Gram Nyayalaya

Gram Nyayalayas or Village courts are part of the lowest tier of the Indian Judicial System and work with the local panchayats. The origin of the term Gram Nyayalayas comes from the Hindi words ‘Gram’ and ‘Nyayalaya’, which means ‘Village’ and ‘Court of law’, respectively. Established under the Gram Nyayalaya act (2008), these local courthouses are mobile to facilitate easy and quick access to justice right at the doorstep of rural citizens. A Nyayadhrikari or presiding officer is appointed for every gram nyayalaya by the state government. Read more about Gram Nyayalayas in this study material. 

Gram Nyayalayas Act, 2008

To ensure the availability of fast and inexpensive judicial proceedings in rural parts of India, the Law Commission of India proposed the idea of establishing Gram Nyayalayas in its 114th report (1986). The motive behind it was that no citizen of the country should be denied justice because of any form of shortcoming (economical, social or physical). The government picked up this idea, and later on 22nd December 2008, the Gram Nyayalaya Act was passed by the parliament. It came into force by October 2009. The act is valid for all Indian states and union territories except Jammu and Kashmir, Nagaland, Arunachal Pradesh, Sikkim and the tribal areas specified in the sixth schedule of the Indian Constitution. 

Features of the Gram Nyayalayas Act

Following are some essential features of the same for Gram Nyayalaya UPSC preparations-

• For every panchayat at an intermediate level, there can be one or more than one Gram Nyayalaya. It can also be established for a group of adjacent panchayats in a district. 
• The headquarters of the Gram Nyayalaya will be established in the same place as the headquarters of the panchayat it is working within or any place authorised by the government. 
• A Nyayadhikari will be appointed for every Nyayalaya by the State government and High Court. They will be responsible for regularly visiting and addressing every dispute within the mentioned area of jurisdiction. 
• Gram Nyayalaya has been given the authority to accept evidence that isn’t to be accepted under the Indian Evidence Act.
• The Gram Nyayalaya will have its seal. 

Jurisdiction of the Gram Nyayalaya

The Gram Nyayalaya addresses both civil and criminal matters as long as those are specified in the First Schedule and Second Schedule of the Gram Nyayalayas Act. The court is supposed to follow a summary procedure in a criminal trial. Summary procedures, as the name suggests, settle the cases in short and quick trials. Only minor offences are dealt with in these trials. In case of civil disputes, the Nyayadhikari should try to persuade the parties to reach an agreement and settle the issue within themselves. For this purpose, local social activists in the form of mediators are appointed. If the disagreement persists, then the trial can be held. The judgement to the cases must be delivered in open court either immediately after the trial or within 15 days from when the trial ends. A copy of the judgement is to be given to both parties free of cost. 

Present Condition of Gram Nyayalayas 

Today, the funding to these local bodies of justice are looked over by the central government under the Gram Nyayalaya Scheme. As part of this, a maximum of 18 lakhs will be provided to establish the Gram Nyayalayas. After this, the central government provides 3.2 lakhs per annum for the first three years as operating expenses to these mobile courthouses. So far, under this 476, Gram Nyayalayas are put up by the government of India to maintain peace and civility at the intermediate level. Out of these, 256 of these are fully functional and stand as the pillars of justice in 10 states of India. The government is putting effort into providing regular funds to expand these bodies and develop the currently established ones. 

Limitations of the Gram Nyayalayas 

• Despite the government’s efforts, there is a lack of proper trial houses, workplaces and supplies required to carry out the work.
• There is a lack of trained personnel for the job of Nyayaydhikari, clerk etc. 
• Lack of awareness is persistent among the rural people for Gram Nyayalayas. 
• The entire purpose of lessening the burden of district courts is defeated when most of the cases are transferred elsewhere by default. 
• Rural people often face communication difficulties and aren’t comfortable with the officials of a different environment. 
• Lack of accessibility to Gram Nyayalayas due to transportation or distance problems. 

Other problems involve lack of specification of the jurisdiction, inadequate funding from the government and lack of support from the police. 

Measures to Improve the Situation of Gram Nyayalayas

To improve the current working of the gram nyayalayas, the following measures can be undertaken: 

• Proper funding to be arranged and allocated for the issue and maintenance of proper infrastructure. 
• Educating and spreading awareness about the benefits and functions of Gram Nyayalaya in rural areas. 
• Imparting proper training to the officials associated with the body.
• Establishment of more Gram Nyayalayas to make it accessible to all rural inhabitants. 

Conclusion

Gram Nyayalayas are mobile courthouses established to provide quick and reliable justice at a low cost to rural people. These courts function under the Gram Nyayalayas Act, 2008 and deal with civil and criminal cases. The government has taken various measures to improve the condition of these village courts, but the absolute success of this mission is still a long journey.