Highlighting the need for “better access to justice”, the Supreme Court recently pushed for the establishment of gram nyayalayas across the country.
PREMIUM The implementation of the Gram Nyayalayas Act has been inconsistent and inadequate(KannanVM/Wikimedia Commons)
The Gram Nyayalayas Act, 2008 represents a landmark legislative effort aimed at bringing the judiciary closer to rural populations, making justice more accessible, affordable, and expedient. The Act seeks to establish gram nyayalayas or village courts, offering rural citizens a more streamlined judicial process in contrast to conventional courts, which often present significant challenges in terms of accessibility and affordability. Despite the promise of these “village courts,” their establishment across India has been fraught with challenges, raising concerns about their adequacy and effectiveness in dispensing justice.
The features of the Gram Nyayalayas Act
The Act was designed to decentralise the judicial framework and bring justice closer to the rural populace. The preamble of the Act states that the purpose is “to provide for the establishment of gram nyayalayas at the grassroots level to provide access to justice to the citizens at their doorstep and to ensure that opportunities for securing justice are not denied to any citizen because of social, economic, or other disabilities.” At its core, the Act prioritises access, speed, and affordability in the judicial process.
Section 3 mandates state governments, in consultation with the respective high courts, to establish gram nyayalayas at the panchayat level, functioning as mobile courts capable of conducting proceedings at any suitable location within their jurisdiction. This mobility ensures justice is delivered at the doorsteps of rural citizens.
Section 12 outlines the jurisdiction of gram nyayalayas, covering civil and criminal matters relevant to rural communities. Civil disputes include those related to land, water rights, property, tenancy, and other minor issues as specified or notified by the state government. Section 13 further grants gram nyayalayas the authority to handle criminal matters such as theft, assault, trespass, and public nuisance under the erstwhile Indian Penal Code and other laws.
One of the Act’s distinguishing features is the simplified procedure for both civil and criminal matters, as outlined in Section 15. This provision allows for informal, accessible legal proceedings, departing from the formal procedural codes of regular courts. Conciliation and settlements are emphasised to resolve disputes amicably and minimise adversarial legal battles. Section 18 reinforces this, mandating gram nyayalayas to make efforts toward settlements before moving forward with adjudication.
Current status and implementation challenges
In Smt. Siya Dulari v. Awadh Naresh, the Allahabad high court remarked, “The Statement of Objects and Reasons further provides that justice to the poor at their doorstep is the dream of the common man. Setting up of gram nyayalayas, which will travel from place to place, would bring the people of rural areas speedy, affordable, and substantial justice.”
Despite this optimistic vision, the implementation of the Gram Nyayalayas Act has been inconsistent and inadequate. Although the Act envisioned a large-scale rollout of these courts to address rural justice needs, the ground reality reflects substantial gaps in implementation.
As per the department of justice, fewer than 500 gram nyayalayas have been established, far below the original target of around 2,500. Out of a total of 485 notified gram nyayalayas, 314 are currently operational across the country. While states like Maharashtra, Madhya Pradesh, and Rajasthan have made some progress, major states such as Uttar Pradesh and Bihar have seen limited or no operationalisation, despite their large rural populations. Several factors contribute to this limited implementation:
- Inadequate infrastructure and resources: The Act’s Schedule II specifies that gram nyayalayas should have the necessary facilities to conduct trials and hearings, but many village courts lack even basic amenities.
- Financial constraints: The financial assistance provided has been insufficient to cover the recurring costs, including the salaries of nyayadhikaris (judges) and staff, affecting the viability of these courts.
- Lack of awareness: A significant lack of awareness among rural populations about the existence and functioning of gram nyayalayas, coupled with low legal literacy, has prevented these courts from becoming the go-to avenue for dispute resolution.
- Low case disposal rates: Due to limited resources and irregular functioning, gram nyayalayas have often failed to fulfil their primary objective of providing speedy justice, leading to inefficiencies. As per data by the department of justice, only 161 cases were disposed of out of a total of 42,184 pending cases.
- Lack of integration with the mainstream judiciary: Gram nyayalayas require better integration and coordination with higher courts. The absence of sufficient oversight, guidance, and a clear appeals process diminishes the quality of justice they provide.
Inadequacy of gram nyayalayas in dispensing justice
The current state of gram nyayalayas is far from adequate in addressing the diverse needs of rural India. The gap between the Act’s intent and its actual implementation underscores their limited ability to fulfil their mandate.
Section 16 emphasises the need for prompt and accessible justice, but logistical and administrative challenges have hampered the ability of gram nyayalayas to meet these expectations. The inadequacy of these courts has several implications:
- Limited access to justice: In the absence of functioning gram nyayalayas, rural litigants are forced to travel long distances to access district or taluka courts, incurring significant costs and facing long delays.
- Judicial backlogs: By failing to effectively address minor civil and criminal matters, gram nyayalayas contribute to the backlog of cases in higher courts.
Despite these challenges, gram nyayalayas hold significant potential to transform the rural justice landscape in India. Their proximity to rural communities and simplified procedures offer several advantages:
- Decentralised justice delivery: Gram nyayalayas bring courts closer to rural citizens, reducing the physical and financial barriers that often prevent them from seeking redress. Section 17, which allows for mobile court sessions, is particularly beneficial in remote and underserved areas.
- Community-centric justice: Emphasising conciliation and settlements fosters harmony and reconciliation, reflecting traditional dispute resolution mechanisms that prioritise community cohesion over adversarial outcomes.
- Increased inclusivity: The informal setting and simplified procedures of gram nyayalayas allow litigants to represent themselves, reducing dependency on expensive legal representation—a significant barrier for rural communities.
The Gram Nyayalayas Act, 2008 offers a transformative vision for delivering justice to rural India. However, its implementation has been fraught with challenges, resulting in an uneven and inadequate presence of gram nyayalayas across the country. Addressing these challenges will require enhanced resources, greater awareness, and better integration with the broader judicial system. With sustained commitment and strategic reforms, gram nyayalayas could play a pivotal role in ensuring that justice is not a distant ideal but a tangible reality for every citizen, regardless of their location or economic status.
Sanya Singh is a practising lawyer based out in New Delhi. The views expressed are personal
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