Gram Nyayalayas, also known as Village Courts, are rural local courts established in India to provide inexpensive and expeditious justice to the rural population, especially those living in remote areas.
- Establishment:
- Gram Nyayalayas were established under the Gram Nyayalayas Act, 2008, which came into force on October 2, 2009.
- These courts were established to address the issue of delayed justice and the lack of access to justice in rural areas by providing legal services closer to the doorstep of rural litigants.
- Jurisdiction:
- Gram Nyayalayas have jurisdiction over both civil and criminal matters.
- In civil matters, they can adjudicate cases related to property disputes, marriage and family matters, land disputes, etc., where the value of the property does not exceed ₹5,000,000 (five lakh rupees).
- In criminal matters, they can hear cases involving offenses punishable with imprisonment for a term not exceeding three years or with a fine not exceeding ₹2,000,000 (two lakh rupees), or both.
- Composition:
- A Gram Nyayalaya is presided over by a Nyayadhikari, who is a Judicial Magistrate of the first class appointed by the State Government in consultation with the High Court.
- The Nyayadhikari is assisted by Nyayadhikari Adhikshaks and Nyayadhikari Sahayaks, who are social activists or public-spirited citizens, and who are appointed by the State Government.
- Procedure:
- Gram Nyayalayas follow a simplified procedure to ensure quick disposal of cases.
- They are not bound by the strict rules of evidence under the Indian Evidence Act, 1872, and can rely on any material which they deem necessary for arriving at a just decision.
- The courts can also follow the principles of natural justice and may adopt a conciliatory approach in resolving disputes.
- Appeals:
- Appeals from the judgments and orders of Gram Nyayalayas lie with the District Court.
- However, there is no provision for appeals in cases where the Nyayalaya has acted as a conciliator and the parties have arrived at a settlement.
- Procedure for Establishment:
- The State Government, in consultation with the High Court, is responsible for the establishment of Gram Nyayalayas.
- The State Government may establish Gram Nyayalayas for every Panchayat at the intermediate level or a group of contiguous Panchayats at the intermediate level, or a group of contiguous Panchayats at the intermediate level.
- The State Government can also establish a Gram Nyayalaya in an area where no Panchayat at the intermediate level exists.
- Funding:
- The central government provides financial assistance to the state governments for the establishment and functioning of Gram Nyayalayas.
- The state governments are responsible for providing the necessary infrastructure, staff, and other resources for the functioning of these courts.
Gram Nyayalayas play a crucial role in providing access to justice to rural communities and in reducing the backlog of cases in the Indian judicial system. They aim to promote legal empowerment and ensure that justice reaches the grassroots level of society.
