Gram Nyayalayas

Why in news?

Recently, theSupreme Courtexpressed that it would consider the question as to whether establishment and effectuation ofGram Nyayalayas by States/UTs is mandatory under theGram Nyayalayas Act, 2008.

Background of the Case

• Public Interest Litigation (PIL)seeks the establishment and implementation of Gram Nyayalayas under the Gram Nyayalayas Act, 2008 in 2019.
• Gram Nyayalayas aim to providespeedy, affordable justicein rural areas.
• Key Legal Issue:
• Question: Is itmandatoryoroptionalfor states to establish Gram Nyayalayas under the 2008 Act?
• Section 3(1)of the Act uses the term “may,” raising debate over whether it impliesdiscretionorobligationfor states to set up these courts.

Supreme Court’s Directions

• States must providedetailed information about the status of Gram Nyayalayasafter consulting High CourtRegistrar Generalswithin six weeks.
• TheUnion Governmentis directed to file a fresh affidavit regardingcompliance with the 2020 Court order, especially concerningfunding and financial supportfor these courts.
• 2020 Order:Right to justice includes the right to affordable justice
• Itdirected the states, which had not yet issued notifications forestablishing Gram Nyayalayas, to do sowithin four weeks, and asked thehigh courts to expeditethe process of consultation with state governments on this issue.
• The Court will examine whetherestablishing Gram Nyayalayas is mandatoryin aseparate hearing.

About Gram Nyayalaya

• Origin:TheLaw Commission of India, in its114th Report, had suggested the establishment ofGram Nyayalayasfor providingaffordable and quick access to justiceto the citizens at their doorsteps
• Establishment:Gram Nyayalayas Act, 2008has been enacted to provide for the establishment of the Gram Nyayalayas at thegrassroots level
• Statutory and Quasi-judicial body.
• The Act extends to thewhole of India, except to the States ofNagaland, Arunachal Pradesh, Sikkim.
• Definition:Gram Nyayalaya shall be amobile courtand shall exercise the powers of bothCriminal and Civil Courts.
• Purposes:The purpose of Gram Nyayalayas is providing access tojustice to the citizens at their doorstepsand to ensure that opportunities for securing justice are not denied to any citizen due to social, economic or other disabilities.
• Appeal Procedures:
• Criminal Cases:It shall be taken to the Court of Session.
• Civil Cases:It shall be taken to District court.

Supporting Provisions in Constitution

• Article 39A:Added by42nd CAA 1976 in DIRECTIVE PRINCIPLES OF STATE POLICY (Part IV)of Indian constitution directs the State “to ensureequal justice on a basis ofequal opportunityand shall providefree legal aid”.
• Part IX ( Panchayats):Emphasisesdecentralisation of powerand grass-roots level governance, which Gram Nyayalayas support.
• Timely Disposal of Appeals:Appeals in both cases have to beheard and disposed of within six months.
• According to the Department of Justice, Currently,only 15 states/UTshave notified Gram Nyayalayas.
• There areonly 313 operational out of 481 notified Gram Nyayalayasacross the country.

Features of Gram Nyayalaya

• Jurisdiction Notification: TheState Government, in consultation with the High Court, notified theboundaries of the area under the jurisdictionof a Gram Nyayalaya. It can also alter such limits at any time.
• Mobile Court Sessions: It can holdmobile courts in villagesfalling under its jurisdiction and the State Government shall extend all required facilities.
• Presiding Officer:The Gram Nyayalaya shall beCourt 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:TheState Governmentshall appoint a presiding officer calledNyay Adhikari for every Gram Nyayalayain consultation with theHigh Court,who will be a person eligible to be appointed as aJudicial Magistrate of the First Class.
• Seat:Seat of the Gram Nyayalaya will be located at theheadquarters 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 atintermediate level or a group of contiguous Panchayats at intermediate levelin a district or where there is no Panchayat at intermediate level in any State
• Initial Proposal:The Gram Nyayalayas were initially proposed to beset up at the intermediate panchayat levelwith a one-time budget ofRs. 18 lakhs for non-recurring expenses
• The Central Government alsocovered 50% of recurring expenses for the first three years.
• Trial Jurisdiction:Gram Nyayalayas are authorised to handlecriminal cases, civil suits, claims, or disputesas outlined in theFirst and Second Schedules of the Act.
• Offencesnot 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.
• Not Bound by Indian Evidence Act:The Gram Nyayalaya shallnot be boundby the rules of evidence provided in theIndian Evidence Act, 1872but shall be guided by theprinciples of natural justiceand subject toany rule made by the High Court.
• Conciliation Methodology:The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing aboutconciliation between the partiesand for this purpose,it shall make use of theconciliators to be appointedfor this purpose.

