Gram Nyayalaya

Grama Nyayalayas are mobile village courts established to provide speedy and easy access to justice system in the rural areas.

The Law Ministry had set up Gram Nyayalayas in 2009 through the Gram Nyayalayas Act, 2008.

Gram Nyayalaya is established at intermediate/block level panchayats and is presided by Nyaya Adhikari who is a Judicial Magistrate-first class.

Nyaya Adhikari is appointed by state government in consultation with High courts and will hold mobile courts in every village.

Article 39-A provides constitutional scope for Gram Nyayalaya as it mandates for free legal aid to the poor and weaker sections of society.

 Features of Gram Nyayalaya Act:

1. Jurisdiction: Civil and Criminal offences mentioned in the act and it can accept evidence which is not included in the evidence act.
2. Settlement: Gram Nyalayas can allow for conciliation and plea bargaining for settlement of disputes.
3. Inspection: High Court can authorise any judicial officer superior to Nyaya Adhikari to inspect the Gram Nyayalaya once in 6 months.
4. Appeal: It shall lie in the district court/sessions court and appeals shall be disposed within six months.

Issues:

1. Disputes settled by Grama Nyayalaya are mostly referred to district courts as result they fail to reduce burden on judiciary.
2. Ambiguities regarding jurisdiction due to the parallel existence of alternate dispute mechanisms, tribunals, adalats.
3. Huge number of vacancies in Gram Nyaya Adhikari posts.
4. Reluctance of state functionaries to invoke the jurisdiction of Gram Nyayalaya. For examples, as of 2022 only 15 states have taken steps to notify Gram Nyayalaya and they are operational in 11 states.
5. Lack of awareness among lawyers, police officials and other stake holders.

Reforms:

1. Clearly specifying the jurisdiction of Gram Nyayalaya and re-defining it to remove any ambiguities.
2. Conducting procedures in local language and making the process simple.
3. Providing adequate budget, staff and spreading awareness among people.
4. Making provision for Contempt of Nyaya Panchayat in the Gram Nyayalaya Act.