Gram Nyayalayas: Village Courts in India

Gram Nyayalayas are village courts for speedy and easy access to the justice system in the rural areas of India.
The establishment of Gram Nyayalayas in India can be traced to the Gram Nyayalayas Act, 2008 passed by the Parliament of India.
Even though the target was to set up 5000 village courts in India, only about 200 Gram Nyayalayas are functional now.

The Need for Gram Nyayalayas

The Constitution of India under Article 39-A mandates for free legal aid to the poor and weaker sections of society. The Law Commission of India in its 114th report recommended the establishment of Gram Nyayalayas for providing speedy, substantial and inexpensive justice to the common man.

Subsequently, the Parliament of India passed the Gram Nyayalayas Act, 2008 providing for its establishment.

Salient features of the Gram Nyayalayas Act

The Gram Nyayalayas Act defines its establishment, jurisdiction, and procedure in civil and criminal cases.

Establishment:
#Each Gram Nyayalaya is a court of Judicial Magistrate of the first class.
#Its presiding officer (Nyayadhikari) is appointed by the State Government in consultation with the High Court.
#The Gram Nyayalaya shall be established for every Panchayat at the intermediate level or a group of contiguous Panchayats at the intermediate level in a district.
#The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat; they will go to villages, work there and dispose of the cases.

Jurisdiction:

#Gram Nyayalayas have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
#Nyayadhikari can hold mobile courts and conduct proceedings in villages.
#Gram Nyayalayas have both civil and criminal jurisdiction over the offences.

    -They can try criminal offences specified in the First Schedule and civil suits specified in Second Schedule to the Act.
    -The Central as well as the State Governments have been given the power to amend the First Schedule and the Second Schedule of the Act.
    -The pecuniary jurisdiction of the Nyayalayas is fixed by the respective High Courts.

#High Courts can transfer eligible cases from the District court to the Gram Nyayalayas.
#The Court shall try to settle disputes via conciliation between the parties and the court can make use of the conciliators to be appointed for this purpose.

Summary Procedure:

#Gram Nyayalayas shall follow a summary procedure in the criminal trial. Summary proceedings are faster and simpler than ordinary steps in a suit. They are normally deployed for cases involving a smaller number of definite issues that require prompt action.
#The judgments and orders passed by Gram Nyayalayas are deemed to be a decree.
#Gram Nyayalayas are not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court.

Appeal

#The appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal.
#The appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.
#A person accused of an offence may file an application for plea bargaining.
Need for Gram Nyayalayas
#Access to justice for the poor and marginalized remains a perennial problem in India.
#Various measures such as simplifying procedural laws, establishing alternate dispute redressal mechanisms, setting up fast track courts and providing free legal aid to the poor are undertaken in this regard.
#Despite these measures, access to justice and faster, inexpensive settlement of disputes at the grass-roots level are yet to materialize.
#Gram Nyayalayas can greatly help in

   - devolving justice delivery to the fourth tier
   - ensuring equal access to justice
   - reducing the burden of district courts
    -delivering speedier justice
   - reducing the costs associated with litigation for the common man
   - reducing dependency on extra-constitutional forums of justice