“It is not a justice system. It is just a system” “It is not a court of justice but a court of law”
Today’s judicial system is facing immense problems, particularly in relation to deepening crisis due to overburdening of court dockets (3 million arrears in subordinate judiciary) and consequent erosion of faith of common man to secure justice. The constitutional mandate of “access to justice” becomes empty rhetoric in face of costly, dilatory, formal process of justice dispensation. The intimidating, distant portals of the court house, far from the scene of cause of action, cause an immediate psychological and physical barrier to the litigant.
An unconventional initiative has been taken by introducing a new forum of justice dispensation at the grassroots level, although as part of the hierarchical, pyramidal structure of courts but with important change as to jurisdiction and procedure.
Gram Nyayalaya Act, 2008 establishes Gram Nyayalays as lowest tier of judiciary for rural areas. It has come into effect on 2nd Oct, 2009 (on Gandhiji’s birthday). It extends to the whole of India except the states of Jammu & Kashmir, Nagaland, Arunachal Pradesh, Sikkim and tribal areas.
The new structural format is meaningful not only from the point of view of docket management of vast arrears of cases but also from the vantage point of access to justice as a constitutional mandate under Article 39A.
The constitutional provision viz. Article 39A clearly emphasises a fundamental obligation to improve access to justice by removing all impediments, including economic etc. Unfortunately, the Indian legal system itself imposes onerous requisites on its masses due to lack of local fora, complicated procedure with emphasis on professionalised services wherein a large army of lawyers becomes indispensable as a costly adjunct to the system. Gram Nyayalays is a departure from the established pattern of court setting in that it derives its advantage from an indigenous setting. It seeks to revitalise the very foundation of the superstructure of the hierarchy of courts- the mainstream dispenser of justice in the country.
The key features of the Act may be outlined as follows:
Gram Nyayalaya is to be established for every Panchayat as the lowest tier in the super structure of courts. The aim is to establish an entire network of Gram Nyayalaya in the vast hinterland of the country.
The Presiding Officer of the Gram Nyayalaya is the Nyayadhikari. He’s to be judicial magistrate of first class, appointed by state government in consultation with the High Court. The State Public Service Commission plays a pivotal role in selection of judicial officers for the purpose of appointment in subordinate judiciary.
Transparency is sought to be incorporated by providing that Nyayadhikari shall not preside over proceedings in Gram Nyayalaya, if he has interest in subject matter of dispute (S. 8). In such case the matter is to be considered by District Court or Court of Session or any other Nyayadhikari.
The Gram Nyayalaya is to function as a mobile court as and when required. The Nyayadhikari is to visit periodically villages under jurisdiction of Gram Nyayalaya and mobile court may be held in close proximity to residence of parties or cause of action, with advance publicity. All facilities, including provision of vehicle shall be made available by state government.
The most unorthodox feature of Gram Nyayalaya is its functioning as a mobile court. It effectively sends a signal to the hapless and needy to seek redressal of disputes in their immediate surroundings without the wasteful expenditure on travel, accommodation, food etc.
Gram Nyayalaya shall exercise either civil and criminal jurisdiction notwithstanding anything contained in CPC (1908) or CrPC (1973). Schedules 1 and 2 are attached to the Act for the purpose. It is interesting to observe that its criminal jurisdiction includes offences under IPC primarily those where imprisonment is up to two years.
The inclusion of offences, under certain central acts, in the nature of social welfare legislations such as Minimum Wages Act 1948, Protection of Civil Rights Act 1955, and Protection of Women from Domestic Violence Act 2005 etc. reflects upon the gravity of jurisdiction that the Gram Nyayalays is seized of.
As regards civil jurisdiction, these include civil disputes e.g. use of common pasture; property disputes e.g. over water channel; other disputes e.g. claim under Minimum Wages Act 1948.
It is made applicable to suits triable by Gram Nyayalaya. Also chap XXXVI CrPC, 1973 is made applicable to offences triable by Gram Nyayalaya.
The proceedings in Gram Nyayalaya and its judgment shall be in one of the official languages of the State other than English language (S. 29).
There is a laudable attempt to unshackle court proceedings from the reigning English language and to introduce the vernacular in court matters.
Gram Nyayalaya has the power and authority to receive any report, statement, information whether or not the same is admissible or relevant under IEA (S. 30) as evidence.
This is undoubtedly a major relaxation that provides an edge to Gram Nyayalaya to conduct the proceedings in an efficient manner.
Summary trial procedure is to be followed.
Plea Bargaining may be applied by the accused and shall be considered in accordance with the law viz. chap. XXI A CrPC (S. 20)
Legal Aid – An accused may have recourse to an advocate of his choice to represent him in Gram Nyayalaya. In fact, a panel of advocates shall be prepared by SLSA and two advocates shall be attached to each Gram Nyayalaya, whose services may be enlisted by accused unable to engage a lawyer himself.
