AN ANALYSIS OF GRAM

NYAYALAYA ACT, 2008

-KHUSHI SHARMA
B.A.LL.B.(HONS.)
HIDAYATULLAH NATIONAL LAW UNIVERSITY
RAIPUR, CHHATTISGARH.
INTRODUCTION
• The Gram Nyayalaya Act, 2008 came into force on October 2, 2009.
• It extends to the whole of India except the State of Jammu and Kashmir,
the State of Nagaland, the State of Arunachal Pradesh, the State of
Sikkim and the tribal areas.
• This act has got its roots in 114th Report of Law Commission of India on
‘Gram Nyayalayas.’
• This act provides for establishment of a ‘Gram Nyayalaya’ at every
panchayat or a group of contiguous panchayats at intermediate levels in
a district.
• The objective of this Act is to provide access to inexpensive justice to
rural citizens at their doorsteps.
FEATURES OF GRAM NYAYALAYA

Seat Head Appeal

• At the headquarters of • A Gram Nyayalaya • Criminal Cases-
the intermediate shall be a court of First Sessions Court
panchayat. Class Judicial • Civil Cases – District
• They shall go to the Magistrate. Court
villages and dispose • Appointment - by • An application for plea
off the cases. State Government in bargaining can also be
consultation with the filed.
High Court
• Powers and Salary –
same as First Class
Judicial Magistrate
working under High
Court.
PROCEDURE
• Gram Nyayalayas are not bound by rules of evidence under the
Indian Evidence Act, 1872.
• They are guided by Principles of natural justice and rules made
by the High Court.
• A judgment passed by a Gram Nyayalaya is considered as a
Decree. Gram Nyayalayas follow ‘Summary Procedure’ in
criminal trails.
Summary Procedure: A legal procedure used for enforcing a right that
takes effect faster and more efficiently than ordinary methods.
 CENTRAL GOVERNMENT’S SCHEME
FOR ESTABLISHMENT AND FUNDING
Year Gram Nyayalayas to be Requirement of Funds(in
set up (in numbers) Crores)
2012-13 300 119.00

2013-14 300 147.00

2014-15 600 294.00

2015-16 600 350.00

2016-17 700 446.00

Total 2500 1356.00

*Evaluation Study of the Scheme of Establishing and Operationalising Gram Nyayalayas Department of Justice, Ministry of Law and Justice,
gjdhhttp://doj.gov.in/sites/default/files/Gram%20Nyayalaya%20final%20report_1.pdf
 ON GROUND IMPLEMENTATION
S. State Gram Amount Released (Rs. in Lakhs)
No. Nyayalay
a Act
2011-12 2012-13 2013-14 2014-15
1. Madhya Pradesh 89 156.80 0.00 284.80 0.00
2. Rajasthan 45 144.00 243.00 215.20 71.78
3. Karnataka 2 25.20 0.00 0.00 0.00
4. Orissa 16 110.60 0.00 0.00 0.00
5. Maharashtra 18 9.60 15.80 0.00 100.80
6. Jharkhand 6 0.00 75.60 0.00 0.00
7. Goa 2 0.00 25.20 0.00 0.00
8. Punjab 2 0.00 25.00 0.00 0.00

9. Haryana 2 0.00 25.20 0.00 0.00

10. Uttar Pradesh 12 0.00 0.00 0.00 127.42
Total 194 446.20 410.00 500.00 300.00
*Press Information Bureau, Government of India, Ministry of Law and Justice,
http://pib.nic.in/newsite/PrintRelease.aspx?relid=116631
State Status of Gram Nyayalaya

Proposal for setting up of 139 Gram Nyayalayas pending. No notification

Andhra Pradesh
as yet.
Proposed that the Scheme may be brought under a Centrally sponsored
Assam
scheme
Goa Notification of 2 Gram Nyayalayas. Yet to become operational
Proposed setting up of 2 Gram Nyayalayas. Notification yet to be
Haryana
received.
30 Gram Nyayalayas have been sanctioned. Copies of Notification yet to
Kerala
be received.
Madhya Pradesh 89 Gram Nyayalayas have been notified. All have started functioning.
*
Manipur Has requested the Centre to extend financial assistance beyond 3 years
Agreed to set up 1132 Gram Nyayalayas but only if Centre provides
Uttar Pradesh
100% assistance by way of funds

West Bengal Proposed to seek full financial assistance for implementation of the Act.

