THE GRAMNYAYALA

 Speedy disposal of justice at minimum cost to the public is the objective of the institution.

The Gram Nyayalaya will function from the block panchayat hall and make legal help available to people at the block panchayat level.

the rural court would intervene in public issues, and that it was a forum to make justice available at the local level

These institutions are the logical next step in the decentralisation effort, which will provide access to justice to citizens at the grassroots level

Under the Gram Nyayalaya, mobile courts, with the powers of judicial magistrate would be set up at Panchayat level

The Central Government has decided to meet the non-recurring expenditure on the establishment of these Gram Nyayalayas

A substantial number of the courts pertain to community areas, water and other common resources such as pastoral land.

The Act also makes the judicial process participatory and decentralised because it allows appointment of local social activists and lawyers as mediators/reconciliators

To make the judiciary responsive to local socio-economic situation, it prescribes represen-tation from scheduled castes and scheduled tribes

As per the Act, gram nyayalayas can hear both criminal and civil cases and appeals in civil cases will have to be disposed of in six months.

courts are held only once or twice a month. In some areas, the frequency is even worse.

Implementation of the Act, which has been left to the states, has been dismal across the country

Establishing courts at each one of the 260,000 gram panchayats would involve huge expenditure by state governments.

it was decided that gram nyayalayas would have jurisdiction over more than one panchayat

there could be three gram nyayalayas in one block, with different numbers of panchayats under each nyayalaya.

It is true that funds are not adequate to constitute a gram nyayalaya but subordinate judiciary is a state subject

The Centre has been assisting states by bearing the non-recurring cost.

the Centre had decided to provide Rs 18 lakh per court to meet non-recurring infrastructural expen-diture. It had also estimated that the states would have to bear a recurring cost of Rs 6.4 lakh per court every year

As per the Standing Parliamentary Committee, setting up court infrastructure requires Rs 1 crore and the recurring cost is not less than Rs 10 lakh per court a year.

The committee report also states that there is a need for a separate cadre for this level of judiciary.

According to the Act, nyayadhikaris will hold mobile courts and conduct proceedings.

Apart from finance and political will, lack of coordination between high courts and state governments has also delayed setting up of gram nyayalaya.

Sometimes a state government wants to implement the Act, but the concerned high court is reluctant due to lack of manpower.

The high courts have put a precondition. The state government should first ensure basic infrastructure 

High courts are against the idea of mobile courts, the key feature of this Act. They believe the idea of mobility can erode the sanctity of formal justice system, and sitting at one place is the only authoritative way of imparting justice

In terms of Section 3(1) of the Gram Nyayalayas Act, 2008, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts