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Gram nyayalayas

• The Gram Nyayalayas Act, 2008, passed by the Indian Parliament, is credited with establishing Gram Nyayalayas in India.

Background

• the 114th law commission report suggested creating gram nyayalayas to offer swift, substantial, and inexpensive justice.
• Following that, the gram nyayalayas act of 2008 was passed by the Indian Parliament, providing for its establishment.

Data

• National federation of societies for fast justice
• Limited implementation: it stated that against a targeted requirement of 2,500-gram nyayalayas, which were to be established by the end of the 12th five-year plan in 2017, only 320 had been notified by just 11 state governments.
• Not functioning: several states have issued notifications for establishing gram nyayalayas, but they were only functioning in Kerala, Maharashtra, and Rajasthan.
• Worse, as of September 2019, only 204-gram nyayalayas were functional in India. In the past decade or so, as many as 18 states have chosen not to notify any gram nyayalayas at all.
• No GN in the northeast: moreover, not a single gram nyayalayas has become operational in northeastern states. 

Constitutional and legal provisions

• Article 39-A: mandates free legal aid to the poor and weaker sections of society.
• Section 3 of the gram nyayalayas act 2008 provides for establishing gram nyayalayas.

Salient features of the Gram Nyayalayas Act

• Establishment: 

• Each Gram Nyayalaya serves as a court of first-class judicial magistrates.
• The State Government, in cooperation with the High Court, appoints its presiding officer (Nyayadhikari).
• Every intermediate-level Panchayat in a district, or a group of adjacent intermediate-level Panchayats, must have a Gram Nyayalaya created.
• The headquarters of the intermediate Panchayat will house the Gram Nyayalaya's office; members of the organization will travel to the villages to work and handle matters there.

• Jurisdiction: 

• In accordance with a notification issued by the State Government after consulting with the relevant High Court, Gram Nyayalayas have jurisdiction over a certain region.
• Nyayadhikari has the ability to hold mobile courts and holds hearings in rural areas.
• Gram Nyayalayas can prosecute offenders in both civil and criminal courts.
• They have the authority to hear civil lawsuits and the criminal offences included in the Act's Second Schedule and First Schedule, respectively.
• The First Schedule and the Second Schedule of the Act may be amended by both the Central Government and the State Governments.
• The respective High Courts establish the Nyayalayas' pecuniary jurisdiction.
• High Courts may transfer cases that meet certain criteria from District courts to Gram Nyayalayas.

• Summary Procedure

• The criminal trial will follow a streamlined procedure at Gram Nyayalayas. Summary proceedings are quicker and easier than traditional courtroom procedures. They are typically used when fewer urgent problems need to be solved.
• The Gram Nyayalayas' judgments are regarded as decrees.
• The Indian Evidence Act, 1872's rules of evidence do not apply to gram nyayalayas, who are instead governed by the principles of natural justice and are subject to any regulations issued by the High Court.
• Appeal:
• In Criminal cases, an appeal may lie to the Court of Session, which must hear the appeal within six months of the date it was filed for an appeal and render a decision.
• In civil disputes, an appeal will lie to the district court, which must be heard within six months after the appeal filing date.
• Anyone accused of an offence may submit a plea bargaining application.

Need for Gram Nyayalayas

• For the poor and marginalized, access to justice is still a constant issue in India.
• In this regard, a number of actions are taken, including the simplification of procedural legislation, the creation of alternative dispute resolution procedures, the creation of fast-track courts, and the provision of free legal aid to the underprivileged.
• Despite these initiatives, access to justice and quicker, less expensive resolution of conflicts at the local level has yet to be realized.
• Gram Nyayalayas might be very beneficial in the: 
• devolving justice delivery to the fourth tier
• Making sure everyone has access to justice
• easing district courts' workload
• dispensing justice more quickly
• Lowering the expenses of litigation for the commoner.
• Minimizing reliance on extra-constitutional forums of justice.

Why is Gram Nyayalayas not operational?

• Absence of buildings, offices, and other necessary infrastructure
• At the sub-district level, there need to be more human resources, notaries, stamp merchants, etc.
• Insufficient Central support
• Lawyers and police officers lack awareness
• The absence of cooperation from the enforcement agencies
• the unwillingness of state functionaries to invoke Gram Nyayalayas authority
• The establishment of Taluk-level legal services institutes reduces reliance on Gram Nyayalayas.

Criticisms on Gram Nyayalayas

• Gram Nyayalayas seldom resolve issues; the majority are referred to District forums instead. As a result, they could be more effective at lightening the workload of District Courts.
• Lack of a regular Gram Nyayadhikari cadre
• Due to the concurrent existence of alternative conflict processes, tribunals, adalats, etc., there are uncertainties about jurisdiction.
• Several Gram Nyayalayas are situated in cities and towns, making them of little use to the villages.
• Knowledge among various stakeholders needs to be improved.

Way forward/ how to improve the functioning of gram nyayalayas

• Specifying the jurisdiction of gram nyayalayas and re-defining it to remove any ambiguity.
• The law commission also mooted establishing a regular cadre of gram nyayadhikaris.
• Apart from the legal and procedural requirements of gram nyayalayas, training may also include the community's local language amongst whom they are posted.
• Conducting procedures in local languages and with simpler procedures.
• Creating awareness among stakeholders via seminars, press releases, etc.
• Constructing, hiring, and funding Gram Nyayalayas and including them in the state budget.
• Establishing permanent Gram Nyayalayas at the intermediate level at a convenient place for the general public.