Govt approaches Centre for release of funds
Citizens to get access to justice at door-steps
Mohinder Verma
JAMMU, June 18: To provide access to justice to the citizens at their door-steps, the Government has decided to establish Gram Nyayalaya in each district of the Union Territory of Jammu and Kashmir and has approached the Union Ministry of Law and Justice for release of sufficient funds as early as possible.
These Gram Nyayalayas would be established as per the provisions of the Gram Nyayalaya Act which was enacted by the Parliament in the year 2008 and has become applicable to the Jammu and Kashmir as per the provisions of the Jammu and Kashmir Reorganization Act, 2019.
Like other Central legislations, Gram Nyayalaya Act could not be extended to erstwhile State of Jammu and Kashmir because of its special status.
Though in the year 2013, the then Government of Jammu and Kashmir made efforts to establish Dehi Adalats on the pattern of Gram Nyayalayas yet the attempt failed to yield the results even after identification of headquarters of Dehi Adalats due to lack of manpower.
The inordinate delay in establishment of Dehi Adalats had also received sharp criticism from the High Court, which while dealing with a Public Interest Litigation in the month of December 2018, had questioned the lackadaisical approach of the Government.
Now, with the applicability of the Central Legislation to the J&K Union Territory, the Government has decided to establish Gram Nyayalaya in each district as early as possible so that people are no more deprived of the benefit of the Act enacted by the Parliament, official sources told EXCELSIOR.
The Department of Law, Justice and Parliamentary Affairs of J&K UT has already issued notification mentioning that the headquarters identified for the Dehi Adalats shall be deemed to be the headquarters of the Gram Nyayalayas, they said while disclosing that a communication has also been addressed to the Union Ministry of Law and Justice with the request to release sufficient funds for early establishment of Gram Nyayalayas.
“We are hopeful of early release of funds as Union Government is aware of the fact that people of Jammu and Kashmir have not obtained the benefit of the legislation during the past nearly 12 years”, a senior officer of the Department of Law, Justice and Parliamentary Affairs of the UT Government said.
A person who is eligible to be appointed as a Judicial Magistrate of First Class will be the head of each Gram Nyayalaya, who besides holding the court shall periodically visit the villages falling under his jurisdiction and conduct trial or proceedings at any place which he or she considers is in close proximity to the place where the parties ordinarily reside or where the whole or part of the cause of action had arisen.
Notwithstanding anything contained in the Code of Criminal Procedure or the Code of Civil Procedure, the Gram Nyayalaya will exercise both civil and criminal jurisdiction in the manner and to the extend provided under the Act.
As per the provisions of this Act, the District Court or the Court of Session may transfer all the civil or criminal cases pending before the courts subordinate, to the Gram Nyayalaya competent to try or dispose of such cases.
The Gram Nyayalayas will deal with offences related to Payment of Wages Act, Minimum Wages Act, Protection of Civil Rights Act, the Bonded Labour System (Abolition) Act, Protection of Women from Domestic Violence Act, civil disputes related to right to purchase of property, use of common pasture, property and several other disputes.
“Every police officer functioning within the local limits of jurisdiction of a Gram Nyayalaya shall be bound to render assistance in the exercise of lawful authority”, the Act read and adds that the High Court may authorize any judicial officer superior to the rank of the Nyayadhikari to inspect the Gram Nyayalayas within his jurisdiction once in every six months and issue such instructions as he or she considers necessary and submit a report to the High Court.
The High Court has been given powers to make rules for carrying out the provisions of the Gram Nyayalaya Act, 2008.
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