Gram Nyayalaya Act which was enacted by the Parliament in the year 2008 aims at providing access to justice to the citizens virtually at their door steps . Due to constitutional limitations , this progressive Act could not become applicable to the erstwhile state of Jammu and Kashmir. However, decks stand cleared for its implementation under the provisions of the Jammu and Kashmir Reorganisation Act of 2019. At the face of it, the Act in itself, is an innovative step in respect of giving a feel and assurance to the citizens that access to justice in a hassles free manner, right in their own districts was quite possible and achievable as well and in no way, opportunities could be denied for securing justice by reason of social, economic or other disabilities or for matters connected therewith.
Gram Nyayalaya means a court established under the said Act and shall be presided over by a Nyaya Adhikari or the Presiding Officer. It is worth noting that such courts would in no case be any substitute to the courts already functioning in such areas but shall be in addition to courts established under any law for the time being in force. Such courts will exercise both civil and criminal jurisdiction in the manner and to the extend provided for under the said Act. However, as per local limits of the area to which the jurisdiction of a Gram Nyayalaya shall extend, the UT Govt shall, after consultation with the High Court, specify the same by a notification. It is to be specifically noted that the Presiding Officer of Gram Nyayalaya shall periodically be visiting villages falling under his or her jurisdiction and conduct trial or proceedings at any place which is considered in close proximity to the place where the parties ordinarily reside or where the cause of the action, whether in whole or in part, had arisen. This was surely going to start a new environment of opportunities of access to justice in Jammu and Kashmir , right in the vicinity of the parties involved and thus increasingly reduce the hassles of travelling and spending avoidable time and money. That due publicity was mandatorily to be given about holding of mobile court outside the Headquarters was going to lend credibility and seriousness to such a judicial facility.
The question about the availability of additional Judicial Officers to man vast number of Gram Nyayalayas, however, should not be at the cost of the existing courts as by all calculations , the shortage of Judicial Officers is otherwise felt which calls for fresh appointments to make the establishment of such courts meaningful and really useful to the public. Perhaps, that could be the reason, the implementation of this innovative idea could not proceed further in the year 2013 when the then Government of Jammu and Kashmir made efforts to establish such courts. Identification of headquarters of such courts too was done but wherefrom the requisite manpower would come with no immediate solution, kept the very idea of proceeding further in an indefinite abeyance.
The High Court while dealing with a Public Interest Litigation in December 2018 viewed seriously the disinterested approach of the Government questioning its stand on the important issue. Now, seemingly positive developments in this regard are taking place and the Department of Law , Justice and Parliamentary Affairs of UT Government has approached the Union Ministry of Law and Justice requesting for releasing sufficient funds for early establishment of the Gram Nyayalayas . It is hoped that the 12 long years’ wait by the people would shortly be over and the benefits under the said legislation would be obtained by them especially in matters pertaining to Protection of Civil Rights Act, Payment of Minimum Wages Act, Prevention of Bonded Labour System (abolition )Act, Protection of Women from Domestic Violence Act , property disputes and the like.
Follow our WhatsApp channel
