It was established by the Gram Nyayalayas Act, Gram Nyayalayas are mobile village courts in India established for speedy and easy access to justice. (1) For the purpose of exercising the jurisdiction and powers conferred on a Gram Nyayalaya by this Act, the State Government, after consultation with the High. Keywords: nyaya panchayats, alternate disputes redessal, gram nyayalaya act. 1. Introduction. Some form of village self-government seems to have some form.
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Sub-section 7 provides that the proceedings shall, as far as practicable, be consistent with the interests of justice and the hearing shall be continued on a day-to-day basis until its conclusion, unless the Gram Nyayalaya finds the adjournment of the hearing beyond the following day to be necessary for reasons to be recorded in writing. Separate building for the functioning of the Gram Nyayalaya as well as for the accommodation of the Gram Nyayadhikaris and other staff need to be constructed.
Civil and Property suits such as use of common pasture, water channels, farms, right to draw water from a well or tube well etc. Punjab Requested central assistance for setting up of 2 Gram Nyayalayas.
One of the objectives was also to reduce pendency in courts and to improve India’s dismal judge-to-population ratio. It is unfortunate that even after eight years of the Act’s enactment and the Standing Congmmittee’s stingi observations, the implementation left to the States, has been dismal across the country.
Salary, allowances and other terms and conditions of service of Nyayadhikari. India’s judicial system is characterized by systemic problems, including corruption, delays, pendency, increasing costs, limited legal aid, and a lack of appropriately trained lawyers and judges. There is ambiguity and confusion regarding the specific jurisdiction of Gram Nyayalayas, due to the existence of alternative forums such as labour courts, family courts, etc.
The Gram Nyayalayas Act,
A Gram Nyayalaya is not hram be bound by the rules of evidence provided in the Indian Evidence Act, but is guided by the principles of natural justice and subject to any rule made by the High Court. Most of the states have expressed their dissatisfaction at the inadequate amount of funds and land allocation for the establishment of Gram Nyayalayas.
As per the Act, gram nyayalayas can hear both criminal and civil cases and appeals in civil cases will have to be myayalaya of in six months. Transfer of pending proceedings. Sub-section 2 provides that where a suit, claim or dispute has been duly instituted, a summons shall be issued by the Gram Nyayalaya, accompanied by a copy of the application made under sub-section 1to the opposite party to appear and answer the claim by such date as may be specified therein and the nyayalayq shall be served in such manner as may be prescribed by nyayalwya High Court.
The Law Commission settled on the form of a rural court that would be set up at the Taluka level across the Country.
The Gram Nyayalayas are not only going to divert the existing disputes away from the civil and criminal court system and thereby speed up dispute resolution in the legal system. The Department-Related Parliamentary Standing Committee6, in its report to Parliament, expressed dismay that the Gram Nyayalayas which were supposed to usher in a revolution at the lowest level of the judicial system were being held back because of fund sharing problem between the Central and the State Governments.
The Gram Nyayalayas Act, 2008
One of the other major thrusts of the Law Commission in its report inwas to create a acf which could provide a version of participatory justice to persons in rural areas. Gram Nyayalayas Act, The main objectives of Gram Nyayalayas included justice at the doorstep of rural populace, speedy and effective disposal of cases, reduction in pendencies in regular courts, use of non-adversarial techniques such as nyayalayq and plea-bargaining for resolution of disputes, etc.
Try out our Premium Member services: Training of Gram Nyayadhikari: In order to dispense justice in the rural and the remotest of areas in the country, the Gram Nyayalaya Act was enacted in Seal of Gram Myayalaya. However, some of the Gram Nyayadhikaris opined that creation of such a separate cadre might not be advisable due to the absence of chances of promotion. Provided that where the Gram Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court.
The Act came into force on October 2, i. First Schedule See Sections 12 and Despite these shortcomings, the institution of Gram Nyayalayas has been a positive step.
Gram Nyayalayas Act, 2008
It minced no words when it noted that very few States had shown eagerness to establish the Gram Nyayalayas and that there was not a single Gram Nyayalayas in any xct the North- Eastern States. These are summarized below:.
But these calculations are wide of the mark, according to the estimates of parliamentary standing committee which discussed the Bill in Sub-section 5 provides that the Gram Nyayalaya shall also have the power, a to dismiss any case for default or to proceed ex parte; and b to set aside any such order of dismissal for default or any order passed by it for hearing the case ex parte.
Application of Indian Evidence Act, Some suggestions have been offered for optimizing the efficiency of Gram Nyayalayas of which the significant ones are:. For millions of people in rural India, attending court is a nightmare. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.
To make the judiciary responsive to local socio-economic situation, it prescribes represen-tation from scheduled castes and scheduled tribes. Provided that nothing in this sub-section nyayalaha preclude any person from availing of the judicial remedies available under articles 32 and of the Constitution.
Retrieved 13 May Execution of decrees and orders of Gram Nyayalaya. Majority of States have now set up regular courts at Taluk level, thus reducing the demand for Gram Nyayalayas.
The Gram Nyayalaya uneasily straddles two approaches to legal zct reform: This may need an amendment to the Act in order to iron out ambiguities on the basis of experiences of the past 8 years. The principles nyayapaya equality and justice are realized by the State apparatus through the business of administration of justice. Instead they are likely to spawn a new arena where disputes which were hitherto resolved through other dispute processing mechanisms will now enter the legal system.