Maharashtra 10 Gram Nyayalayas have been notified. 9 have started functioning.

* Anumeha, Why are we floundering eight years after getting a new act? http://www.commoncause.in/publication_details.php?id=454
 GRAM NYAYALAYA AS AN ALTERNATIVE
DISPUTE RESOLUTION METHOD
• Gram Nyayalayas are alternate in the
sense that parties need not to be
represented by lawyers, do not follow
ordinary procedural rules.
• They follow a conciliatory approach
as opposed to adversarial.
• In 114th Report of Law Commission,
it was suggested as an alternate
method of ensuring justice in rural
areas and reducing backlog of cases.
 Justice at
Doorsteps

Lifts the
burden of Affordable
ordinary ADVANTAGES Justice
courts

Fast and easy

procedure
INEFFECTIVENESS
Financial Constrains
and fund sharing
Improper
problems between
Implementation
central and state
governments

Lack of awareness Inadequacy of security

amongst stakeholders and infrastructure

Ambiguity regarding
specific jurisdiction of
Gram Nyayalayas
SUGGESTIONS
• Area of jurisdiction must be widened and clarified.
• Gram Nyayalaya must not function simultaneously with
district courts at the same seat. Permanent Gram
Nyayalayas must be established in rural areas.
• Legal awareness campaigns must be organized to create
awareness about the available reliefs under this act.
• Gram Nyayadhikaris must be trained in local languages
and interacting skills along with legal knowledge.
SUGGESTIONS
• A proper coordination system must be established
between the centre and the state governments for
sharing of funds.
• Better infrastructure like furniture and stationary and
security measures must be ensured.
• State government and High Courts must have a
coordination between themselves.
• Since cases related to Protection of Women from
Domestic Violence are dominant in Gram Nyayalaya,
more counselors and Women Protection Officers must
be appointed.
THE WAY FORWARD
The aim of the act is to ensure inexpensive justice to
rural population. We must not judge progress only by
the number of courts set up but by the reach of the
courts to deprived sections of society. Despite several
shortcomings, this act has been a positive step. During
analysis, we have found that there are various
implementation problems in this act. Continuous well
planned efforts by all the stakeholders can help in
overcoming all the problems. The mandate of Article
39-A of the Constitution of India will become a distant
dream if serious steps are not taken now.
SOME FAMOUS QUOTES ON JUSTICE
WHERE JUSTICE IS DENIED, WHERE POVERTY IS ENFORCED, WHERE
IGNORANCE PREVAILS, AND WHERE ANY ONE CLASS IS MADE TO FEEL THAT
SOCIETY IS AN ORGANIZED CONSPIRACY TO OPPRESS, ROB AND DEGRADE
THEM, NEITHER PERSONS NOR PROPERTY WILL BE SAFE.

- FREDERICK DOUGLASS

WE ARE NOT TO SIMPLY BANDAGE THE WOUNDS OF VICTIMS BENEATH THE

WHEELS OF INJUSTICE, WE ARE TO DRIVE A SPOKE INTO THE WHEEL ITSELF.

- DIETRICH BONHEOFFER

IN MATTERS OF TRUTH AND JUSTICE, THERE IS NO DIFFERENCE BETWEEN

LARGE AND SMALL PROBLEMS, FOR ISSUES CONCERNING THE TREATMENT OF
PEOPLE ARE ALL THE SAME.

- ALBERT EINSTEIN

THANK YOU