When our villages would be legally equipped with gram nyayalaya?

Gram Nyayalayas Act, 2008 was enacted and came into force on October 2, 2009 for establishment of Gram Nyayalayas or village courts for speedy and easy access to justice system in the rural areas of India. This Enactment was framed to provide for the establishment of Gram Nyayalayas at the grass roots level for the purposes of providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities and for incidental matters connected therewith. However, though more than 12 years have passed the law has not been enforced properly. As on September 2019 there are only 208 functional Gram Nyayalayas in 9 States of India which are functional as against 2,500 courts estimated to be required by the 12th five-year plan. There have been problems in the implementation of this Act. Let us try to have a quick overview of the challenges and the way forward to overcome them.   It is said to be attributed mainly due to financial constraints, reluctance of lawyers, police and other government officials.

Though several states have issued notifications for establishing ‘Gram Nyayalayas’ but all of them were not functioning except in Kerala, Maharashtra and Rajasthan. States like Gujarat, Haryana, Telangana, West Bengal, Uttarakhand, Chhattisgarh and Odisha have not yet filed their affidavits on this issue despite the apex court’s direction issued during October 2019.

BENEFITS OF GRAM NYAYALAYAS

Considering the huge pendency of cases before various courts across the country and with the rapid increase in the number of people approaching the courts, the primary concern faced by the Judiciary is the escalation in the amount of new cases coming in and an ever-increasing backlog, which assumed insurmountable propositions making access to justice to the public at large a far delayed and long drawn process, Gram Nyayalayas derive the following benefits to the rural society: They would dispose of a large number of cases and thus relieve the burden of regular courts.

• The Gram Nyayalayas are presided over by a Judge, who will have the same power of a  Judicial First Class Magistrate .
• Any Court which is nearer to the people holds out greater opportunities for settlement and a decision taken by it does not leave behind that trial of bitterness which generally follows in the wake of litigation in ordinary courts.
• It can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regards.
• They are vested with both civil and criminal jurisdiction over the offences and 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 and enables speedy and cheap disposal of cases.
• All Criminal Offences can be tried in a summary manner in accordance with Chapter XXI of Code of Criminal Procedure and allows plea bargaining in accordance with Chapter XXIA of Code of Criminal Procedure.
• It can adopt special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice.
• Civil suits are heard on a day-to-day basis, with limited adjournments and are to be disposed of within a period of six months from the date of institution of the suit.
• In execution of a decree, the Court can allow special procedures following rules of natural justice.
• It can allow for conciliation of the dispute and settlement of the same in the first instance.
• They would succeed in getting a large number of cases compromised through peaceful conciliation.
• The villagers in general would be satisfied with the administration of justice obtaining in village or panchayat courts and as decisions of these courts can render substantial justice.
• Appeals and Revisions on Orders from these Courts will be minimum.
• The litigants and witnesses who are mostly agriculturists can conveniently attend the courts and thus there would be no interference with agricultural activities in the village.
• They could bring justice nearer to the villager without involving the expenditure which would otherwise have to be incurred in establishing regular courts.
• People in a village are so closely known to each other that the parties to a dispute would not be able to conceal or produce false evidence easily and those who tell lies before these courts and face the risk of being looked down upon and even boycotted by others.

DIRECTIONS OF SUPREME COURT FOR ESTABLISHING ‘GRAM NYAYALAYAS’

Many States did not issue notification and in the February of 2020 the Supreme Court had to direct them to notify and impose a fine of rupees one lakh for their failure. The inadequacy of funds to establish an infrastructure is cited as the major reason for this dismal situation. Besides finance and political will, lack of coordination between high courts and state governments has also delayed setting up of Gram Nyayalayas. The bench advised 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 respective state governments. The bench noted that states like Gujarat, Haryana, Telangana, West Bengal, Uttarakhand, Chhattisgarh and Odisha have not yet filed their affidavits on this issue despite its direction during October 2019.

The Supreme Court has directed the states, which are yet come out with notifications for establishing ‘Gram Nyayalayas’, to ensure compliance within four weeks, and asked the high courts to expedite the process of consultation with state governments on this issue. The Bench comprising of Justices Sanjiv Khanna and Krishna Murari directed the states to  file their affidavits and 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 respective state governments. But the prevalent Corona pandemic would become a readymade excuse for all to substantiate the delay though the directions from the Supreme Court is pending implementation for nearly one year.

Infrastructure should be the priority to establish permanent Gram Nyayalayas in our country. Effective training of Judicial officers keeping in mind the social fabric of rural India is yet to be formally structured under a statutory legal framework as per recommendations of Law Commission. Instead of entrusting this job to the State Government, Ministry of Justice, Government of India should take lead and co-ordinate with respective High Courts of the State with the available legal infrastructure including the empanelled advocates of the State Legal Service Authorities and ensure compliance of institution village courts that would ensure justice at the grass-root levels in our democracy.

It’s high time that all financial constraints and legal impediments can always be overcome only when the “Elected” wholeheartedly engages its resources at command including Infrastructure and appointment and training of judicial officers so that Justice Delivery System reaches the grass root levels to every nook and corner of the country.