THE GRAM NYAYALAYAS ACT OF 2008

This article is written by Ayushi Mahawar, an intern under Legal Vidhiya

ABSTRACT

The Gram Nyayalayas Act of 2008 was introduced to establish grassroots-level courts, aiming to provide accessible and prompt justice to citizens, particularly those facing social and economic constraints. These courts, inspired by traditional village dispute resolution mechanisms, were envisaged to address court backlogs and ensure efficient justice delivery. The research examines the enactment, features, and limitations of the Gram Nyayalayas Act, including the appointment of Nyayadhikaris and the trial of criminal and civil cases. Despite their potential advantages, Gram Nyayalayas face jurisdictional issues and limited awareness among stakeholders. Nonetheless, they represent a significant step towards judicial reform and enhancing access to justice. The study underscores the importance of sustained efforts to overcome obstacles and maximize the impact of Gram Nyayalayas in addressing societal needs and reducing legal disparities.

KEYWORDS

Gram Nyayalayas Act, Natural Justice, Alternative Dispute Resolution, Judicial Reform.

INTRODUCTION

The Gram Nyayalayas Act of 2008 was passed to establish Gram Nyayalayas at the grassroots level. The Law Commission of India, in its 114th Report[1], proposed the establishment of Gram Nyayalayas to offer affordable and prompt access to justice to citizens at their doorsteps and to prevent any denial of justice due to social, economic, or other constraints. Subsequently, the Gram Nyayalayas Bill was passed by Parliament on December 22, 2008, and the Gram Nyayalayas Act became effective on October 2, 2009. In terms of historical context, Nyaya Panchayats (NPs) or village courts have existed since pre-independence times, where community disputes were traditionally resolved by village elders or respected individuals known for their integrity. The growing concern over court backlogs and delays in justice delivery led to the introduction of various Alternative Dispute Resolution (ADR) mechanisms within the judicial system to expedite justice. While procedures under the Arbitration and Conciliation Act of 1996 are helpful, they can still be costly and inaccessible to rural communities[2]. Similarly, Lok Adalats, overseen by retired judges, were ineffective in providing timely justice to rural areas. Recognizing the need to decentralize judicial functions and ensure swift justice while reducing the burden on the formal judiciary, the Gram Nyayalayas Act, 2008 was enacted to establish Gram Nyayalayas at the block level across the country, serving as the lowest tier of the rural judiciary.

FEATURES OF THE GRAM NYAYALAYAS ACT

• Gram Nyayalayas aims to provide affordable justice to rural communities. They will be established for each intermediate Panchayat or a group of contiguous Panchayats. The Gram Nyayalayas will be based at the headquarters of the intermediate Panchayat. The Nyayadhikari is required to make regular visits to villages and has the authority to listen to the involved parties and resolve cases at a location other than the Nyayalaya’s main headquarters.
• The Gram Nyayalayas will try criminal cases, civil suits, claims, and disputes described in the Act’s First and Second Schedule. They are to follow summary procedure in criminal trials. Following a judgment, the Gram Nyayalaya promptly provides free copies to both parties involved. Furthermore, individuals accused of an offense have the option to apply to plea bargaining.
• The conciliators that the Gram Nyayalayas appoint will be used to facilitate conciliation between the parties to settle disputes as much as possible. The Gram Nyayalayas will follow the principles of natural justice instead of the rules of evidence outlined in the Indian Evidence Act, of 1872, subject to any rules issued by the High Court.
• Disputes should be resolved through conciliation to the greatest extent possible, with Gram Nyayalayas making use of the appointed conciliators for this purpose. Gram Nyayalayas are not bound by the rules of evidence outlined in the Indian Evidence Act, of 1872, but rather operate under the principles of natural justice, subject to any rules established by the High Court[3].
• During the initial proposal of Gram Nyayalayas, it was envisioned that they would be established at the intermediate panchayat level. A scheme of central assistance was concurrently devised to financially support the setup costs, with assistance capped at Rs. 18.00 lakhs per Gram Nyayalaya as a one-time measure. The Central Government also decided to bear 50% of the recurring expenses for these courts, up to a maximum of Rs. 3.2 lakhs per court per year for the first three years of their operation[4].
• The appointment of a Nyayadhikari for each Gram Nyayalaya is to be done by the State Government, in consultation with the High Court. To be eligible for this position, an individual must meet criteria akin to those required for the appointment of a Judicial Magistrate of the first class. Moreover, during the selection process, priority is given to ensuring representation from marginalized groups, including Scheduled Castes, Scheduled Tribes, women, and other specified communities as designated by the State Government. The salary, allowances, and terms of service for a Nyayadhikari align with those applicable to a Judicial Magistrate of the first class[5].
• Nyayadhikari is prohibited from presiding over proceedings in any Gram Nyayalaya where they hold a personal interest are involved in the subject matter of the dispute, or are related to any party involved in such case. In such instances, the matter is referred to the appropriate District Court or Court of Session for transfer to another Nyayadhikari. Additionally, Nyayadhikari is required to conduct regular visits to the villages within their jurisdiction to hold mobile courts and oversee proceedings in those villages[6].
• A Gram Nyayalaya can try only certain cases on the criminal and civil sides, as provided in the Schedules to the Act.
• Proceedings before the Gram Nyayalaya and its judgments should, wherever practical, be conducted in one of the official languages of the State, excluding English.

