Decision on infrastructure, manpower creation pending
Mohinder Verma
JAMMU, Feb 2: Gram Nyayalayas, which were notified in the year 2020, are yet to be made functional in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh for want of infrastructure and manpower.
This was disclosed by the Union Minister of State (Independent Charge) of the Ministry of Law and Justice Arjun Ram Meghwal in reply to the question regarding implementation of Gram Nyayalayas Act, which was enacted by the Parliament in the year 2008.
The Section 3(1) of the Gram Nyayalayas Act, 2008 mandates that the State and Union Territory Governments, after consultation with their respective High Courts, may, by notification, establish one or more Gram Nyayalayas for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level for a group of contiguous Gram Panchayats.
Sharing list of notified and operational Gram Nyayalayas, the Minister informed the Parliament that in the Union Territory of Jammu and Kashmir 20 Gram Nyayalayas and in Ladakh two such Nyayalayas were notified. However, none of them has been made functional till date.
The Gram Nyayalayas Act was enacted for ensuring speedy and easy access to justice system in the rural areas. The Act came into force with effect from October 2, 2009 in whole of the country. However, it became applicable to Jammu and Kashmir and Ladakh following abrogation of Article 370 and as per the provisions of the Jammu and Kashmir Reorganization Act, 2019.
In the month of June 2020, the Department of Law, Justice and Parliamentary Affairs of J&K UT issued notification mentioning that the headquarters identified for the Dehi Adalats in the year 2013 shall be deemed to be the headquarters of the Gram Nyayalayas.
Thereafter, in the month of January 2021, the then Chief Justice of Common High Court of J&K and Ladakh constituted a high-level committee to look into the operationalization and functioning of the Gram Nyayalayas within the jurisdictional limit of the High Court with a view to make the institution a robust and credible pillar of justice delivery system.
However, these Gram Nyayalayas could not be made functional till date as no concrete decision has been taken by the administration about creation of infrastructure and manpower, official sources told EXCELSIOR, adding “unless decision about manpower is taken these Gram Nyayalayas cannot be made functional as it is not possible for the judiciary to divert manpower for Gram Nyayalayas because the existing courts are already facing manpower crisis”.
It is pertinent to mention here that to facilitate setting up of Gram Nyayalayas, Central Assistance up to Rs 27.60 lakh is provided per Gram Nyayalaya for meeting the non-recurring expenditure limited to Rs 18 lakh (Rs 10 lakh for office building, Rs 5 lakh for vehicle and Rs 3 lakh for furnishing the office) and recurring assistance for 50 percent of expenditure up to a ceiling of Rs 3.20 lakh per annum per Gram Nyayalaya for a period of first three years.
The Gram Nyayalaya Scheme has already been extended by the Union Government with no change in the Central Assistance for a period of 5 more years–from 01.04.2021 to 31.03.2026 with a budgetary outlay of Rs 50 crore.
The Act is aimed at providing access to justice to the citizens at their doorsteps and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities.
Only a person who is eligible to be appointed as a Judicial Magistrate of First Class can be posted as Nyayadhikari and notwithstanding anything contained in the Code of Criminal Procedure, or the Code of Civil Procedure, the Gram Nyayalaya can exercise both civil and criminal jurisdiction in the manner and to the extent provided under the Act.
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