Question : GRAM NYAYAIAYAS



(a) whether the Government proposes to establish more lower courts throughout the country for the speedy disposal of cases;

(b) if so, the details thereof alongwith the funding pattern prescribed for setting up of such courts;

(c) the number of Gram Nyayaiayas set up so far in the country;

(d) the difficulties faced in implementing the targets fixed under the scheme;

(e) the steps taken/proposed to be taken by the Government to facilitate setting up of Gram Nyayaiayas across the country;

(f) whether the Government proposes to allow one time shifting of pending cases from district courts to the village courts for speedier disposal of the same, and

(g) if so, the details thereof?

Answer given by the minister


MINISTER OF LAW & JUSTICE (Dr. M. VEERAPPA MOILY)

(a) to (g): A Statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS fa) TO (q) OF LOK SABHA STARRED QUESTION NO. 423 FOR 9TH DECEMBER, 2010 REGARDING GRAM NYAYALAYAS

(a) and (b): Establishment of subordinate courts in the country is the responsibility of the State Governments in consultation with the respective High Courts, However, the Government has accepted the recommendations of the Thirteenth Finance Commission which includes, inter-alia, a provision of Rs. 2,500 crore for increasing number of court working hours by holding morning/ evening / shift courts. The grant shall be provided to States over the period 2010-15 for the purpose.

The Gram Nyayalayas Act, 2008 has been enacted by Central Government to provide for the establishment of Gram Nyayalayas at the grass-root level for the purpose of providing access to justice to the citizens at their door steps and to ensure that opportunities for securing justice are not denied to any citizen. The Act has come into force on 2nd October, 2009 and enables the State Governments to establish Gram Nyayalayas at Intermediate Panchayat levels as per Section 3(1) of the Gram Nyayalayas Act, 2008.

(c): As per the information received from the State Governments, 144 Gram Nyayalayas have been notified so far. State-wise details are given below:

State	Notified	Opera tionalized

Madhya Pradesh 89 40

Rajasthan 45 0

Orissa 1 1

Maharashtra 9 6

Total 144 47

(d): It was originally envisaged that around 5067 Gram Nyayalayas would be set up in the country. While most of the States to which the Gram Nyayalayas Act, 2008 extends have supported the setting up of Gram Nyayalayas and some States like Madhya Pradesh, Rajasthan, Orissa and Maharashtra have already notified and operationalised Gram Nyayalayas, some States have, however, requested for higher central financial assistance. A few States have, for different reasons, not felt the need to set up Gram Nyayalayas.

(e): In terms of Section 3 of the Gram Nyayalayas Act, it is for the State Governments to establish Gram Nyayalayas after consultation with the respective High Court. To facilitate the States to set up Gram Nyayalayas, the Government provides assistance to the States towards
(i) establishing the Gram Nyayalayas @ ¥ 18.00 lakh per Gram Nyayaiaya and
(ii) meeting recurring costs involved in operating these Gram Nyayalayas @ Rs. 3.20 lakh per annum per Gram Nyayaiaya for the first three years.

(f) & (g): In terms of section 16 (1) of the Gram Nyayalayas Act, the District Court or the Court of Session, as the case may be, with effect from such date as may be notified by the High Court, may transfer all the civil or criminal cases, pending before the courts subordinate to it, to the Gram Nyayaiaya competent to try or dispose of such cases.