Context:
The Supreme Court of India has recently sought comprehensive reports from States and High Courts regarding the establishment and functioning of gram nyayalayas.
More on the News
- During a recent hearing on the establishment and functioning of gram nyayalayas, the Supreme Court expressed concern over the slow pace of setting up these courts which are meant to provide affordable and quick justice to rural India and de-clog local courts.
- The apex court was informed that gram nyayalayas were far and few even 16 years after they were introduced through the Gram Nyayalyas Act of 2008.
- In January 2020, the court had directed the state governments and the High Courts to submit affidavits on the status of establishing gram nyayalayas. However, no affidavits have been filed since then.
- The Bench has now mandated States and High Courts to submit fresh affidavits within six weeks, outlining the status of gram nyayalayas in their jurisdictions. The next hearing is scheduled for September 11.
Background and Purpose
- Gram nyayalayas were introduced through the Gram Nyayalayas Act of 2008, with the primary aim of delivering quick and affordable justice to the most remote citizens of India.
- The Act was envisioned as a means to de-clog the conventional court system, decentralize judicial administration, and enhance the rule of law in rural areas.
- However, despite noble objectives, the implementation has been lacklustre, with only about 450 Gram Nyayalayas established and merely 300 actually functional, against an estimated requirement of 16,000.
Challenges and Resistance
- Some states, including Jharkhand and Bihar, have resisted the implementation of gram nyayalayas in tribal or scheduled areas, arguing that local or traditional laws should take precedence.
- They fear that the 2008 Act could conflict with these local/traditional laws.
- Elected sarpanches typically preside over these traditional forums in tribal or scheduled areas, unlike judicial officers in gram nyayalayas, thus highlighting the need for a structured judicial process in rural areas.
Gram Nyayalayas
Gram Nyayalayas, meaning “village courts” in Hindi, are a system of courts established in India to provide easy and affordable access to justice in rural areas.
- In terms of Section 3 (1) of the Gram Nyayalayas Act, 2008, the State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does not make setting up of Gram Nyayalayas mandatory.
- The Gram Nyayalayas are a mobile court headquartered at the intermediate panchayat level, and they go to villages under their jurisdiction to dispose of the cases.
- They exercise the powers of both Criminal and Civil Courts.
Presiding Officer:
- Led by a judicial officer called a Nyayadhikari, appointed by the state government in consultation with the High Court.
- The State Government shall determine the nature and categories of the officers and other employees required to assist a Gram Nyayalaya in the discharge of its functions and provide the Gram Nyayalaya with such officers and other employees as it may think fit.
- The concept of Gram Nyayalayas aligns with the ideals enshrined in the Indian Constitution:
- Article 39A: Promotes equal access to justice for all citizens and specifically mentions providing legal aid. Article 39A incorporated by 42nd Amendment.
- Part IX ( Panchayats): Emphasizes decentralization of power and grass-roots level governance, which Gram Nyayalayas support.