Gram Nyayalayas Act, 2008

It was enacted in 2008 in the backdrop of recommendations of National Advisory Council (NAC). The recommendations mainly connoted to a lowest unit of Judiciary at village level to dispose-off the huge backlog of cases in Indian Subordinate Courts.

Key Features of the Act: It establishes Gram Nyayalayas as the lowest unit of rural Judiciary headed by a Nyayadhikari who will be a first class magistrate.

• Gram Nyayalayas shall try those cases whose maximum punishment is a year’s imprisonment, is only a fine, or in which offence is compoundable. They shall also settle civil suits dealing with land, water, etc., as listed in a Schedule.
• In civil disputes, Gram Nyayalayas are not bound by the procedure in Code of Civil Procedure, 1908, or the rules of evidence in the Indian Evidence Act, 1872. In criminal cases, the court shall follow procedures for summary trials.
• Appeals in civil and criminal cases shall be heard by the senior civil judge and the assistant session’s judge, respectively. Further appeals are not permitted.

Issues Involved: As of 2019 merely 209 Gram Nyayalayas are functional out of the total 395 Gram Nyayalayas notified so far.

This is highly in contrast with the target of establishing 2500 Gram Nyayalayas across India.

• The case disposal rate is less, ranging from 56% in Madhya Pradesh to 64% in Uttar Pradesh.
• The sitting days were found to be mere 2 days/week which is extremely low. No mobile courts are functioning.