The MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND
ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) : As per information available, 402 Gram Nyayalayas have been notified by 12 States. The State-wise details of Gram Nyayalayas notified and operational is at Annexure-I. Gram Nyayalayas have not been notified in the State of Bihar. However, the State Government has set up 8386 Gram Kachehris in Bihar, the district-wise detail of which is at Annexure-II.
(b): Section 3(3) of the Gram Nyayalayas Act, 2008 provides that Gram Nyayalayas shall be in addition to the ordinary courts established under any other law for the time being in force. For every Gram Nyayalaya, the State Government shall in consultation with the High Court appoint a Nyayadhikari in terms of Section 3(5) of the above Act. The provisions of appeals from any judgment, sentence or order of a Gram Nyayalaya in criminal cases and civil cases is laid down in Sections 33 and 34 of the said Act which is placed at Annexure-III. Gram Nyayalayas shall be deemed to be a court of Judicial Magistrate of the First Class and exercise both civil and criminal jurisdiction to the extent provided under the Act. The Nyayadhikari periodically visits the villages under his jurisdiction to hold mobile courts and conduct proceedings.
(c): Information on data relating to women advocates in High Courts and Supreme Court is not centrally maintained.
(d): 77 women are serving as Judges in the High Courts as on 20.01.2021.
(e): The appointment of Judges of the Supreme Court and High Courts are made under Articles 124 and 217 of the Constitution of India respectively. These Articles do not provide for reservation for any caste or class of persons. The Government has, however, been requesting the Chief Justices of the High Courts that while sending proposals for appointment of Judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women.
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Annexure –I
Referred to in Lok Sabha Unstarred Question No. 432 for Reply on 03.02.2021
State wise notified and functional Gram Nyayalayas
Sl. No. Name of the State Gram Nyayalyas Notified Gram Nyayalayas operational
1 Madhya Pradesh 89 89
2 Rajasthan 45 45
3 Karnataka 2 2
4 Odisha 22 16
5 Maharashtra 39 24
6 Jharkhand 6 1
7 Goa 2 0
8 Punjab 9 2
9 Haryana 3 2
10 Uttar Pradesh 113 14
11 Kerala 30 30
12 Andhra Pradesh 42 0
Total 402
225
Annexure –II
Referred to in Lok Sabha Unstarred Question No. 432 for Reply on 03.02.2021
District-wise details of Gram Kachehri in the State of Bihar.
Sl. No. Name of District No of Gram Kachehri
1. Araria 218
2. • Arwal 65
3. • Aurangabad 204
4. • Banka 185
5. • Begusarai 229
6. • Bhagalpur 242
7. • Bhojpur 228
8. • Buxar 142
9. • Darbhanga 324
10. • Gaya 332
11. • Gopalganj 234
12. • Jamui 153
13. • Jehanabad 93
14. • Kaimur 149
15. • Katihar 235
16. • Khagaria 129
17. • Kishanganj 126
18. • Lakhisarai 80
19. • Madhepura 170
20. • Madhubani 399
21. • Munger 101
22. • Muzaffarpur 385
23. • Nalanda 249
24. • Nawada 187
25. • West Champaran 315
26. • Patna 322
27. East Champaran 405
28. • Purnia (Purnea) 246
29. • Rohtas 245
30. • Saharsa 151
31. • Samastipur 381
32. • Saran 323
33. • Sheikhpura 54
34. • Sheohar 53
35. • Sitamarhi 270
36. • Siwan 293
37. • Supaul 181
38. • Vaishali 288
• Total 8386
Annexure-III
Extract of Gram Nyayalaya Act, 2008 referred to Lok Sabha Unstarred Question No. 432 for Reply on 03.02.2021
33. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law, no appeal shall lie from any judgment, sentence or order of a Gram Nyayalaya except as provided hereunder.
(2) No appeal shall lie where—
(a) an accused person has pleaded guilty and has been convicted on such plea;
(b) the Gram Nyayalaya has passed only a sentence of fine not exceeding one thousand rupees.
(3) Subject to sub-section (2), an appeal shall lie from any other judgment, sentence or order of a Gram Nyayalaya to the Court of Session.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment, sentence or order of a Gram Nyayalaya:
Provided that the Court of Session may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(5) An appeal preferred under sub-section (3) shall be heard and disposed of by the Court of Session within six months from the date of filing of such appeal.
(6) The Court of Session may, pending disposal of the appeal, direct the suspension of the sentence or order appealed against.
(7) The decision of the Court of Session under sub-section (5) shall be final and no appeal or revision shall lie from the decision of the Court of Session:
Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution.
34. (1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 or any other law, and subject to sub-section (2), an appeal shall lie from every judgment or order, not being an interlocutory order, of a Gram Nyayalaya to the District Court.
(2) No appeal shall lie from any judgment or order passed by the Gram Nyayalaya—
(a) with the consent of the parties;
(b) where the amount or value of the subject matter of a suit, claim or dispute does not exceed rupees one thousand;
(c) except on a question of law, where the amount or value of the subject matter of such suit, claim or dispute does not exceed rupees five thousand.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Gram Nyayalaya:
Provided that the District Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(4) An appeal preferred under sub-section (1) shall be heard and disposed of by the District Court within six months from the date of filing of the appeal.
(5) The District Court may, pending disposal of the appeal, stay execution of the judgment or order appealed against.
(6) The decision of the District Court under sub-section (4) shall be final and no appeal or revision shall lie from the decision of the District Court:
Provided that nothing in this sub-section shall preclude any person from availing of the judicial remedies available under articles 32 and 226 of the Constitution.
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