• The Supreme Court said establishment of Gram Nyayalayas across the country would help improve access to justice.
• A bench headed by Justice B.R. Gavai was hearing a plea seeking a direction to the Centre and all states for taking steps to set up Gram Nyayalayas under the supervision of the apex court.
• On January 29, 2020, the Supreme Court had directed the states, which had not yet issued notifications for establishing Gram Nyayalayas, to do so within four weeks.
Gram Nyayalayas
• The Gram Nyayalayas Act, 2008, was enacted to establish Gram Nyayalayas at the grassroot level for the purpose of providing access to justice to the citizens at their doorstep and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities.
• It provides for establishment of Gram Nyayalayas for 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, for a group of contiguous group Panchayats.
• It aims to ensure that opportunities for securing justice are not denied to anyone because of social, economic or other disabilities.
• The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate panchayat, but they will go to villages, work there and dispose of the cases.
• The central government has no role in setting up of Gram Nyayalayas. However, it implements a Centrally Sponsored Scheme to fund the initial cost in terms of non-recurring expenses for setting up of Gram Nyayalayas by the states with the assistance limited to Rs 18 lakh per Gram Nyayalaya as a one-time measure.
• The state governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does not make the setting up of Gram Nyayalayas mandatory.
• Gram Nyayalayas are deemed to be a Court of Judicial Magistrate of First Class with both civil and criminal jurisdiction to settle petty disputes at the village level.
• Its presiding officer (Nyayadhikari) is appointed by the state government in consultation with the High Court of the state concerned.
• The Nyayadhikaris who will preside over these Gram Nyayalayas are strictly judicial officers and will be drawing the same salary and deriving the same powers as First Class Magistrates working under High Courts.
• It can try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Gram Nyayalaya Act and the scope of these cases can be amended by the central as well as the state governments, as per their respective legislative competence.
• The Gram Nyayalayas are supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it can make use of the appointed conciliators. The judgment and order passed by the Gram Nyayalaya are deemed to be a decree and to avoid delay in its execution. The Gram Nyayalaya can follow summary procedure for its execution.
• Appeal in criminal cases shall lie to the Sessions Court, 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.
• The setting up of Gram Nyayalayas has been considered as an important measure to reduce pendency of cases and is a part of the judicial reforms.
• It is estimated that Gram Nyayalayas can reduce around 50 per cent of the pendency of cases in subordinate courts and can take care of the new litigations which will be disposed of in six months.
• Over 450 Gram Nyayalayas are notified across the country and more than 300 are operational.
