Establishing Gram Nyayalayas Would Help Improve Access to Justice: Supreme Court

An Act passed by Parliament in 2008 provided for the establishment of Gram Nyayalayas at the grassroots level for providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to anyone because of social, economic or other disabilities.

A bench headed by Justice B R Gavai was hearing a plea seeking a direction to the Centre and all states for taking steps to set up 'Gram Nyayalayas' under the supervision of the apex court.

During the hearing, Advocate Prashant Bhushan, appearing for petitioner NGO National Federation of Societies for Fast Justice and others, said only about five to six per cent of Gram Nyayalayas have been set up till now.

"Some of the states are saying we don't need Gram Nyayalayas because we have Nyaya Panchayats," Bhushan told the bench, which also comprised Justice P K Mishra and Justice K V Viswanathan.

He said Nyaya Panchayats were not really the same as Gram Nyayalayas, which have judicial officers.

The bench appointed a senior advocate to assist it as an amicus curiae in the matter.

"Sooner these Nyayalayas are established… it's better for access to justice," the bench observed.

An advocate appearing for the Himachal Pradesh High Court told the bench that the high court has been writing to the state government since 2009 requesting for establishing Gram Nyayalayas.

The bench noted that the counsel appearing for the Himachal Pradesh High Court has stated that in spite of repeated reminders to the state for establishment of Gram Nyayalayas, no steps have been taken in the matter.

The apex court directed the Himachal Pradesh government to respond before the next date of hearing.

It posted the matter for hearing after four weeks.

The bench asked states or high courts that have not yet filed their affidavits in the matter to file those within three weeks.

While hearing the matter on July 12, the apex court had observed, "In our view, the establishment of more Gram Nayayalayas would, apart from providing access to justice at affordable price and providing justice at door steps, also de-clog the huge pendency of matters before the trial courts."

It had directed the chief secretaries of states/Union Territories and registrar generals of the high courts to file affidavits within six weeks giving details regarding establishment and functioning of Gram Nyayalayas, including infrastructure made available for them.

Bhushan had earlier argued that directions were needed to be issued to all states to notify and establish Gram Nyayalayas as statutorily provided for under the Gram Nyayalays Act of 2008.

He had said that sections 5 and 6 of the 2008 Act provide that state government in consultation with the high court will appoint a 'Nyayadhikari' for each Gram Nyayalaya who will be a person eligible to be appointed as a judicial magistrate first class.

The apex court had on January 29, 2020 directed the states, which had not yet issued notifications for establishing Gram Nyayalayas, to do so within four weeks.

It had asked the high courts of states, where the constitution of Gram Nyayalayas and appointment of its members were pending, to expedite the process of consultation with the respective governments.