The Supreme Court has directed the states, which are yet to come out with notifications for establishing Gram Nyayalayas, to do so within four weeks, and asked the High Courts to expedite the process of consultation with state governments on this issue.

A Bench headed by Justice N.V. Ramana also took into account the fact that several states have issued notifications for establishing Gram Nyayalayas but all of them were not functioning except in Kerala, Maharashtra and Rajasthan.

According to a law ministry report in 2018, 320 Gram Nyayalayas have been notified, of which 204 have become operational across 11 states.

The Bench noted that Gujarat, Haryana, Telangana, West Bengal, Uttarakhand, Chhattisgarh and Odisha have not yet filed their affidavits on this issue despite the apex court’s October 18 direction.

The Bench requested the chief justices of High Courts, where the constitution of Gram Nyayalayas and appointments of its members are pending, to expedite the process of consultation with the state governments.

Easier access to justice

The Gram Nyayalayas Act, 2008, was enacted to establish Gram Nyayalayas at the grassroot level for the purpose of providing access to justice to the citizens at their doorstep and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities.

The Gram Nyayalaya is a mobile court and exercises the powers of both criminal and civil courts.

The Gram Nyayalaya shall be established for every panchayat at intermediate level or a group of contiguous panchayats at intermediate level in a district.

The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate panchayat, but they will go to villages, work there and dispose of the cases.

The Gram Nyayalayas are courts of judicial magistrate of the first class, and its presiding officer (Nyayadhikari) is appointed by the state government in consultation with the High Court of the state concerned.

The Nyayadhikaris who will preside over these Gram Nyayalayas are strictly judicial officers and will be drawing the same salary and deriving the same powers as First Class Magistrates working under High Courts.

It can try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Gram Nyayalaya Act and the scope of these cases can be amended by the central as well as the state governments, as per their respective legislative competence.

The Gram Nyayalayas are supposed to try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it can make use of the appointed conciliators. The judgment and order passed by the Gram Nyayalaya are deemed to be a decree and to avoid delay in its execution. The Gram Nyayalaya can follow summary procedure for its execution.

The Gram Nyayalaya will not be bound by the rules of evidence provided in the Indian Evidence Act, 1872, but shall be guided by the principles of natural justice and subject to any rule made by the High Court.

Appeal in criminal cases shall lie to the Sessions Court, which shall be heard and disposed of within a period of six months from the date of filing of such appeal. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.

The setting up of Gram Nyayalayas has been considered as an important measure to reduce pendency of cases and is a part of the judicial reforms. It is estimated that Gram Nyayalayas can reduce around 50 per cent of the pendency of cases in subordinate courts and can take care of the new litigations which will be disposed in six months.

What does the plea in SC say?

Advocate Prashant Bhushan, appearing for petitioner NGO National Federation of Societies for Fast Justice and others, placed before the Bench the state-wise data showing the steps taken by the authorities for establishing and functioning of Gram Nyayalayas under the 2008 Act.

Bhushan had said that only 208 Gram Nyayalayas are functioning in the country as against 2,500 estimated to be required by the 12th Five Year Plan.

As per details placed before the court by the petitioner, Goa has issued a notification for establishing two Gram Nyayalayas but none were functioning there, while Haryana has issued a notification for establishing three but only two are functioning.

It further said that Jharkhand has issued a notification for establishing six Gram Nyayalayas but only one is functioning while Karnataka has issued a notification for establishing two but none are functioning.

It said that Uttar Pradesh has issued a notification for establishing 113 Gram Nyayalayas, out of which only 14 are functioning, while the state had to establish 822.

The Supreme Court had in September agreed to hear a plea seeking a direction to the Centre and all states for taking steps to set up Gram Nyayalayas under the supervision and monitoring of the apex court.

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