Gram Nyayalayas

Unit V:-
Gram Nyayalayas - Critical Evaluation of GramNyayalaya Act, 2008
1. Explain the concept of Gram Nyayayalayas.

2. Explain the needs of Gram Nyayayalayas. Discuss the Salient Features of Gram
Nyayalaya Act, 2008.
GRAM NYAYALAYAS
Gram Nyayalayas are village courts for speedy and easy access to the justice system at
village level in India. They are providing access to justice to the citizens at their doorsteps
and to ensure those opportunities for securing justice which are not denied to any citizen by
reason of social, economic or other disabilities.
The Gram Nyayalayas was to exercise powers of both criminal as well as civil courts and
this court is competent to settle the disputes specified in the first three schedules of the Act.
The Gram Nyayalayas are not bound by the rules of evidence as provided in the Indian
Evidence Act of 1872, but subject to rules as framed by respective High Courts and the
principles of natural justice. They have jurisdiction over an area as specified by the state
government via a notification, in consultation with the High Court.
The Nyaya Panchayats or village courts, where disputes are settled between villagers, have
been existed even before independence. In ancient India, the communities settled their
disputes among themselves through village elders or respected persons known for their
integrity and honesty. The rising courts leading to unreasonable delays in justice dispensation
gave way to various Alternative Dispute Resolution mechanisms that have been introduced
into the judicial system, to facilitate speedy justice. The procedures under the ADR
mechanisms are useful to avoid the complex procedures of courts, but are still expensive and
out of the reach of village communities. Lok Adalat, were also not enough effective in
reaching speedy justice to village areas at appropriate times.
The 114th report of the 11th Law Commission had recommended the establishment of Gram
Nyayalayas with the aim of making justice speedier and more accessible for India’s most
underprivileged. So, the Gram Nyayalayas Act, 2008 has been enacted to provide for the
establishment of Gram Nyayalayas at the block level in the country, as the lowest tier of the
judiciary for rural areas. It devolves some judicial functions to a village level body to ensure
speedy justice and reduce expenses of the formal judiciary, which spends time and money
handling a large number of disputes of lesser gravity.
The Parliament passed the Gram Nyayalayas Act, 2008. Basically, The Act fulfills the objects
underlying Article 39-A which is inserted by 42nd amendment Act, 1976. The Constitution of
India under Article 39-A imposes an obligation on the State to provide free legal aid to ensure
access to justice for all citizens, which essentially means that every Indian citizen deserves to
be heard and be represented irrespective of his social status.
The Gram Nyayalayas Act contains 40 Sections by divided into 8 chapters. The chapters
contain the preliminary provisions, provisions of Gram Nyayalaya (its establishment,
headquarters, appointment, qualification, salary, allowances and conditions service of
Nyayadhikari etc.), Jurisdiction (civil and criminal), powers and authority of gram
Nyayalayas, Procedure in civil and criminal cases, Procedure of evidence, Appeals and other
miscellaneous provisions etc.
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Salient Features the Gram Nyayalayas Act, 2008
a) Gram Nyayalayas are aimed at providing inexpensive justice to people in rural areas at
their doorsteps.
b) Under section 3(1) of the Act, it is for the state governments to establish Gram
Nyayalayas in consultation with the High Courts of the respective State.
c) The Gram Nyayalayas are established generally at the headquarters of the Panchayats
at intermediate level or a group of bordering panchayats in a district where there are no
panchayats at the intermediate level.
d) These courts or nyayalayas can function in the form of mobile courts at any place within
the jurisdiction of such nyayalayas. Mobile courts are the courts which travel from one
place to another and dispose of the cases at that place only. This was done to ensure faster
and doorstep justice delivery.
e) Gram Nyayalayas are presided by a “Nyayadhikari”. They are considered as ‘public
servants’ under section 21 of IPC. They are appointed by the State Government in
consultation with the respective High Courts. A Judicial Magistrate of First Class is
entitled to hold the post of a nyayadhikhari.
f) State governments from time to time by a notification can make representations from
Schedule Castes, Schedule Tribes or among the women or such other class or community
mandatory.
g) Gram Nyayalaya will have jurisdiction over an area specified by a notification by the
State Government in consultation with the High Court.
h) They have jurisdiction in both civil and criminal matters. Nature of such suits is
prescribed in the First, Second and the Third schedule of the Act. The Central and State
governments can make amendments in the First and the Second Schedule, as per their
respective legislative competence.
i) The pecuniary jurisdiction of these nyayalayas is fixed by the respective High Courts.
Offences are to be tried in a summary procedure in accordance with Chapter XXI of the
Code of Criminal Procedure, 1973.
j) The order should be passed in the form of a decree and to avoid a delay in the execution
of the same, Gram Nyayalayas shall follow a summary procedure for its execution. The
Act also allows plea bargaining under Chapter XXIA of CrPC.
k) Civil suits are disposed off within a period of 6 months from the date of institution of the
suit.
l) Gram Nyayalayas have been given the power to accept certain evidences which would
not have been accepted under the Indian Evidence Act.
m) These institutions are allowed to follow a special procedure in civil matters, Disputes
are to be settled as far as possible by bringing about conciliation between the parties and
for this purpose, the Gram Nyayalayas will appoint the conciliators for this purpose.
n) The fees should not exceed Rs. 100 irrespective of the value of the property in civil
cases. In criminal cases, the nyayalayas adjudicate upon a matter only after a police
complaint.
o) Appeals in criminal cases and civil matters can be made to Sessions Court and District
Courts respectively in the respective jurisdiction. Appeals are to be made within a period
of one month from the date of judgment.
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Unit V:-

Gram Nyayalayas - Critical Evaluation of GramNyayalaya Act, 2008

1. Explain the concept of Gram Nyayayalayas.

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