TAG: GS 2: POLITY AND GOVERNANCE
THE CONTEXT: The Supreme Court of India has emphasized the importance of establishing ‘Gram Nyayalayas’ (village courts) to provide affordable and speedy justice to citizens at their doorsteps and address the significant backlog of cases in trial courts.
EXPLANATION:
- This directive underscores the potential impact of ‘Gram Nyayalayas’ on the justice delivery system in India, particularly at the grassroots level.
Background and Legislative Framework
- In 2008, the Indian Parliament passed the Gram Nyayalayas Act, which aims to establish village courts across the country.
- These courts are intended to make justice more accessible to citizens, especially those hindered by social, economic, or other disabilities.
- The Act mandates that each Gram Nyayalaya be presided over by a ‘Nyayadhikari’, a person qualified to be appointed as a judicial magistrate of the first class.
- Sections 5 and 6 of the Act specify that the state government, in consultation with the high court, is responsible for the appointment of these judicial officers.
Importance of Gram Nyayalayas
- The Supreme Court highlighted several key benefits of establishing Gram Nyayalayas:
- Affordable Justice: The right to justice includes the right to affordable justice. Gram Nyayalayas aim to reduce the cost of litigation and make legal recourse accessible to the economically weaker sections of society.
- Speedy Justice: By providing a local forum for dispute resolution, these courts can significantly reduce the time taken to resolve cases, thus addressing the issue of delayed justice.
- Reduction in Case Backlog: With a large number of cases pending in trial courts, Gram Nyayalayas can help de-clog the judicial system by handling minor civil and criminal matters locally.
Current Status and Supreme Court’s Directive
- Despite the Act being in force for 16 years, only 264 Gram Nyayalayas are currently operational, far below the envisioned target of 6,000.
- This has prompted the Supreme Court to intervene and seek detailed reports from the chief secretaries of state and registrar generals of high courts regarding the establishment and functioning of these village courts.
- During a recent hearing, a two-member bench directed the officials to file affidavits detailing the infrastructure and operational status of Gram Nyayalayas within six weeks.
- This directive followed a plea representing the NGO National Federation of Societies for Fast Justice, highlighting the dismal implementation of the Act.
Supreme Court’s Observations
- The bench noted that the idea behind Gram Nyayalayas is to ensure that justice is easily accessible to citizens and expressed concern over the slow pace of their establishment.
- The Court emphasized that the right to justice is integral to the rule of law and must be affordable and accessible to all citizens.
Coordination and Implementation
- The Supreme Court’s order also called for better coordination between state governments and high courts.
- Before filing the required affidavits, the chief secretaries and registrar generals are to hold meetings to devise a coordinated policy for establishing Gram Nyayalayas.
Challenges and Path Forward
- There has been little progress despite a January 2020 Supreme Court order directing states to issue notifications within four weeks for establishing Gram Nyayalayas.
- This delay highlights the need for a more robust implementation mechanism and accountability measures to ensure compliance with judicial directives.
- The bench’s query about the current status of Gram Nyayalayas and its insistence on knowing the present situation reflects the Court’s urgency and importance on this issue.
- The next hearing is scheduled for September 11, where further developments and responses from state governments and high courts will be reviewed.
