A bench led by Justice B.R. Gavai was reviewing a petition requesting the Centre and all states to take action to establish Gram Nyayalayas under the Supreme Court’s supervision.
NEW DELHI: Today (September 11): The Supreme Court stated that establishing Gram Nyayalayas nationwide would enhance access to justice. The 2008 Act mandated the creation of these courts at the grassroots level to provide justice at citizens’ doorsteps and ensure that social, economic, or other disabilities do not prevent access to justice.
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A bench led by Justice B.R. Gavai was reviewing a petition requesting the Centre and all states to take action to establish Gram Nyayalayas under the Supreme Court’s supervision.
Advocate Prashant Bhushan, representing the petitioner NGO National Federation of Societies for Fast Justice, noted that only about five to six percent of these courts have been established so far. He highlighted that some states argue against the need for Gram Nyayalayas, citing the presence of Nyaya Panchayats instead.
The bench also included Justices P.K. Mishra and K.V. Viswanathan.
“Certain states are claiming that Gram Nyayalayas are unnecessary because Nyaya Panchayats are already in place.”
He clarified that Nyaya Panchayats differ from Gram Nyayalayas, which have judicial officers.
The bench appointed a senior advocate as amicus curiae to assist in the case, stating,
“The sooner these Nyayalayas are established, the better it will be for access to justice.”
An advocate from the Himachal Pradesh High Court informed the bench that the court has been requesting the state government to establish Gram Nyayalayas since 2009.
Despite repeated reminders, the state has taken no action. The apex court directed the Himachal Pradesh government to respond before the next hearing, scheduled in four weeks, and instructed states or high courts that haven’t filed affidavits to do so within three weeks.
On July 12, the apex court noted that establishing more Gram Nyayalayas would enhance access to justice, reduce the burden on trial courts, and provide affordable justice at the doorstep.
It directed chief secretaries and high court registrar generals to file affidavits within six weeks detailing the establishment and functioning of Gram Nyayalayas, including available infrastructure.
Bhushan had previously argued for a directive to all states to notify and establish Gram Nyayalayas as mandated by the Gram Nyayalayas Act of 2008, which requires the appointment of a ‘Nyayadhikari’ for each Gram Nyayalaya, a role eligible to be filled by a judicial magistrate first class.