LIMITATIONS OF THE ACT

• Reducing the workload of the higher courts and delivering justice quickly were two of the key goals underlying the establishment of these courts. However, district courts continue to have a backlog of cases because of the frequent appeals filed against the Nyayalaya’s rulings.
• The number of cases and conflicts that have been settled by gram nyayalayas or village courts is extremely small, almost non-existent. This suggests that the public does not have faith in these organizations.
• The position of Nyayadhikari, equivalent to First Class Magistrate, is not filled by a regular cadre. Reforming the bureaucracy is therefore necessary.
• There are questions regarding the nyayalaya’s jurisdiction because there are other places for redress, such as tribunals and lok adalats.
• Among the gram nyayalayas that are now in place around the nation, some are situated in densely populated areas and others in places that are not very useful to the locals.
• One concern is the potential for the improper dispensation of justice, as judges are not selected through merit-based examinations. Additionally, since Nyayadhikaris are appointed by the state, there may be issues regarding their accessibility to the people.
• The Act aims to establish Gram Nyayalayas as the lowest tier of the judiciary for rural areas. Nevertheless, there is a call for a similar provision to be extended to urban areas. Furthermore, the Act designates a Gram Nyayalaya as the lowest court of the subordinate judiciary in a state. However, according to the CrPC, the Court of a Magistrate of the Second Class is the lowest court. Both courts possess jurisdiction over cases where the punishment does not exceed imprisonment for a year. Addressing this issue of overlapping jurisdiction is imperative[7].

ADVANTAGES OF GRAM NYAYALAYAS

As part of the judicial reforms, the Gram Nyayalayas are considered an essential step in eradicating backlogs. After all Gram Nyayalayas become operational and start running nationwide, citizens will not have to use the costly and time-consuming courts. These Nyayalayas aim to resolve new cases within six months, significantly reducing pending cases in subordinate courts by approximately half. Their mission is to ensure that all citizens, regardless of social, economic, or other constraints, have access to justice[8].

