Gram Nyayalayas

The Supreme Court said establishment of Gram Nyayalayas across the country would help improve access to justice.

What are Gram Nyayalayas?

• The Central Government has enacted the Gram Nyayalayas Act, 2008 to provide access to justice to the citizen at their door steps.
• It provides for establishment of Gram Nyayalayas at intermediate Panchayat level.  However, the Act does not make setting up of Gram Nyayalayas mandatory.
• The State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts.
  • Section 3 mandates state governments, in consultation with the respective high courts, to establish gram nyayalayas at the panchayat level, functioning as mobile courts capable of conducting proceedings at any suitable location within their jurisdiction.
• 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.
• The concept of Gram Nyayalayas was proposed by the Law Commission of India in its 114^th

Challenges Facing Gram Nyayalayas (Village Courts):

• Inadequate Infrastructure and Resources: Many gram nyayalayas lack basic facilities required for conducting trials and hearings.  As per a report, 16,000 gram nyayalayas were required, but only a little over 450 were set up with about 300 actually functional.
• Financial Constraints: Insufficient financial assistance impacts the ability to cover recurring costs, including salaries for judges and staff.
• Lack of Awareness: Rural populations often lack awareness about gram nyayalayas and their functions, coupled with low legal literacy, limiting their use for dispute resolution.
• Low Case Disposal Rates: Due to limited resources and irregular functioning, gram nyayalayas have not effectively handled cases, with only 161 cases disposed of out of 42,184 pending.
• Lack of Integration with Mainstream Judiciary: There is a need for better coordination and oversight with higher courts, as the current system lacks a clear appeals process.
• Limited Access to Justice: When gram nyayalayas are non-functional, rural residents have to travel long distances to reach higher courts, leading to high costs and delays.
• Judicial Backlogs: Inefficiencies in gram nyayalayas contribute to a backlog of cases in higher courts.

Benefits of Gram Nyayalayas:

• Decentralised Justice Delivery: Bringing courts closer to rural citizens reduces physical and financial barriers. Mobile court sessions (Section 17) are particularly helpful in remote areas.
• Community-Centric Justice: Emphasizes conciliation and settlement, aligning with traditional dispute resolution methods that prioritize community cohesion.
• Increased Inclusivity: The informal setting and simplified procedures enable self-representation, reducing the need for costly legal representation, which benefits rural communities.