Recently, A Petition filed by NGO ‘National Federation of Societies for Fast Justice’ in Supreme Court, raised that as against a requirement of 6,000-oddd gram nyayalayas only 481 have been set up, but only 309 among them are functional.
- SC directed the chief secretaries of states and registrar generals of the high courts to file affidavits within six weeks pointing out the details regarding establishment and functioning of Gram Nyayalayas, including about infrastructure made available for them.
Background
- 2019: The plea was filed in the apex court in 2019 seeking a direction to the Centre and all states for taking steps to set up Gram Nyayalayas under the supervision of the top court.
- Petitioner contended: The object of the Gram Nyayalaya 2008 Act was to provide ‘access to justice’ to all.
- However, the state governments concerned have been defeating the object of the Act, as Section 3 of the Act provides that state governments “may” constitute Gram Nyayalayas.
- 2020 Order: Right to justice includes the right to affordable justice.
- It directed the states, which had not yet issued notifications for establishing Gram Nyayalayas, to do so within four weeks, and asked the high courts to expedite the process of consultation with state governments on this issue.
- Center Position: Centre had also taken a position that it was not mandatory if some similar arrangements were in place, as the law uses ‘may’ instead of ‘shall’
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About Gram Nyayalaya
- Origin: The Law Commission of India, in its 114 Report, had suggested the establishment of Gram Nyayalayas for providing affordable and quick access to justice to the citizens at their doorsteps.
Concept Of Gram Nyayalayas Aligns With The Ideals Enshrined In The Indian Constitution
- Article 39A: Added by 42nd CAA 1976 in DIRECTIVE PRINCIPLES OF STATE POLICY (Part IV) of Indian constitution directs the State “to ensure equal justice on a basis of equal opportunity and shall provide free legal aid”.
- Part IX ( Panchayats): Emphasizes decentralization of power and grass-roots level governance, which Gram Nyayalayas support.
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- Establishment: Gram Nyayalayas Act, 2008 has been enacted to provide for the establishment of the Gram Nyayalayas at the grassroots level
- The Act extends to the whole of India, except to the States of Nagaland, Arunachal Pradesh, Sikkim
- Definition: Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.
- Purposes: The purpose of Gram Nyayalayas is providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.
Features Of Gram Nyayalaya
- Presiding Officer: The Gram Nyayalaya shall be Court of Judicial Magistrate of the first class and its presiding Officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.
- Appointment Process: The State Government shall appoint a presiding officer called Nyay Adhikari for every Gram Nyayalaya in consultation with the High Court, who will be a person eligible to be appointed as a Judicial Magistrate of the First Class.
- Seat: Seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases.
- Establishment in every district: The Gram Nyayalaya shall be established or every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State
- Initial Proposal: The Gram Nyayalayas were initially proposed to be set up at the intermediate panchayat level with a one-time budget of Rs. 18 lakhs for non-recurring expenses.
- The Central Government also covered 50% of recurring expenses for the first three years.
- Trial Jurisdiction: Gram Nyayalayas are authorized to handle criminal cases, civil suits, claims, or disputes as outlined in the First and Second Schedules of the Act.
- Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
- Summary Procedure: The Gram Nyayalaya shall follow summary procedure in criminal trials.
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Summary Trials
- In India, summary trials in CrPC are governed by Section 260 to 265.
- Applicability: They are typically used for cases involving petty offences, where the maximum punishment is up to two years of imprisonment, or cases that are deemed to be of a summary nature by law.
- Objective of summary trials: It is to ensure that justice is delivered swiftly, without compromising on the principles of natural justice and fair trial.
- Features:
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- Expedited Process: One of the primary features of summary trials is the expedited process. The timelines for various stages of the legal process, such as investigation, filing of charges, and conducting the trial, are significantly reduced compared to regular trials.
- Limited Right of Appeal: The right of appeal in summary trials under the Criminal Procedure Code is limited compared to regular trials.
- Summary Disposal: One of the unique features of summary trials is the provision for summary disposal. If the accused pleads guilty, and the court is satisfied, the case may be disposed of summarily without a full-fledged trial.
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- Not Bound by Indian Evidence Act: The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court.
- Conciliation Methodology: The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose.
- Appeal: Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal.
- Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.
Challenges in Implementing Gram Nyayalaya
- Delay in Implementation: The Gram Nyayalaya Act is of 2008. Sixteen years have gone by and we are faced with this situation where not even four per cent of Gram Nyayalayas have been established.
- As per information made available by State Governments / High Courts, 476 Gram Nyayalayas have been notified so far by 15 States/UT.
- Out of these, 257 are operational in 10 States at present.
- The Act does not make setting up of Gram Nyayalayas mandatory: Section 3 of the Act provides that state governments “may” constitute Gram Nyayalayas.
- States such as Jharkhand and Bihar resisted the gram nyayalayas in tribal or scheduled areas, saying local or traditional laws were predominantly followed there.
- Lack of Uniformity: There is a lack of uniformity in the functioning of Gram Nyayalayas across different states. Each state may implement the Act differently, leading to inconsistencies in justice delivery.
- Funding and Infrastructure: Insufficient funding and inadequate infrastructure are significant hurdles. Many Gram Nyayalayas lack proper courtrooms, staff, and basic facilities required for smooth functioning
- Reduction in Demand for Gram Nyayalayas: Majority of States have now regularised courts at Taluk level, thus reducing the demand for Gram Nyayalayas.
- Caseload and Efficiency: Where Gram Nyayalayas are functional, they often face a heavy caseload, which can lead to delays similar to those in regular courts. They do not make any substantial difference in the overall pendency in the subordinate courts.
- Resistance from Traditional Panchayats: In some areas, traditional panchayats and informal justice systems have strong influence, and there can be resistance to the formal judicial process introduced by Gram Nyayalayas.
Strategies for Strengthening Gram Nyayalayas
- Expedited Implementation: Ensure timely establishment of Gram Nyayalayas in all states as per the 2008 Act.
- Monitor and evaluate the implementation progress regularly.
- Proposed Amendment: Act should be amended- Jurisdiction of the Gram Nyayalayas may be redefined in order to remove the ambiguities regarding the jurisdiction of Gram Nyayalayas.
- Uniform Functioning: Standardise the functioning of Gram Nyayalayas across states to ensure consistency.
- Adequate Funding and Infrastructure: Allocate sufficient funds for the establishment and maintenance of Gram Nyayalayas.
- Develop proper courtrooms, offices, and other necessary infrastructure.
- Initiative to Support Gram Nyayalayas: Under Gram Nyayalayas scheme (Centrally Sponsored Scheme (CSS), Union Government provides financial assistance to States to set up Gram Nyayalayas.
- Leveraging Technology: Use digital platforms for case management, filing, and hearings to improve efficiency.
- Provide digital literacy training to rural citizens to enable access to online services.
- Periodic Reviews and Feedback: Conduct periodic reviews of the functioning of Gram Nyayalayas.
- Gather feedback from rural communities to identify and address issues.
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Conclusion
Strengthening Gram Nyayalayas is crucial for ensuring accessible and speedy justice for rural populations in India. By enhancing awareness, funding, infrastructure, and legal support, these courts can effectively address local disputes. Comprehensive reforms will empower Gram Nyayalayas to fulfill their mission of delivering justice at the grassroots level, fostering greater equity and social justice
July 16, 2024
