Feasibility of Gram Nyayalayas

Syllabus :GS 2/Governance 

In News

• The Supreme Court questioned the practicality of establishing Gram Nyayalayas given the inadequate infrastructure of regular courts.

About Gram Nyayalayas

• The Law Commission of India proposed the establishment of Gram Nyayalayas in its 114th Report to ensure affordable and quick access to justice for rural citizens. 
• The Gram Nyayalayas Act was enacted on October 2, 2009, applying throughout India except  in certain northeastern states and specified tribal areas.
  • The Act does not apply to Nagaland, Arunachal Pradesh, Sikkim, and certain tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Key Features and Objectives:

• Location: Headquarters at the intermediate Panchayat; Nyayadhikaris may visit villages to hear cases.
• Accessibility: Designed to provide inexpensive justice at the doorstep of rural communities.
• Establishment: Set up for each intermediate Panchayat or groups of contiguous Panchayats, located at their headquarters.
• Procedures: Handle specified civil and criminal cases using a summary procedure, with an emphasis on conciliation.
• Flexibility: Not strictly bound by the Indian Evidence Act, guided by natural justice principles.

Challenges 

• Feasibility Concerns: The Supreme Court questioned the practicality of establishing gram nyayalayas given the inadequate infrastructure of regular courts.
  • Only about 314 out of a targeted 2,500 gram nyayalayas are operational across India.
• Funding Issues: State governments struggle to fund existing courts, making it unlikely they can support additional rural courts.
• Limited Effectiveness: Concerns were raised about the effectiveness of gram nyayalayas, as some magistrates handle very few cases (e.g., one in Karnataka managed only 116 cases in four years).
• Potential Burden on Higher Courts: The court warned that establishing these rural courts might lead to an increase in appeals and writ petitions in high courts, counteracting the intended purpose of declogging district courts.

Suggestions 

• The  Supreme Court suggested increasing the number of regular courts and judicial officers, rather than establishing more gram nyayalayas.
• The court proposed that the establishment of gram nyayalayas should be based on specific state needs rather than a uniform mandate across all states.

Source :HT