Gram Nyayalayas Act, 2008- Provide for the establishment of Gram Nyayalayas
Gram Nyayalayas at Grass Roots Level
Purposes of providing access to justice to the citizens at their doorsteps
To ensure that opportunities for securing justice are not denied to any citizen due to
Reasons for the establishment of Gram Nyayalayas
Access to justice by the poor and disadvantaged remains a worldwide problem.
In our country, Article 39A directs the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity
Provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Government has taken various measures to strengthen judicial system.
By simplifying the procedural laws; incorporating various alternative dispute resolution mechanisms -Arbitration, conciliation and mediation; conducting of Lok Adalats, etc.
Required to be strengthened further
Law Commission of India in its 114th Report on Gram Nyayalaya
Suggested establishment of Gram Nyayalayas so that speedy, inexpensive and substantial (ठोस) justice could be provided to the common man.
Gram Nyayalayas Act, 2008 is broadly based on recommendations of the Law Commission
Justice to the poor at their door step is a dream of the poor.
Setting up of Gram Nyayalayas in the rural areas would bring to the people of rural areas speedy, affordable and substantial justice.
Gram Nyayalayas Act
Gram Nyayalaya shall be court of Judicial Magistrate of the first class and
Its presiding officer (Nyayadhikari) shall be appointed by the State Government in consultation with the High Court.
Gram Nyayalaya shall be established for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district
Nyayadhikaris who will preside over these Gram Nyayalayas are strictly judicial officers
Same salary, deriving same powers as First Class Magistrates working under High Courts.
Gram Nyayalaya shall be a mobile court and shall exercise the powers of both
The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases
Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes
Certain modifications and shall follow the special procedure as provided in the Act.
Gram Nyayalaya shall follow summary procedure in criminal trial.
Gram Nyayalaya shall exercise the powers of a Civil Court with
Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties
Gram Nyayalaya shall not be bound by Indian Evidence Act, 1872 but shall be guided by the principles of natural justice
Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing
Appeal in civil cases shall lie to the District Court- heard and disposed of within a period of six months
Central Government has decided expenditure on the establishment of these Gram Nyayalayas – Rs. 18.00 lakhs
Rs. 10.00 lakhs is for construction of the court,
Rs. 5.00 lakhs for vehicle and
Rs. 3.00 lakhs for office equipment.
5000 Gram Nyayalayas are expected to be set up under the Act for which the Central Government would provide about Rs.1400 crores by way of assistance to the concerned States/Union Territories
Under of the Gram Nyayalayas Act, 2008, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.
Majority of States have now set up regular courts at Taluka level
Conference that the State Government and High Court should decide the question of establishment of Gram Nyayalayas wherever feasible, taking into account their local problems
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