The establishment of Gram Nyayalayas is governed by the Gram Nyayalayas Act, 2008, which aims to provide access to justice at the grassroots level. Enshrined in the Directive Principles of State Policy as Article 39A, the act emphasises equal justice and free legal aid.
The 114th Report of the Law Commission (1986) recommended these courts reduce the burden on higher courts and provide speedy and affordable justice in rural areas. Gram Nyayalayas ensures justice for marginalised sections of society, reduces barriers to justice such as distance, time, and cost, and provides speedy resolution of disputes. These mobile courts have jurisdiction over specified criminal and civil cases and aim for conciliation between parties. Nyay Adhikaris (presiding officer) is appointed by the State Government in consultation with the High Court, ensuring eligibility criteria similar to those of judicial magistrates of the First Class. States are responsible for notifying the boundaries of Gram Nyayalaya areas and providing necessary facilities for mobile courts. As per a 2020 reply to an unstarred question from Rajya Sabha, 395 Gram Nyayalayas have been notified by 12 states in the country. However, challenges such as financial constraints, infrastructure inadequacies, and overlapping jurisdictions with other courts need to be addressed through amendments to the Act and enhanced capacity-building measures. Strategies for strengthening Gram Nyayalayas include redefining jurisdiction, creating a separate cadre for Nyay Adhikaris, enhancing infrastructure and security, and increasing stakeholder awareness and capacity-building.
Done By: Seethala B , BBA., LL.B (Hons.), Junior Legal Consultant
For Origin Law Labs