ISSUES WITH GRAM NYAYALAYAS

Despite their potential, Gram Nyayalayas resolve only a fraction of disputes, with the majority being appealed to District forums. Consequently, they do not lessen the administrative burden on District Courts. Jurisdictional challenges arise due to the presence of alternative conflict resolution mechanisms, tribunals, and adults. Furthermore, Gram Nyayalayas are presided over by First Class Court Magistrates, Civil Judges (grade I or grade II), or occasionally overburdened Chief Court Magistrates. Many stakeholders, including litigants, solicitors, and police officers, are unaware of the existence of Gram Nyayalayas. There is also a lack of awareness-building initiatives such as conferences or seminars. Moreover, serious infrastructure and security concerns persist. The Gram Nyayalayas Act of 2008 establishes the applicability of the Code of Criminal Procedure, 1973 for addressing criminal matters brought before the Nyayalaya. Initially, the cases will be quickly resolved through a streamlined process, and a traditional trial system would only be undertaken at the discretion of Nyayadhikari as outlined in Sections 18 and 19 of the act. In civil cases, the Code of Civil Procedure is not followed in its entirety since the Nyayalayas have several unique powers that enable them to provide justice more quickly. According to Section 24(6) of the Act, the Nyayalaya may handle civil cases by adopting discretionary powers that are deemed appropriate and reasonable for administering justice[9].

Thus, it can be concluded that the procedural mechanism outlined in the Act does not entirely conform to both the criminal and civil procedural codes of the country. It shares similarities with them in some respects while also differing in many aspects.

APPEALS AGAINST NYAYALAYA’S VERDICT

In cases where litigants are dissatisfied with the Nyayalaya’s decision, they may seek recourse through higher judicial authorities for both criminal and civil matters.

• Criminal Matters: Criminal matters can be appealed against by filing a case in the relevant jurisdiction’s Sessions Court, provided that it is heard and resolved within the six-month statute of limitations.         
• Civil Matters: Appeals against any ruling given by the gram Nyayalaya regarding civil proceedings may be brought in the District Court of the appropriate jurisdiction; they must also be heard and decided within the six-month limitation period.    

TYPES OF OFFENCES TRIED BY NYAYALAYAS

Differentiating between Schedule I and Schedule II of the Act is crucial for understanding the types of offenses tried by Nyayalayas. Both schedules are subject to amendments by both central and state governments.

• Schedule I[10] lists offenses falling under the jurisdiction of Nyayalayas. These include criminal acts such as theft, concealment, receiving and disposal of stolen goods, and intentional insults causing public disturbance, among others. Essentially, offenses not punishable by death and carrying a penalty of life imprisonment exceeding two years fall under the adjudication of these mobile village courts.
• Schedule II[11] outlines specific statutes and offenses which are to be tried within the criminal jurisdiction of the rural courts. These statutes include the Payment of Wages Act, of 1936, the Protection of Civil Rights Act, of 1955, the Bonded Labour System (Abolition) Act, of 1976, the Protection of Women from Domestic Violence Act, of 2005, and the Equal Remuneration Act, of 1976. Civil matters such as property disputes also come under this schedule of the Act.

CONTEMPORARY RELEVANCE OF THE ACT

The Supreme Court of India, in the case of the National Federation of Societies for Fast Justice and Ors. v. Union of India, issued a directive in February 2020 to states that had neglected to submit a notification regarding the establishment of rural mobile courts, also known as Gram Nyayalayas, under the Gram Nyayalayas Act, 2008, to do so within a month. The Supreme Court also urged the High Courts to expedite the process of initiating consultations with respective state governments. The creation of as many Gram Nyayalayas as feasible is crucial since they are a crucial component of the judicial reforms needed to completely restructure the institution. They are also necessary for quickly resolving conflicts at the local level, which lessens the load on the lower judiciary. Even appeals against rural court rulings are subject to a six-month statute of limitations for decision-making.

The Act was enacted to create 5,000 nyayalayas, or village courts, around the nation. The statistics as of September 2019 paint a very different image, far from the intended outcome. In the entire nation, there are just 208 operational gram nyayalayas or rural courts. Only 11 of the 28 states that make up the Union of India have so far taken action and made an effort to inform people about gram nyayalayas across the nation[12].

