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Topic : SC Seeks Report on Gram Nyayalayas from States
GS-2 Mains : Polity and Governance
Context:
- The Supreme Court directed States and High Courts to submit a full report on establishing and functioning of Gram Nyayalayas (Village Courts).
About Gram Nyayalayas:
- Mandate: Delivering inexpensive justice at doorsteps in rural areas.
- Background:
- Established by the Gram Nyayalayas Act (2008).
- Recommended by the Law Commission of India’s 114th Report.
- Extends to all of India except Nagaland, Arunachal Pradesh, Sikkim, and some tribal areas.
- Appointment of Nyayadhikari (Judicial Officer):
- By the State Government in consultation with the High Court.
- Qualification: Must be eligible for appointment as a Judicial Magistrate of the first class.
Salient Features:
- Deemed Courts of Judicial Magistrate (First Class) with civil and criminal jurisdiction for petty disputes.
- Established by State Governments in consultation with High Courts.
- Not bound by strict rules of evidence (Indian Evidence Act, 1872) but guided by principles of natural justice (subject to High Court rules).
- Located at headquarters of intermediate Panchayats.
Issues with Gram Nyayalayas:
- Judicial Vacancies: Shortage of officers willing to serve in rural areas due to challenging conditions and lack of incentives. (Around 16,000 Gram Nyayalayas required, only 450+ set up, 300+ functional)
- Inadequate Facilities: Lack of dedicated court buildings, proper seating, essential equipment.
- Pendency of Cases: Slow case disposal defeats the purpose of speedy justice.
- Lack of Training: Judicial officers and staff often lack training in rural jurisprudence and socio-economic contexts.
- Delay in Notification: Many states slow to notify and establish Gram Nyayalayas, leading to uneven implementation.
- Coordination Issues: Lack of coordination between state governments and the judiciary creates administrative challenges.
- Financial Constraints: Insufficient financial allocations for establishment and maintenance affect operations and sustainability.
Way Ahead:
- Filling Judicial Vacancies: Streamline appointment process, provide incentives, offer specialized training.
- Case Management Systems: Implement effective systems to reduce pendency and streamline handling.
- Public Awareness: Conduct campaigns to inform rural populations about Gram Nyayalayas and ensure easy access.
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