SC issues notice to HCs on plea for setting up of ‘Gram Nyayalayas’

Subject: Polity

Context:

The Supreme Court has recently sought a response from all high courts on a 2019 plea seeking a direction to the Centre and all states for taking steps to set up ‘Gram Nyayalayas’ under the supervision of the top court.

What is the issue:

The petition was filed by NGO National Federation of Societies for Fast Justice in 2019 said sections 5 and 6 of the 2008 Act provided that the 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 of the First Class.
The top court had in 2020 directed the states, which had not notified ‘Gram Nyayalayas’, to do so in four weeks, and asked high courts to expedite the process of consultation with state governments on the issue.
Despite a direction from the top court in 2020, many states have yet not taken any action.

What is Gram Nyayalaya:

Gram Nyayalayas or village courts are established under the Gram Nyayalayas Act, 2008 for speedy and easy access to the justice system in the rural areas of India.
The Act came into force from 2nd October 2009.

What are the Jurisdiction of Gram Nyayalaya:

A Gram Nyayalaya has jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regard.
The Gram Nyayalaya shall be established for every Panchayat at the intermediate level or a group of contiguous Panchayats at the intermediate level in a district.
The seat of the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases.
They have both civil and criminal jurisdiction over the offences.
The Gram Nyayalayas have been given power to accept certain evidence which would otherwise not be acceptable under Indian Evidence Act.
Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance.

What is the process of appeal:

Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal.
Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal.