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Posted 15 Jul 2024

2 min read

Gram Nyayalayas aims to provide access, affordable and quick justice to the citizens at their door steps and de-clog local courts.

Key Features of Gram Nyayalayas 

  • These have statuary backing under the Gram Nyayalayas Act, 2008.
    • Act exempts States of Nagaland, Arunachal Pradesh, Sikkim and  tribal areas specified in the Act. 
  • Seat of gram nyayalayas is located at the headquarters of the intermediate Panchayat
  • Status: Gram Nyayalayas are deemed to be a Court of Judicial Magistrate of First Class.
    • State government appoints 'Nyayadhikari' for each Gram Nyayalaya in consultation with the high court. 
  • Jurisdiction: Shall be a mobile court and both civil and criminal jurisdiction to settle petty disputes at the village level.
  • Dispute ProcessDisputes are to be settled with the help of conciliation between the parties. 
    • These are not bound by the rules of evidence provided in the Indian Evidence Act, 1872 but by Principles of Natural Justice
      • Indian Evidence Act, 1872 has been recently replaced by the Bharatiya Sakshya Adhiniyam.
  • Appeals: Appeal in criminal cases lie to the Court of Session and in civil cases lie to the district court, shall be disposed within 6 months from the date of filing an appeal.

 

Key issues associated with Gram Nyayalayas

  • Poor implementation: As against a requirement of 6,000-odd gram nyayalayas, only 481 have been set up, but only 309 among them are functional.
  • The Act does not make setting up of Gram Nyayalayas mandatory: Section 3 of the Act provides that state governments "may" constitute Gram Nyayalayas.
  • States such as Jharkhand and Bihar resisted the gram nyayalayas in tribal or scheduled areas, saying local or traditional laws were predominantly followed there.

Initiative to Support Gram Nyayalayas

  • Under Gram Nyayalayas scheme (Centrally Sponsored Scheme (CSS)), Union Government provides financial assistance to States to set up Gram Nyayalayas.
  • Tags :
  • Gram Nyayalayas
  • Gram Nyayalayas Act, 2008
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