Gram Nyayalayas & Family Courts in India

Gram Nyayalayas: Paving the Path to Equality and Justice in India #

“As enshrined in the preamble, equality and justice are indisputably two key facets of the idea of a constitution of India”.

Context – Supreme Court has directed all the states to come out with notifications for establishing ‘Gram Nyayalayas’ within a month and has asked the HC to expedite the process of consultation with state governments on this issue. 

From Constitutional Roots to Practical Challenges: Evolution and Implementation of Gram Nyayalayas in India #

• 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”.
• 114th Report of the Law Commission (1986): recommended setting up Gram Nyayalayas (mobile village courts) at the grass root levels.
• Gram Nyayalayas Act 2008: The Gram Nyayalayas Act, 2008, came into effect on October 2, 2009, coinciding with Gandhi Jayanti.
  • Currently, only 11 states have initiated steps to notify Gram Nyayalayas.
  • There are only 208 operational Gram Nyayalayas across the country
• Moreover, not a single Family Courts have become operational in North- Eastern States.

Gram Nyayalayas: Bridging Justice at the Grassroots as Quasi-Judicial Hubs #

• Statutory and Quasi-judicial body are established by Gram Nyayalayas Act 2008.
• Gram Nyayalayas are considered Courts of Judicial Magistrates of the First Class, possessing both civil and criminal jurisdiction to resolve minor disputes at the village level.

Gram Nyayalayas: Improving Marginalized People’s Access to Justice Through Creative Conflict Settlement #

• Ensuring Access to Justice: Provide access to justice for the most marginalized sections of the society.
• To reduce barriers to access in terms of distance, time & associated costs w.r.t. justice.
• Alternate Dispute Redressal Mechanism: Arbitration-conciliation-mediation
• Reduce Delay: by providing timely and speedy summary procedure.
• To ensure cheap, affordable and effective justice to downtrodden stars of society.
• Reduce workload on higher tiers of judiciary.
• Implementing DPSP as envisaged in Art. 39A.

Gram Nyayalayas: Organizational Framework and Mobility for Grassroots Legal Access #

• Establishment Criteria: It is established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district.
• Jurisdiction Notification: The State Government, in consultation with the High Court, notified the boundaries of the area under the jurisdiction of a Gram Nyayalaya. It can also alter such limits at any time.
• Mobile Court Sessions: It can hold mobile courts in villages falling under its jurisdiction and the State Government shall extend all required facilities.

Appointment Process of Presiding Officers in Gram Nyayalayas #

• 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.
• Salary and Allowances: The salary and other allowances along with the other terms and conditions of service shall be on the same lines as well.
• Representation: It shall be given to the members of the SC, ST, women and others.

Jurisdiction and Conciliation in the Empowered Realm of Gram Nyayalayas #

• Mobile Court with Jurisdiction:  The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.
• 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.
  
• Civil Court Powers: Gram Nyayalayas exercise the powers of a Civil Court with specific modifications and follow a special procedure provided by the Act.
  
• Conciliation: Gram Nyayalayas aim to settle disputes by fostering conciliation between the parties involved, whenever possible..
  • It shall make use of the conciliators to be appointed for this purpose.
• Trial Jurisdiction Examples: Gram Nyayalaya can try criminal cases, civil suits, claims or disputes which are specified in the Act.
  • Example: Offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
• Adherence to Principles of Natural Justice: Gram Nyayalaya is not bound by the Indian Evidence Act, 1872 but is guided by the principles of natural justice and is subject to any rule made by the HIGH COURT.

NOTE – The nature of jurisdiction specified in the Act can be amended by both the central and state governments. 

Summary Procedure in Criminal Trials by Gram Nyayalayas #

• The Gram Nyayalaya shall follow summary procedure in criminal trials.
• The judgments and orders of the Gram Nyayalaya are considered decrees and are executed promptly to minimize delays. The Gram Nyayalaya follows a summary procedure for this purpose.

Appeal Procedures in Gram Nyayalayas for Swift Justice #

• Criminal Cases: It shall be taken to the Court of Session.
• Civil Cases: It shall be taken to District court.
• Timely Disposal of Appeals: Appeals in both cases have to be heard and disposed of within six months.

Challenges and Hurdles: Evaluating the Performance of Gram Nyayalayas in India #

• Inadequate Enforcement of Act: The enforcement of the Act is insufficient, with only 208 operational Gram Nyayalayas across 11 states, far below the intended target of 5000 courts.
• Challenges Facing Gram Nyayalayas: Financial constraints, reluctance of lawyers, police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas, lukewarm response of the Bar, infrastructure and security are grossly inadequate.
• Some of the Family Courts are established in cities/towns along with other regular courts having parallel jurisdiction. E.g. in Indore.
• Reduction in Demand for Gram Nyayalayas: Majority of States have now regularised courts at Taluk level, thus reducing the demand for Gram Nyayalayas.
• Issues of vacancies and inordinate delays in awarding judgment.
• Overburdened: Absent a separate cadre of Gram Nyay Adhikari, the Family Courts are presided over by First Class Judicial Magistrates or Civil Judges, who are already overburdened with their regular judicial work.
• Ambiguity and Overlapping Jurisdiction: There is ambiguity and confusion and overlapping regarding the specific jurisdiction of Gram Nyayalayas, due to the existence of alternative forums such as labour courts, family courts, etc.
• Insignificant Case Disposal Rate: Negligible cases disposed of by Gram Nyayalayas – They do not make any substantial difference in the overall pendency in the subordinate courts.
• Funding Issues Hindering the Functioning: Department-Related Parliamentary Standing Committee Report-Expressed dismay that the Family Courts which were supposed to usher in a revolution at the lowest level of the judicial system were being held back because of fund sharing problems between the Central and the State Governments.

Strategies for Strengthening Gram Nyayalayas in India #

• 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.
• Training of Gram Nyay Adhikari: Apart from the legal and procedural requirements of Family Courts, training may also include the local language of the community amongst whom they are posted.
• Infrastructure and Security: Provide dedicated buildings for Gram Nyayalayas and staff accommodation.
• Awareness and Capacity Building: Conduct programs to educate and enhance skills among stakeholders.
• Creation of Regular Cadre of Gram Nyay Adhikari: Introduce mandatory service for newly recruited judicial officers in the regular cadre of first-class judicial magistrates or civil judges.
• Permanent Gram Nyayalayas: Establish these courts at every intermediate-level Panchayat or in clusters of contiguous Panchayats, based on the typical number of disputes in the area.

CONCLUSION/WAY FORWARD #

Despite some shortcomings, the establishment of Gram Nyayalayas has been a constructive initiative. Policymakers should carefully consider, evaluate, and implement the suggestions provided by stakeholders, committing firmly to fulfilling the objectives of the Act.