The Supreme Court has sought a full report from States and High Courts on the establishment and functioning of gram nyayalayas, meant to provide affordable and quick justice to rural India and de-clog local courts.
The apex court was informed that gram nyayalayas were far and few even 16 years after they were introduced through a parliamentary law.
“Gram nyayalayas were supposed to provide speedy and easy access to the justice system for the last citizens of the country. Every citizen has a right to affordable justice at an affordable price,” Justice B.R. Gavai said during a hearing on Friday.
Justice K.V. Viswanathan said the project enacted through a central law, Gram Nyayalyas Act of 2008, was meant to de-clog courts, decentralise administration and further the rule of law.
“Gram nyayalayas were meant to accentuate the access to justice. At a very mid estimate there are over four crore pending cases in the trial courts,” Justice Viswanathan said.
Advocate Prashant Bhushan, who appeared for petitioner NGO National Federation of Societies for Fast Justice, informed the court that 16,000 gram nyayalayas were required, but only a little over 450 were set up with about 300 actually functional.
“Gram nyayalayas are producing results in establishing the rule of law in panchayat areas. It has declogged munsiff and magistrate courts,” Mr. Bhushan submitted.
States such as Jharkhand and Bihar resisted the gram nyayalayas in tribal or scheduled areas, saying local or traditional laws were predominantly followed there. They said the 2008 Act should not come into conflict with the local laws. “But the entire country is not a tribal country. We will look into that aspect,” Justice Gavai said. Mr. Bhushan said elected sarpanches preside over these traditional forums unlike judicial officers in gram nyayalayas.
The court said the last time it had taken up the issue was on January 29, 2020, it had asked the States to file affidavits on the status of establishing gram nyayalayas. “Four-and-a-half years have elapsed since then. No affidavits have been filed by the State governments and the High Courts,” Justice Gavai said.
The Bench directed the States and High Courts to file fresh affidavits in six weeks giving details of the establishment and functioning of gram nyayalayas within their respective jurisdictions. The court scheduled the case for hearing on September 11.
