THE MINISTER OF LAW AND JUSTICE
(SHRI KIREN RIJIJU)
(a) to (e): A statement is laid on the Table of the House.
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STATEMENT REFERRED TO IN REPLY TO PARTS (A) TO (E) OF LOK SABHA STARRED QUESTION NO. 424 FOR ANSWER ON 1ST APRIL, 2022.
(a): To provide access to justice to the citizen at their door steps, the Central Government has enacted the Gram Nyayalayas Act, 2008. It provides for establishment of Gram Nyayalayas for every Panchayat at intermediate level or a group of contiguous Panchayats at intermediate level in a district or where there is no Panchayat at intermediate level in any State, for a group of contiguous group Panchayats. The Central Government has no role in setting up of the Gram Nyayalayas. However, it implements a Centrally Sponsored Scheme to fund the initial cost in terms of non-recurring expenses for setting up of Gram Nyayalayas by the States with the assistance limited to Rs. 18.00 lakhs per Gram Nyayalaya as a onetime measure. The scheme also bears 50% of the recurring expenses of these courts subject to a ceiling of Rs. 3.20 lakhs per court per annum during the first three years of their operationalization. The State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does not make setting up of Gram Nyayalayas mandatory. Nyaya Panchayats are solely the responsibility of the State Governments and the Department is not running any scheme pertaining to Nyaya Panchayats.
As per information made available by State Governments / High Courts, 476 Gram Nyayalayas have been notified so far by 15 States including Odisha. Out of these 258 are operational in 10 States, at present. State-wise details of the Gram Nyayalayas notified, operationalised by the State Governments and status of fund released by this Department, including for the State of Odisha, is as under:
Sl. No. State/UTs Gram Nyayalayas
Notified Gram Nyayalayas
Functional Fund released
(Amount in Rs.lakh)
1 Madhya Pradesh 89 89 2456.40
2 Rajasthan 45 45 1240.98
3 Kerala 30 30 828.00
4 Maharashtra 36 23 660.80
5 Odisha 23 19 444.40
6 Uttar Pradesh 113 45 1323.20
7 Karnataka 2 2 25.20
8 Haryana 2 2 25.20
9 Punjab 9 2 25.20
10 Jharkhand 6 1 75.60
11 Goa 2 0 25.20
12 Andhra Pradesh 42 0 436.82
13 Telangana 55 0 693.00
14 Jammu & Kashmir 20 0 0.00
15 Ladakh 2 0 0.00
Total 476
258
8260.00
(b): In terms of the provisions contained in the Gram Nyayalayas Act, 2008, 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 in the Schedules to the said Act. Central Government and State Government have the power to add or omit any item in such Schedules.
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 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.
(c): Appointment of Nyayadhikari in Gram Nyayalayas falls within the domain of the State Governments in consultation with the concerned High Court. Section 6(2) of the Gram Nyayalayas Act, 2008 however provides that while appointing a Nyayadhikari, representation is to be given to the members of the Scheduled Castes, the Scheduled Tribes, women and such other classes or communities as may be specified by notification, by the State Government from time to time.
(d): As per data uploaded by the High Courts on the Gram Nyayalaya portal set up by the Department of Justice, 43,914 cases have been disposed of during the period December, 2020 to February, 2022 (15 months) in these 258 Gram Nyayalayas, which on an average works out to around 136 cases per court per year.
The Gram Nyayalayas scheme has been evaluated from time to time. Following the recommendation of third party evaluation of Gram Nyayalaya Scheme, conducted by NITI Aayog during 2019-2021, the Government has extended the CSS for financial assistance to Gram Nyayalaya for a further period of five years from 01.04.2021 to 31.03.2026, with a budgetary outlay of Rs.50 crores. Revised guidelines of the scheme have also been issued accordingly on 19.08.2021.
(e): This Department has not laid down any directives relating to delivery of judgments in these guidelines as disposal of cases pending in various courts falls within the domain of judiciary. However, Chapters IV, V and VI of the Gram Nyayalayas Act, 2008 (Sections 18-32) lay down the procedure to be followed in criminal, civil and general cases respectively including the pronouncement and delivery of judgement.
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