GRAM NYAYALAYAS

GRAM NYAYALAYAS

·         Equality and justice are indisputably two key facets of the idea of a modern, democratic, and constitution-adhering India.

·          The principles of equality and justice are realized by the State apparatus through the business of administration of justice.

·          India’s judicial system is characterized by systemic problems, including corruption, delays, pendency, increasing costs, limited legal aid, and a lack of appropriately trained lawyers and judges.

·         To overcome these problems the Law Ministry had set up Gram Nyayalays in 2009 with an aim to provide a cost-effective forum at the grassroot level for the poor living in villages to settle legal matters.

·          It was established by the Gram Nyayalayas Act, 2008.

·          This Act perpetuates the phenomenon of two Indias –

·          that of the better-resourced urban citizen who can afford and has access to the courts, and the other India of the impoverished–

·         the more disconnected rural citizen, who gets primary access to forums that focus primarily on disposing of their claims, minus the application of essential safeguards of the legal process – lawyers, appeals, procedural protections, and evidentiary requirements.

·         The Gram Nyayalaya was proposed by the 114th Law Commission way back in 1986. The report recommended the concept of the Gram Nyayalaya with two objectives.

·          While addressing the pendency in the subordinate courts was the major objective, the other objective was the introduction of a participatory forum of justice.

·          To make it participatory the Law Commission recommended that the Magistrate be accompanied by two lay persons who shall act as Judges, that the legal training of the Magistrate will be complemented by the knowledge of the lay persons who would bring in the much required socio-economic dimension to adjudication.

·          It was proposed that such a model of adjudication will be best suited for rural litigation.

·         The Law Commission also observed that such a court would be ideally suited for the villages as the nature of disputes coming before such a court would be ‘simple, uncomplicated and easy of solution’ and that such disputes should not be enmeshed in procedural claptrap.

Salient Features of Gram Nyayalaya Act, 2008 which came into effect from Oct 2, 2009 are:

a)       Gram Nyayalayas are aimed at providing inexpensive justice to people in rural areas at their doorsteps.

b)       The Gram Nyayalaya shall be court of Judicial Magistrate of the first class and its Presiding Officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.

c)       The Gram Nyayalaya shall be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State.

d)       The Nyayadhikaris who will preside over these Gram Nyayalayas are strictly judicial officers and will be drawing the same salary, deriving the same powers as First Class Magistrates working under High Courts.

e)       The Gram Nyayalaya shall be a mobile court and shall exercise the powers of both Criminal and Civil Courts.

f)        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.

g)       The Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Act.

h)       The Gram Nyayalaya shall follow summary procedure in criminal trial.

i)         The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose.

j)        The judgment and order passed by the Gram Nyayalaya shall be deemed to be a decree.

k)       The Gram Nyayalaya shall 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.

l)         An 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.

m)     An 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.

n)       A person accused of an offence may file an application for plea bargaining.

o)       The proceedings will be carried out in the local language.

Analysis of Gram Nyayalayas

·         The Gram Nyayalaya, the latest judicial mechanism to provide access to justice at grass roots level although, looks beautiful from its face, but, there may be some practical difficulties in its functioning.

The problems may be described as:

• About the adequate number of courts to address whole of rural India – Initially, it was decided to form Gram Nyayalaya for every 50000 people and estimated 6000 Gram Nyayalayas were to be constituted but at present the government has declared 5000 Gram Nyayalayas only.
•  However, from the population and Nyayalaya ratio it can be apprehended that the number of Nyayalayas cannot meet the whole of rural India.
• So, many people cannot get the benefit of these courts.
• About adequate number of qualified nyayadhikaries–About the appointment of Nyaadhikaries, Section 6(2) of the Act provides for adequate representation from the SC, ST, women and other categories should be maintained, but, from the trend of employment in J.M.F.C of various States it is found that sufficient number of candidates for each category may not be available to be appointed to these posts. Thus, it may lead to vacancy of posts, hence defeat the object of the Act.
• Regarding constitution of the courts- It is mentioned that Gram Nyayalaya is the lowest court of subordinate judiciary and integral part of existing judiciary. It is a court of JMFC, the magistrate/presiding officer of this court will be called as Nyayadhikari. But, the court structure provided in Cr.P.C. does not provide for either Gram Nyayalaya or Nyayadhikari, which may create confusion in the powers of the court.
• Regarding the court system – It is mentioned that Gram Nyayalaya is to conduct the cases in close proximity of the cause of action and it will be a mobile court and the procedure is of adversarial system of justice and a time frame for judgment is also provided in it.
• Thus the court must go to the place of cause of action at the request of the aggrieved party to decide the matter.
•  For the time frame, it may not wait for the parties or witness to prove the particular fact in issue and pass order.
• A question arises, what will happen if the opposite party or all the necessary parties in case of civil disputes are not available before that mobile court within the stipulated time or if they want to avoid the court, and the court makes an ex-parte decree or it gives the judgment from the facts and circumstantial evidences it has in its possession.
• Such a decision cannot give justice to the effected party, there may also be violation of natural justice to them and for which they may go to regular court for enforcement of their rights. In such cases the object of the Act which is to reduce the burden of cases in courts will be defeated.
• In the matter of Summary trial and concept of Natural Justice – It is provided in the Act that, all proceedings in criminal cases have been made into a summary one.
•  Two important aspects of summary trial are that charges are not framed and only the gist of the evidence is recorded. What could be gained if a full recording of evidence is given up in favour of summary recordings.
• By making summary trial, one is giving more room to the Judge to exercise his discretion. Further, concept of Natural Justice provides for fair trial and protection from reasonable bias.
•  In criminal cases, the duty of the State is to prove the case beyond all reasonable doubts. By summary trial it may amount to not providing sufficient opportunity to the accused for defence and discretion of Judge may turn arbitrary.
• Lastly, regarding the duties of Nyayadhikari it is mentioned that the Nyayadhikri has to assist, persuade and conciliate the parties apart from their adjudicative function at the first instance of the case.
• But, if the Nyayadhikaries are to assist, persuade, conciliate the parties, even with the assistance of the conciliators then they have to be exposed with the individual litigants.
•  In case the mediation or conciliation of that particular litigation has failed and the aggrieved parties come for adjudication of the matter in the same court, it may lead to a situation of favoritism or bias.

Suggestions to Improve Functioning of Gram Nyayalayas -

·         Regarding the number of courts, as it is in early stage of constitution, the Government may consider the population court ratio from a practical point of view to form as many courts to achieve the objective of the Act.

·          Similarly, as the courts are to be opened in a phased manner, so the rule regarding reservation may not be strictly adhered but sufficient steps should be taken to empower the category of students/ advocates to qualify for the post.

·         This can be done by (1) Assisting different Law colleges to organize remedial courses for these students, (2) Creating awareness among the advocates to join such jobs, (3) creating a sound legal education system throughout the country.

·         Regarding the anomalies in constitution of courts–Cr.P.C. is to be suitably amended to insert Gram Nyayalaya and Nyayadhikari as a cadre of lower judiciary with defined powers.

·         Regarding the court system the court must adopt the provision of sufficient and reasonable notice to all parties and must have the power to enforce attendance of the parties before the mobile court.

·         Regarding the summary procedure and maintenance of natural justice, strict guideline for flexibility of recording evidence and use of discretionary power should be prescribed.

·          And lastly, about the conciliation, mediation to be conducted by the judges - more ethical standard moral value should be maintained by the Nyayadhikaries in their work life, especially, while doing some acts like conciliation, etc.

·          It would be better, if the judges are not involved in conciliation directly and do it through the help of Gram Sabha of that particular locality or conciliators appointed for the purpose and accept only the conciliators report for giving order in case of a successful conciliation among the parties.