Gram Nyayalayas or Village Courts

Introduction

Article 39A of the Constitution of India provides that the State shall ensure that legal aid is not being denied to any citizen because of economic or other disabilities. Recently the Supreme Court has directed to certain for establishing Gram Nyayalayas.[1] Our country is divided into two sections that of the urban citizens who have easy access to the courts & other are of rural citizens who can't afford & have easy access to justice. Ideas of equality & access to justice are of utmost importance in a democratic country. Thus to achieve these goals, the Parliament came up with Gram Nyalayas Act, 2008 & Gram Nyalayas were established to provide a cost-effective forum to rural parts of the country.

What is Gram Nyalayas?

Gram Nyalayas are the mobile village courts & exercise the powers of civil & criminal courts. Such courts move from village to village & dispose of the matters. Headquarters of such courts shall be located at the headquarters of the intermediate Panchayat in which the Gram Nyayalaya is established.[2]

Salient Features

1. Such courts shall be presided over by Nyayadhikaris, who are strictly judicial officers & they shall be provided with the same salary as that of Judicial Magistrate First Class.
2. Jurisdiction:

Such courts shall be mobile courts & they shall exercise powers specified under 1st Schedule to the Act. They shall follow the procedure provided in the Act.

They shall try to solve the disputes as far as possible by bringing about conciliation between the parties.

They are not bound to follow the rules of evidence as given under the Indian Evidence Act, 1872, but they shall follow the principles of natural justice.

Summary Procedure

In criminal matters, such courts shall follow the summary trial procedure as the main aim of such courts is to provide speedy justice.

Appeals

In case of civil matters, an appeal shall lie to District Court & such appeal shall be disposed of within six months from the date of its filing.[3]

Whereas in criminal cases, an appeal shall lie to a court of sessions & it shall also be disposed of within 6 months from the date of filing of such appeal.[4]

Problems with the system

1. Target was to establish 5000 such courts, but we're not even close to this number till now.
2. There is no separate cadre for such courts & as a result, it overburdens the judicial officers.
3. Gram Nyalayas are supposed to be established at remote locations at which people find it difficult to reach the regular courts, but many of such courts are working at places where ordinary civil courts have parallel jurisdiction.
4. Jurisdiction of such courts is not determined.
5. Lawyers & other officers aren't cooperative because of inadequate allowances & hazardous locations.

Conclusion

Access to justice is one of the most important aims of any democratic country, and the government shall take all the necessary steps to achieve it. The present system has not been able to deal with the issue & of course some changes are required. A separate cadre shall be there for such officers. There shall be a different training for Nyayadhikaris. Security & infrastructure at such remote locations shall be taken into consideration. And people at such places shall be made aware of such courts.

[Authors Profile: Kunwar Bir Singh, a 3 rd year B.A.LL.B.(Hons.) student from University Institute of Legal Studies, Panjab University, Chandigarh]…………………………………………………………………………………………………….

[1] NATIONAL FEDERATION OF SOCIETIES FOR FAST JUSTICE & ANR. v. UOI & Ors.

[2] Section 4 of the Gram Nyayalayas Act 2008

[3] Section 34 of the Gram Nyayalayas Act 2008

[4] Section 33 of the Gram Nyayalayas Act 2008