairness in the proceedings.

In sum, the establishment of Gram Nyayalayas under the Gram Nyayalayas Act, 2008, not only democratizes access to justice but also upholds the fundamental rights of citizens, fostering a more equitable legal system in India.

Composition

• They are presided over by a Nyayadhikari, appointed by the State Government in consultation with the High court , 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.
• It shall be established for every Panchayat at the intermediate level or a group of contiguous Panchayats at the intermediate level in a district.

Jurisdiction of Gram Nyayalaya

• Section 3(1) of the Act, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.
• A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
• The Act authorizes the Gram Nyayalaya to hold mobile court outside its headquarters.
• They have both civil and criminal jurisdiction over the offences.
• Gram Nyayalayas has been given power to accept certain evidences which would otherwise not be acceptable under Indian Evidence Act.

Issues in Gram Nyayalaya

• Lack of enforcement  : The Act mandated setting up of 5,000 village courts . But only 172 have been set up. Of these, 152 are functional. Only nine states have notified gram nyayalayas and of these nine states, only four have functional courts. It shows lack of enforcement of act.
  • The major reason behind the non-enforcement includes financial constraints, reluctance of lawyers, police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas.
• Location issues : They are generally located at cities and towns which does not provide any utility to villagers.
• Financial constraints : Establishing courts at each one of the 260,000 gram panchayats would involve huge expenditure by state governments. Therefore, it was decided that gram nyayalayas would have jurisdiction over more than one panchayat. That is how the Centre decided to set up 5,000 gram nyayalayas. Still finance is the main stumbling block. 
• Lack of infrastructure : 
  • Like buildings, office spaces and related equipment
  • Lack of man-power resources, notaries, stamp vendors etc. at sub-district level
• Ill-defined jurisdiction :
  • There is ambiguity and confusion regarding the specific jurisdiction of Gram Nyayalayas, due to the existence of alternative forums such as labour courts, family courts, etc.
• Negligible dispensation of cases :  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.