Why in news? Government is planning to set up “Grama Nyayalaya” (village court) in each gram panchayat for resolving disputes within the jurisdiction of each GP

Highlights:

• It is established under a Gram Nyayalayas Act, 2008
• Establishment of Gram Nyayalayas was to ensure for speedy and easy access to justice system in the rural areas of India.

What are the features of Grama Nyayalayas?

• They are established generally at headquarter of every Panchayat at intermediate level or a group of contiguous panchayat in a district
• Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy same salary and benefits of a Judicial Magistrate of First Class.
• They have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
• Gram Nyayalayas have both civil and criminal jurisdiction over the offences
• The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts
• The fees charged in civil suits shall not exceed Rs.100 irrespective of the value of property in dispute.
• In execution of a decree, the Court can allow special procedures following rules of natural justice.
• Appeals in criminal matter can be made to the Sessions Court in the respective jurisdiction and in civil matters to the District Court within a period of one month from the date of judgment.

Supporting article for Grama Nyayalayas from Indian Constitution

• Article 39A : safeguards the impoverished and vulnerable sections of the society by providing for free legal aid to them

What are the advantages of Grama Nyayalayas over the regular courts?

• Inexpensive and expeditious mechanism: It makes affordable for village masses with simplified procedures and reduced legal expenses, where as traditional courts have huge financial burden. Ex: The fees charged in civil suits shall not exceed Rs.100 irrespective of the value of property in dispute.
• Reduce the burden of normal courts : It will divert the certain categories of cases to Grama Nyayalayas, provide relief to the ordinary courts as they lift the part of burden of judicial work. They emerged on solution to the problem of mounting arrears of cases before the courts.
• Justice on the doorstep: Nyayadhikari to hold mobile courts and conduct proceedings in villages. He will periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place at close proximity of village
• Empowerment of local communities: These courts Involve local communities in the resolution of their disputes, Grama Nyayalayas empower them to take ownership of the justice system and promote community participation in dispute resolution.
• Promoting legal awareness: Grama Nyayalayas access to Justice named Designing Innovative Solutions and Holistic Approach Scheme, Legal Literacy and Legal Awareness Programme at village level.
• Participatory justice: It envisages a multi-stakeholder, progressive and transformative approach of justice delivery through people participation.
• Reduced litigation costs: Integrate innovative ideas, tools and simplified methodology will reduce the litigation cost. It enable vulnerable sections to access legal rights, entitlements and relevant laws. Parties are encouraged to resolve disputes through mediation, conciliation, or arbitration,

What are the challenges in implementation of Grama Nyayalayas?

• Pending cases: Due to the rampant appeals against the decisions of the nyayalayas, district courts are still weighted with lots of pending cases.
• Trust deficit: The number of cases and disputes that have been resolved by the village courts or gram nyayalayas are very low in number, equivalent to negligible. This also indicates a lack of belief on these institutions on the part of the people.
• Bureaucratic apathy: It has been seen that Nyayadhikari are often partial and behave improperly or rudely. There is no regular cadre maintained for the post of a Nyayadhikari, which is paralleled with the First Class Magistrate.
• Inaccessibility: Out of the existing gram nyayalayas in the country, some are located in semi urban centres and some in such locations which are not of much utility to the villagers.
• Lack of awareness: The major stakeholders, the rural litigants, are not aware enough and have a paucity of knowledge regarding ram nyayalayas. Sufficient awareness drives have not been conducted to make the target population cognizant about this institution.

Conclusion

• The foundation of gram nyayalayas can be described as a major positive step towards reinforcing structural reforms in the Indian judiciary and making it more accessible to deprived.
• It can be described as a decisive resolve of the state to move on the ideals of Mahatma Gandhi and his support for ‘swadeshi’ system of dispute resolution.