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Gram Nyayalayas
Context: The Chief Justice of Jharkhand High Court (HC) inaugurated two-gram Nyayalayas in Jharkhand with the primary aim of deliver justice through constitutional means at the local level.
About Gram Nyayalayas
Constitutional Provisions:
Under Part IV of the Constitution Article 39A: Equal justice and free legal aid
The State shall provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
The Law Commission of India, in its 114 th Report, had suggested establishment of Gram Nyayalayas for providing affordable and quick access to justice to the citizens at their doorsteps.
- Thus following this constitutional provision parliament had passed the Gram Nyayalayas Act 2008, which was implemented in October 2009.
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- The act establishes village-level courts/set up at the block level to provide easy access to justice.It aims to resolve local disputes, saving time and effort.
- Gram Nyayalayas are and are presided over by a Nyaya Adhikari, a Judicial Magistrate-first class.
- Nyaya Adhikari is appointed by the state government in consultation with High courts and will hold mobile courts in every village.
- Gram Nyayalayas can allow for conciliation and plea bargaining for settlement of disputes.
- Punishment: The gram Nyayalayas would hear cases which involve a maximum punishment of two years.
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- Jurisdiction: Civil and Criminal offences mentioned in the act and it can accept evidence which is not included in the evidence act.
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- It can hear cases related to theft, receiving and concealing stolen properties valued not more than Rs 20,000 (criminal cases).
- The civil cases involving disputes up to Rs 25,000 can be dealt by the Nyayalayas.
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- The order of gram Nyayalayas can be challenged in the district court within 30 days.
Challenges and Way forward
- Ambiguities regarding jurisdiction due to the parallel existence of alternate dispute mechanisms, tribunals, and adalats.
- Lack of awareness among lawyers, police officials and other stakeholders.
- Reluctance of state functionaries to invoke the jurisdiction of Gram Nyayalaya.
- For example, as of 2022 only 15 states have taken steps to notify Gram Nyayalaya and they are operational in 11 states.
- According to the Gram Nyayalayas scheme of central govt,the Central Government offers one-time assistance to States for setting up Gram Nyayalayas, with a maximum of Rs. 18 lakhs per Gram Nyayalaya. Additionally, it provides annual assistance of up to Rs. 3.20 lakhs per Gram Nyayalaya for operating expenses for the first three years.
- The Government has extended the above scheme for a further period of five years from 01.04.2021 to 31.03.2026, with a budgetary outlay of Rs.50 crores.