CONCLUSION

In conclusion, the Gram Nyayalayas Act of 2008 represents a significant attempt to decentralize the judicial system and provide accessible justice to rural communities in India. Inspired by traditional village dispute resolution mechanisms, these grassroots-level courts aim to address the longstanding issues of court backlogs, delays in justice delivery, and limited access to legal remedies, particularly among marginalized populations. The Act introduced several key features to facilitate the establishment and functioning of Gram Nyayalayas, including provisions for the appointment of Nyayadhikaris, trial procedures for criminal and civil cases, and emphasis on conciliation and principles of natural justice. Despite these progressive measures, the Act faces various limitations and challenges, including jurisdictional issues, limited awareness among stakeholders, infrastructure deficiencies, and concerns regarding the selection and accessibility of Nyayadhikaris. While Gram Nyayalayas have the potential to significantly improve access to justice and reduce legal disparities, their impact has been hampered by operational constraints and implementation challenges. The low number of operational Gram Nyayalayas compared to the envisioned goal underscores the need for sustained efforts to overcome obstacles and maximize their effectiveness in addressing societal needs. The contemporary relevance of the Gram Nyayalayas Act remains significant, as evidenced by recent directives from the Supreme Court urging states to expedite the establishment of rural mobile courts. However, comprehensive reforms and increased investment are necessary to realize the full potential of Gram Nyayalayas in transforming the justice delivery system and ensuring justice for all citizens, especially those in rural and marginalized communities. In summary, while the Gram Nyayalayas Act represents a positive step towards judicial reform and enhancing access to justice, continued efforts are required to address existing challenges and fully realize its objectives of providing affordable, prompt, and accessible justice at the grassroots level.

REFERENCES

1. Gram Nyayalaya, https://dashboard.doj.gov.in/gn/introduction (last visited Feb. 22, 2024).
2. iPleaders, https://blog.ipleaders.in/study-gram-nyayalayas-act-2008/#The_Gram_Nyayalayas_Act_2008 (last visited Feb. 22, 2024).
3. STUDY IQ, https://www.studyiq.com/articles/gram-nyayalay/ (last visited Feb. 23, 2024).
4. BYJU’S, https://byjus.com/free-ias-prep/gram-nyayalayas/ (last visited Feb. 20, 2024).
5. Prepp, https://prepp.in/news/e-492-gram-nyayalayas-indian-polity-upsc-notes (last visited Feb. 20, 2024).
6. IAS EXPRESS, https://www.iasexpress.net/gram-nyayalayas/ (last visited Feb. 23, 2024).

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[1]Gram Nyayalaya, https://dashboard.doj.gov.in/gn/introduction (last visited Feb. 22, 2024).

[2] BYJU’S, https://byjus.com/free-ias-prep/gram-nyayalayas/ (last visited Feb. 20, 2024).

[3] IAS EXPRESS, https://www.iasexpress.net/gram-nyayalayas/ (last visited Feb. 23, 2024).

[4] Gram Nyayalaya, https://dashboard.doj.gov.in/gn/introduction (last visited Feb. 22, 2024).

[5] STUDY IQ, https://www.studyiq.com/articles/gram-nyayalay/ (last visited Feb. 23, 2024).

[6] BYJU’S, https://byjus.com/free-ias-prep/gram-nyayalayas/ (last visited Feb. 20, 2024).

[7] BYJU’S, https://byjus.com/free-ias-prep/gram-nyayalayas/ (last visited Feb. 20, 2024).

[8] Prepp, https://prepp.in/news/e-492-gram-nyayalayas-indian-polity-upsc-notes (last visited Feb. 20, 2024).

[9] STUDY IQ, https://www.studyiq.com/articles/gram-nyayalay/ (last visited Feb. 23, 2024).

[10] iPleaders, https://blog.ipleaders.in/study-gram-nyayalayas-act-2008/#The_Gram_Nyayalayas_Act_2008 (last visited Feb. 22, 2024).

[11] iPleaders, https://blog.ipleaders.in/study-gram-nyayalayas-act-2008/#The_Gram_Nyayalayas_Act_2008 (last visited Feb. 22, 2024).

[12] iPleaders, https://blog.ipleaders.in/study-gram-nyayalayas-act-2008/#The_Gram_Nyayalayas_Act_2008 (last visited Feb. 22, 2024).

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