Specialized Courts: Family Court, Commercial Courts, And Gram Nyayalayas

Introduction

Specialized courts are judicial bodies designed to handle specific types of cases or disputes. Family courts specialize in matters related to family law, such as divorce, child custody, adoption, and domestic violence. Commercial courts, on the other hand, focus on resolving commercial disputes arising from business transactions, contracts, and corporate matters. Gram Nyayalayas, also known as village courts, are established in rural areas to provide justice at the grassroots level, particularly addressing local disputes and minor criminal offenses within villages.

Family Court

Family Court Act 1984: Conciliation and speedy settlement of disputes related to marriage and family issues.

Features of Family Court

• Establishment Procedure: Establishment of a family court by the state government in consultation with the high court.
• Mandatory Establishment: Obligatory for the State Government to constitute a family court in every city or town with a population exceeding one million. 
  • Enables state govt to establish a family court in other areas if deemed necessary.
• Exclusive Jurisdiction: Matrimonial relief; Property of spouses; Declaration of legitimacy of one person; Guardianship of a person or custody of any minor; Maintenance of wife, children and parents.
• Reconciliation Process: Obligatory for the Family Court to effect a reconciliation first. During this stage, the proceedings will be informal and rigid rules of procedure shall not apply.
• No right to be represented by a legal practitioner. However, the Court may, in the interest of justice, seek the assistance of a legal expert as Amicus Curiae.
• Simplification of Rules:  It simplifies the rules of evidence and procedure to enable a Family Court to deal effectively with a dispute.
• Only one right to appeal to the High Court.

COMMERCIAL COURTS

The Commercial Courts Act, 2015, was enacted to establish Commercial Courts, Commercial Appellate Courts, Commercial Divisions, and Commercial Appellate Division in High Courts.

• These courts are designated to adjudicate commercial disputes of specified value.
• The term ‘commercial dispute’ is broadly defined to include disagreements arising from typical transactions of merchants, bankers, financiers, and traders.

Features

• State Governments have the authority to establish Commercial Courts at the district level to handle commercial disputes of a specified value.
• Commercial Appellate Courts at the District Judge level may be designated to exercise appellate jurisdiction over Commercial Courts below the District Judge level.
• Simplification of Rules: In High Courts with ordinary original civil jurisdiction, the Chief Justice can constitute a Commercial Division for handling commercial disputes of a specified value.
• Appellate Division: The Chief Justice of the concerned High Court shall form a Commercial Appellate Division to hear appeals against orders of Commercial Courts and the Commercial Division.
• Specified Value Threshold: The specified value for commercial disputes must not be less than 3 lakh rupees or such higher value which may be notified by the Central Government. 
  • In 2018, the specified value of commercial disputes was reduced from the earlier 1 crore rupees to 3 lakh rupees.
• Mandatory Mediation: It is introduced before instituting a suit without urgent interim relief, and a Pre-Institution Mediation and Settlement Mechanism is established. 
  • The Central Government may empower authorities under the Legal Services Authorities Act, 1987, for pre-institution mediation purposes.

GRAM NYAYALAYAS

• Article 39A: The State to  ensure that the legal system functions to advance justice on the principles of equal opportunity, and offer free legal aid to guarantee that access to justice is not hindered for any citizen due to economic or other limitations.
• Government Initiatives: The government has implemented several initiatives to bolster the judicial system, including simplifying procedural laws, integrating alternative dispute resolution mechanisms like arbitration, conciliation, and mediation, and organizing Lok Adalats, among other measures.
•  114th Report of the Law Commission of India: Suggested establishment of Gram Nyayalayas so that speedy, inexpensive and substantial justice could be provided to the common man.
• Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grassroots level which is broadly based on the recommendations of the Law Commission

Features of the Gram Nyayalayas Act

• Court of Judicial Magistrate: Gram Nyayalaya shall be the court of Judicial Magistrate of the first class and its presiding officer (Nyayadhikari) (strictly judicial officers) shall be appointed by the State Government in consultation with the High Court.
• Establishment: For every Panchayat at the intermediate level or a group of contiguous Panchayats at the intermediate level in a district.
• Powers: The mobile court shall exercise the powers of both Criminal and Civil Courts.
• The Central as well as the State Governments have been given power to amend the First Schedule and the Second Schedule of the Act, as per their respective legislative competence. 
• Seat: Located at the headquarters of the intermediate Panchayat.
• Jurisdiction: Shall try criminal cases, civil suits, claims or disputes which are specified in the 1st Schedule and 2nd Schedule to the Act.
• The Central, as well as the State Governments, have been given power to amend the FIrst and Second  Schedule of the Act.
• Conciliation: Shall try to settle the disputes as far as possible by bringing about conciliation with the help of conciliators.
• Principles of Natural Justice: Shall not be bound by Indian Evidence Act, 1872 but guided by the principles of natural justice and subject to any rule made by the High Court.
• Appeal in Criminal Cases: To the Sessions Court, which shall be heard and disposed it within a period of six months.
• Appeal in Civil Cases: To the District Court, which shall be heard and disposed of within a period of six months.

Conclusion

• Family Courts address sensitive issues related to family law, promoting reconciliation and resolving disputes more amicably. 
• Commercial Courts expedite the resolution of commercial disputes, enhancing efficiency in business transactions and promoting economic growth. 
• Gram Nyayalayas bring justice closer to rural communities, providing accessible and localized legal remedies for minor civil and criminal matters. 
• Together, these specialized courts contribute to a more responsive, equitable, and efficient legal system, catering to the diverse needs of Indian society.

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