Significance of Gram Nyayalayas

• Access to Justice: Gram Nyayalayas bringjudicial services closerto rural populations, ensuringspeedy and affordablejustice in remote areas.
• De-clogging Courts: By handlingminor civil and criminal casesat the local level, Gram Nyayalayas can help reduce the burden on overburdenedDistrict and subordinate courts.
• District and subordinate courts are thebiggest contributors to pending cases, with4,53,51,913 casespending with them
• Cost-effective Legal Recourse: Legal proceedings in Gram Nyayalayas are designed to below-cost, benefiting economically disadvantaged groups.
• Informal and Efficient Procedures: They follow asimplified procedure, withno strict adherence to formal rulesof evidence, which makes the process faster and more accessible for common people.
• Promoting Local Justice: Gram Nyayalayas function within rural communities, encouraginglocal dispute resolutionwith sensitivity to local needs and cultural context.
• Empowering Rural Governance: These courts complement the decentralisation of governance by reinforcinglaw and orderinpanchayatareas, which strengthens the rule of law in rural settings.

Challenges of Gram Nyayalayas

• Delay in Implementation: The Gram Nyayalaya Act is of 2008Sixteen yearshave gone by and we are faced with this situation wherenot even four per cent of Gram Nyayalayas have been established.
• Lack of Infrastructure: Many Gram Nyayalayas lackbasic infrastructurelikecourtrooms, technology, and support staff, limiting their effective functioning.
• Not mandatory:The Act does not make setting up of Gram Nyayalayas mandatory:Section 3 of the Act provides that state governments“may” constitute Gram Nyayalayas.
• Jurisdictional Overlaps: Conflicts may arise withexisting courts at tehsil levels, leading to confusion andoverlapping jurisdictionissues.
• Overburdening High Courts:They may end up burdening high courts with appeals and writ petitions.
• Funding Constraints: States often face challenges inallocating adequatefinancial resourcesfor establishing and maintaining these courts, especially in rural and less-developed areas.
• Kerala raised a demandfor additional funds for expanding Gram Nyayalayas, but Kerala government hadpostponed disbursement of fundsfor courts saying:‘Deferred for better times’.
• Underutilization of resources:In some regions, Gram Nyayalayas handlevery few cases, leading to concerns about theircost-effectivenessandunderutilization.
• Examples likeKarnataka, where a Gram Nyayalaya handledonly 116 cases in four years, despite the significant cost of maintaining such courts.
• Lack of Awareness: Manyrural populationsremain unaware of the existence and benefits of Gram Nyayalayas, limiting theirreach and effectiveness.

Way Forwards to Strengthening Gram Nyayalayas

• Expedited Implementation:Ensure timely establishment of Gram Nyayalayas in all states as per the 2008 ActMonitor and evaluatethe implementation progressregularly.
• Proposed Amendment:Act should be amended-Jurisdiction of the Gram Nyayalayasmay be redefined in order toremove the ambiguitiesregarding the jurisdiction of Gram Nyayalayas.

Supreme Court Concerns and Recommendations on Gram Nyayalayas

• State-Specific Needs: Establish Gram Nyayalayas based on individual state requirements, with input from the Chief Justice of the High Court and state governments.
• Focus on Regular Courts: Prioritize increasing the number of regular courts and improving their infrastructure over setting up new Gram Nyayalayas.
• Financial Feasibility: Weigh the financial capacity of states before establishing additional Gram Nyayalayas, as funding regular courts is already a challenge.
• Prevent Overburdening High Courts: Gram Nyayalayas may lead to more appeals and writs in High Courts, potentially increasing their caseload.
• Encourage Regular Courts: Increasing regular courts with better facilities and more judicial officers may be a more effective solution for reducing judicial backlogs.
• Uniform Functioning:Standardise the functioning of Gram Nyayalayas across states to ensureconsistency.
• Adequate Funding and Infrastructure:Allocate sufficient funds for the establishment and maintenance of Gram Nyayalayas. Developproper courtrooms, offices, and other necessary infrastructure.
• Initiative to Support Gram Nyayalayas:Under Gram Nyayalayas scheme (Centrally Sponsored Scheme (CSS), Union Government providesfinancial assistance to States to set up Gram Nyayalayas.
• Leveraging Technology:Use digital platforms forcase management, filing, and hearings to improve efficiency. Providedigital literacy trainingto rural citizens to enable access to online services.
• Periodic Reviews and Feedback:Conduct periodic reviews of the functioning of Gram Nyayalayas. Gatherfeedback from rural communitiesto identify and address issues.

Conclusion

While Gram Nyayalayas have thepotential to improve access to justiceinrural Indiaby providingspeedy, affordable legal recourse, they face significant challenges such as inadequateinfrastructure, funding issues,and jurisdictional conflicts. Addressing these challenges is crucial for realising their full potential inde-clogging higher courtsandensuring justice for all.