Gram Nyayalayas

The right to justice and receiving justice easily within a reasonable time is an essential part of human rights. In a democracy, the Judiciary is an integral pillar with the Legislature and Executive, as preserved in the constitution. For a country like India with poorly connected villages, access to justice for the poor and marginalised remains a constant problem. The statement “Justice delayed is justice denied” is all the more true for citizens of remote regions of the country. Due to the increasing number of pending cases in various courts, the need for Gram Nyayalayas was acutely felt to ensure citizens from rural India can also have easy, fast, and affordable access to justice. Parliament passed the Gram Nyayalayas Bill in 2008, and the Act came into effect in October 2009.

What Are Gram Nyayalayas?

Gram Nyayalayas are village courts established to ensure that rural people have easy, fast, and affordable access to justice. 

What Are the Features of the Gram Nyayalayas Act?

The salient features of the Gram Nyayalayas Act are:

1. Gram Nyayalayas are generally established at every Panchayat headquarters. In cases where there is no Panchayat at the intermediate level, the Gram Nyayalaya is set up conveniently in a group of connected Panchayats in a district.
2. A Gram Nyayalaya has jurisdiction over a region, which the state governments will specify in consultation with the High Courts. The Gram Nyayalaya can also function as a mobile court at any place within its jurisdiction.
3. The Gram Nyayalayas will be presided over by a Nyayadhikari, who will have the same power and enjoy the same salary and benefits as a first-class Judicial Magistrate. State governments will appoint the Nyayadhikaris in active consultation with the respective state High Courts. 
4. The Gram Nyayalayas will have civil and criminal jurisdiction over offences and suits specified in the relevant schedules of the Gram Nyayalaya Act.
5. The fees for civil cases shall not be more than ₹100, and this fee will be independent of the property’s value in dispute.
6. The central and the state governments can make changes to Schedules-I and II, as per procedures laid down and with due legislative processes. 
7. Offences are to be tried as per the provisions of Chapter XXI of the Code of Criminal Procedure.
8. Plea bargaining is allowed as per the Gram Nyayalayas Act, specifically as per the Code of Criminal Procedure provisions.
9. Gram Nyayalayas are authorised to follow special procedures in case of civil matters in the interest of justice and follow a method that the Nyayalaya deems reasonable.
10. Civil cases will be taken up daily with limited adjournments to ensure they are disposed of within six months from filing suits.
11. While executing a judgement, the Nyayalaya can allow special procedures in the interest of natural justice.
12. Reconciliation and settlement of disputes will be allowed by the Gram Nyayalayas at the first available opportunity. 
13. Gram Nyayalayas are empowered to accept certain evidence which otherwise is not acceptable under the Indian Evidence Act.
14. Appeals about civil matters can be made to the District Court, and requests about criminal issues can be made to the jurisdictional Sessions Court. Such appeals are to be made within one month from the date of judgement.

The Review of Progress and Challenges in Gram Nyayalayas

As per information shared by the central government in 2021, there are 256 Gram Nyalayas operational in 10 states, against a target of 5000 across the country.

a) The challenges observed in the Gram Nyayalaya operations and expansion include:

• Lack of infrastructures like court and office buildings and related equipment.
• Poor availability of essential resources like workforce, notaries, and stamp vendors, at the sub-district level.
• Ineffective central financial assistance.
• In some cases, state governments are reluctant to apply the rule on the jurisdiction of Gram Nyayalayas.
• The setting up of Taluk level institutions providing legal services has reduced people’s willingness to approach Gram Nyayalayas for justice.
• Non-cooperation of enforcement agencies.

b) Reviewing the progress of Gram Nyayalayas, let us look at the criticism of Gram Nyayalayas by experts:

• The number of disputes settled by Gram Nyayalayas is negligible. Besides, the tendency to refer conflicts to district courts increases their burden, defeating the very purpose of establishing Gram Nyayalayas.
• The availability of alternate dispute mechanisms, tribunals, and adalats working in parallel creates jurisdictional doubts.
• Some Gram Nyayalayas are located in cities and towns, which are difficult to access for people in villages.
• Limited and poor awareness amongst stakeholders.
• Appointments and posting of Nyayadhikaris are constrained by the absence of a regular cadre for the position.

Conclusion:

The need for Gram Nyayalayas was acutely felt when measures like alternate dispute redressal mechanisms, fast track courts, and free legal aid weren’t effective in ensuring speedy access to justice and inexpensive dispute settlements in the villages. Gram Nyayalays were visualised to ensure the rural population in the villages has access to an affordable and fast justice system. Criticism of Gram Nyayalayas by experts is generally considered relevant when its progress is reviewed concerning its original purpose of the justice system initiative.