Gram Nyayalayas

News Excerpt:

Recently, the Supreme Court emphasized the importance of establishing 'Gram Nyayalayas' to provide affordable and speedy justice at the grassroots level to the citizens at their doorsteps and also reduce the huge pendency of cases in trial courts. 

Key Highlights of the Order:

Directive to State Authorities:

  • The Supreme Court directed the chief secretaries of all states and registrar generals of high courts to file affidavits within six weeks.
    • These affidavits must detail the establishment and functioning of Gram Nyayalayas, including the infrastructure provided.

Supreme Court's Observations:

  • The Court noted that the establishment of Gram Nyayalayas is crucial for de-clogging trial courts and providing easy access to justice.
  • It highlighted that the right to justice includes the right to affordable justice.
  • The Court also reiterated a previous order from January 2020, which directed states to issue notifications for the establishment of Gram Nyayalayas within four weeks and urged high courts to expedite consultations with state governments.
  • Before filing affidavits, state chief secretaries and registrar generals of high courts are to coordinate on the policy for establishing Gram Nyayalayas.

Background of the Gram Nyayalayas Act, 2008:

The Act, passed by Parliament in 2008, mandates the establishment of Gram Nyayalayas to offer justice at the doorstep of citizens.
  • The Act aims to ensure justice is not denied due to social, economic, or other disabilities.
  • It requires the appointment of a 'Nyayadhikari' for each Gram Nyayalaya, who should be eligible to be appointed as a judicial magistrate of the first class.
  • These rural courts are intended to reduce the massive backlog of cases in trial courts and ensure that justice is accessible to all, regardless of social, economic, or other barriers.

Current Status and Concerns:

  • Despite the Act being in place for 16 years, only 264 Gram Nyayalayas are currently functional, far below the expected number of 6,000.
    • Not even four per cent of Gram Nyayalayas have been established.
  • The petition, filed in 2019, sought directions for the establishment of Gram Nyayalayas under the supervision of the Supreme Court.

Conclusion:

Hence, The Supreme Court's order is a significant step towards ensuring that justice is accessible and affordable for all citizens, particularly in rural areas.

 

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