Gram Nyayalayas
Context:
The Supreme Court has demanded a comprehensive report from the States and High Courts regarding the establishment and functioning of gram nyayalayas, which are intended to provide affordable and quick justice to rural India and alleviate the burden on local courts.
Relevance:
GS-02 (Polity)
Key Highlights:
- The Supreme Court was informed that gram nyayalayas remain scarce, even 16 years after their introduction through a parliamentary law.
- Advocate Prashant Bhushan highlighted that 16,000 gram nyayalayas were needed, but only slightly over 450 have been set up, with around 300 operational.
- Justice B.R. Gavai emphasized that gram nyayalayas were intended to ensure affordable and speedy access to justice for every citizen.
- The Supreme Court had previously addressed the issue on January 29, 2020, and has now directed States and High Courts to submit fresh affidavits within six weeks.
Features of the Gram Nyayalayas Act, 2008:
The Gram Nyayalayas Act, 2008, aims to decentralize the judicial system and provide accessible justice in rural areas.
- Nyayadhikari Appointment and Qualifications:
- The State Government, in consultation with the High Court, appoints a Nyayadhikari for each Gram Nyayalaya.
- A Nyayadhikari must be eligible for appointment as a Judicial Magistrate of the first class.
- Representation must be given to Scheduled Castes, Scheduled Tribes, women, and other specified classes or communities.
- Nyayadhikaris receive the same salary and allowances as a Judicial Magistrate of the first class.
- Jurisdiction and Functioning:
- Gram Nyayalayas act as mobile courts with jurisdiction over specified criminal and civil cases.
- They follow a summary procedure in criminal trials and deliver judgments immediately to both parties at no cost.
- They are not bound by the Indian Evidence Act but guided by principles of natural justice.
- Additional Features and Limitations:
- Proceedings and judgments are conducted in the official language of the state, other than English.
- There is a risk of improper justice dispensation as judges are not selected through merit-based exams.
- The Act does not address the need for similar provisions in urban areas.
- Overlapping jurisdiction with Magistrate Courts of the Second Class needs to be resolved.
Significance:
The Gram Nyayalayas Act, 2008, seeks to provide a streamlined and accessible justice system for rural India, addressing the need for affordable and speedy legal processes. The Supreme Court’s demand for a full report underscores the importance of evaluating and improving the functioning of these courts to fulfill their intended purpose.
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