Today, On 12th July, The Supreme Court called for the immediate establishment of Gram Nyayalayas across the country. This directive aims to tackle the growing judicial backlog and ensure faster delivery of justice in rural areas. The court emphasized the need for accessible and efficient legal recourse at the grassroots level.
New Delhi: The Supreme Court announced today that the establishment of ‘Gram Nyayalayas’ would aid in delivering affordable and prompt justice directly to citizens, while also alleviating the backlog of cases in trial courts.
The Gram Nyayalayas Act, passed by Parliament in 2008, aimed to provide grassroots-level access to justice, ensuring no one is denied justice due to social, economic, or other barriers. The apex court instructed state chief secretaries and high court registrar generals to submit affidavits within six weeks detailing the establishment and functioning of Gram Nyayalayas, including the infrastructure provided.
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A bench comprising Justice B R Gavai and Justice K V Viswanathan issued the order following arguments from Advocate Prashant Bhushan. Representing the petitioner NGO, National Federation of Societies for Fast Justice and others, Bhushan highlighted that only 264 Gram Nyayalayas operational 16 years after the Act’s passage.
The petition, filed in the Supreme Court in 2019, sought directives for the Centre and states to expedite the setup of Gram Nyayalayas under the Supreme Court‘s supervision. The Act’s sections 5 and 6 mandate that state governments, in consultation with high courts, appoint a ‘Nyayadhikari’ for each Gram Nyayalaya, who must be qualified to serve as a judicial magistrate of the first class.
Bhushan emphasized that since the Act’s enactment in 2008, a minimum of 6,000 Gram Nyayalayas should have been established. The bench noted that Gram Nyayalayas intended not only to provide affordable and quick justice at citizens’ doorsteps but also to reduce the substantial backlog of cases in trial courts. It affirmed that the establishment of Gram Nyayalayas aligns with the goal of ensuring easy access to justice.
The bench stated,
“The right to justice encompasses the right to affordable justice.”
The court directed all state chief secretaries and high court registrar generals to submit detailed affidavits regarding the establishment and operational status of Gram Nyayalayas in their respective states within six weeks.
The Supreme Court specified that the affidavits must include details about the infrastructure provided for the Gram Nyayalayas. It emphasized that before submitting the affidavits, state chief secretaries and high court registrar generals should coordinate and discuss policies for establishing Gram Nyayalayas in their respective states.
Advocate Prashant Bhushan remarked,
“The Act dates back to 2008. Sixteen years have passed, and we are in a dire situation where less than four percent of Gram Nyayalayas have been established.”
He referred to the Supreme Court‘s January 29, 2020 order, which instructed states that had not yet issued notifications for establishing Gram Nyayalayas to do so within four weeks, and urged high courts to expedite consultations with state governments on this matter.
The bench inquired,
“What is the current status?”
And also added,
“This is not adversarial.”
When an advocate raised the issue of remedies in tribal areas, the bench noted,
“Do not limit it to tribal areas only.”
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The bench expressed a desire to understand the current status and scheduled the next hearing for September 11.
The apex court’s intervention highlights the urgent need to prioritize the implementation of the Gram Nyayalayas scheme to enhance access to justice and alleviate the burden on the overburdened higher courts. This move expected to significantly contribute to the overall strengthening of the Indian judicial system and ensure that justice delivered in a more timely and effective manner, particularly in the rural areas.