The justice delivery system in India has long been burdened by delays, inefficiencies, and a lack of access, particularly in rural areas. The vision behind the Gram Nyayalayas Act, of 2008, was to remedy these issues by ensuring that people at the grassroots level have easier and faster access to justice. The Gram Nyayalayas Act was designed with a noble goal: to make justice more accessible, especially in rural and remote areas. This would allow Panchayats at the intermediate level to establish local courts that could handle both civil and criminal cases. The law was meant to decentralise justice and ensure that people did not have to travel long distances to seek resolution for disputes, making the process quicker, cheaper, and more effective. However, the reality in the UTs of Jammu and Kashmir and Ladakh, where the Gram Nyayalayas were notified as far back as 2021-22, is starkly different. These institutions, designed to bring justice closer to the people, have yet to be operationalised, leaving a crucial gap in the justice system.
Despite the noble intentions, the operationalisation of Gram Nyayalayas in J&K and Ladakh has faced several hurdles. In J&K, 20 Gram Nyayalayas were notified in 2021-22, one for each district. Similarly, two Gram Nyayalayas were notified for Ladakh. Yet, nearly three years later, none of them have become functional, and the situation remains bleak. The delay in operationalising these Nyayalayas is particularly alarming, considering the Central Government’s commitment to fund them. The financial assistance includes one-time funding of Rs 18 lakh per Gram Nyayalaya and recurring support of Rs 3.20 lakh per year for the first three years.
The Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, in its report, stressed that the operationalisation of these Nyayalayas should be a priority. The Government has already extended the scheme until 2025-26 with a financial outlay of Rs 50 crore, but the release of these funds is contingent upon the Gram Nyayalayas being operational and staffed. This condition underscores the urgency of the situation-the funds are available, but without proper infrastructure, Nyayadhikaris appointments, and the creation of necessary facilities, these funds cannot be utilised.
One of the significant challenges holding back the operationalisation of Gram Nyayalayas in J&K and Ladakh is the lack of infrastructure and manpower. Concrete steps regarding infrastructure development and staffing have yet to be taken. The absence of a dedicated workforce, coupled with the existing manpower crisis within the judicial system, makes it difficult to establish these new institutions. The judiciary in J&K is already facing a manpower shortage. The existing courts are burdened with heavy caseloads, and it is unrealistic to expect them to divert resources to operate the Gram Nyayalayas. For the Gram Nyayalayas to function, new judicial officers need to be appointed, and infrastructure must be created to ensure the smooth functioning of these courts. Without these critical steps, the goals of the Gram Nyayalayas Act-speedy, cost-effective justice at the local level-cannot be realised.
Moreover, the Gram Nyayalayas Act was envisioned as a means to make justice more inclusive. It aimed at ensuring that no citizen is denied justice due to social, economic, or geographical barriers. This is particularly important in regions like J&K and Ladakh, where rural communities may be geographically isolated and often face difficulties accessing formal justice systems. The establishment of Gram Nyayalayas would have empowered local populations to resolve their disputes quickly and efficiently without the need to travel long distances to urban centres, which can be costly and time-consuming.
The delay in operationalising these Nyayalayas has left many wondering about the true commitment of the administration to this cause. The process should not just be about issuing notifications and providing funding; it should be about real, actionable steps to establish and maintain these institutions. The people of J&K and Ladakh deserve access to a functioning justice system that can handle their cases in a timely and accessible manner.
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