Judgment to be pronounced by Nyayadhikari in open court within 15 days after completion of trial and a copy of judgment will be given immediately to parties free of cost.
Court Fee – It can be imposed not exceeding Rs 100.
Institution of suit; summons to opposite parties; filing of written statement by opposite party; date of hearing ; day to day hearing of both parties in person (in person or through advocates); recording of evidence and pronouncement of judgment.
An incidental matter arising during course of proceeding may be dealt in a just and reasonable manner in interest of justice.
An adjournment may be given not as a matter of course but only on the basis of reasons to be recorded in writing.
Pronouncement of judgment within six months from date of its institution in open court , and within 15 days after conclusion of hearing and copy of judgment within three days to parties free of cost. Gram Nyayalaya shall have power of civil court and its judgment shall be deemed to be decree.
Gram Nyayalays are not bound by procedure in respect of execution of decree as provided in CPC and shall be guided by principles of natural justice. It may be executed by Gram Nyayalays itself or any other Gram Nyayalays.
In the first instance, the earnest attempt to assist, persuade and conciliate parties shall be made and in this regard Gram Nyayalays must follow the procedure prescribed by High Court (S.26).
District court in consultation with DM shall prepare a panel of social workers at village level for appointment as conciliators, who possess qualifications and experience as prescribed by High Court.
There may by transfer of civil cases from one Gram Nyayalayas to another by the District Court on request of any party or in case of pendency of cases or in interest of justice.
In criminal cases, there will be no appeal in case an accused person has pleaded guilty and has been convicted on such plea or Gram Nyayalaya has passed only a sentence of fine not exceeding Rs 1000. Otherwise, an appeal may be made to Court of Session within a period of 30 days (unless condoned for sufficient cause) from date of judgment, sentence or order of Gram Nyayalaya. The appeal shall be heard and disposed by Court of Session within 6 months from date of filing. Its decision shall however be final and there can be no further appeal except for judicial remedies under Article32 and 226 of the constitution.
In civil cases, there is no appeal against judgment or order passed by Gram Nyayalaya with consent of parties or where value of subject matter of dispute does not exceed Rs 1000. Otherwise, an appeal may be made to District Court within a period of 30 days (unless condoned for sufficient cause) from date of judgment, sentence or order of Gram Nyayalaya. The appeal shall be heard and disposed by the court within 6 months from date of filing. Its decision shall however be final and there can be no further appeal except for judicial remedies under Article32 and 226 of the Constitution.
Every police officer functioning within the jurisdiction of Gram Nyayalaya shall be bound to assist Gram Nyayalaya in exercise of its lawful authority (S.35).
Similarly Gram Nyayalaya may request revenue officer, government servant etc. To provide assistance to Gram Nyayalaya and the concerned officer is then bound to provide such assistance.
The High Court may authorise any judicial officer superior in rank to Nyayadhikari to inspect Gram Nyayalaya once every 6 months or any other period prescribed and submit report (S. 37).
Gram Nyayalaya, as an additional tier at the lowest level of judicial hierarchy, is indeed a welcome step in the right direction to bring legal respite to a vast majority of Indian population living in rural areas.
It has several positive features that are refreshingly new as flexible, mobile functioning; an adversary format but with an inquisitorial approach; amicable settlement through conciliation in the first instance; periodical inspection; an appreciable modicum of transparency etc.
However, due to limited procedural safeguards, for instance, absence of hierarchical appeals except once etc., the new forum has to be monitored and supervised effectively in order to ensure that the intention with which it was conceptualised- to deliver justice at door step- is realised, with consequent legal empowerment of people, to have their disputes resolved immediately, in their vicinity, without procedural complexity.
It may be emphasised here that the original conception of Gram Nyayalaya with a participatory mechanism was endowed with considerable merit and if introduced with suitable amendment to the enactment, could usher in a phase of renewed vigour and enthusiastic participation of people, ultimately strengthening the roots of justice dispensation in the country. It would be a significant blend of the formal with the informal, in terms of composition of its members( a judicial officer and two lay judges) drawing upon the advantages of both- the legal knowledge and training of one and practical experience geared to local conditions of the other.
So far, the pace of setting up of Gram Nyayalaya has been rather slow. Madhya Pradesh, Rajasthan, Maharashtra, Orissa, Jharkhand, Karnataka, have notified around 159 Gram Nyayalaya of which 151 are operational. The projected target is around 5000 in the country.
It is necessary to hasten the process to establish Gram Nyayalaya wherein a large bulk of cases, even upto 80% in rural areas, may be taken up before the new forum, so that access to justice is eventually realised.
www.grandmasters.in | 8 Years & Counting
www.rcls.in | 8 Years & Counting
www.itlegalsummit.com | 8 Years & Counting
www.bfls.in | 8 Years & Counting
www.maels.in | 8 Years & Counting
www.plcs.co.in | 8 Years & Counting
Copyright © 2020 Lex Witness - India's 1st Magazine on Legal & Corporate Affairs Rights of Admission Reserved
