Lok Sabha Question No. 2770 (UNSTARRED), answered on 2020-03-11
Subject: Village Courts
Ministry: LAW AND JUSTICE
Asked by: Sudhakar Tukaram Shrangre, Devji Mansingram Patel, Pratima Bhoumik

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. †2770 TO BE ANSWERED ON WEDNESDAY, THE 11 TH  MARCH, 2020

## Village Courts

†2770. SHRI SUDHAKAR TUKARAM SHRANGARE: SHRI DEVJI M. PATEL: MS. PRATIMA BHOUMIK:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the total  number of village courts functioning in the country including Rajasthan and Tripura;
- (b) the structure of the said village courts along with the details of the scope and process to file appeal; and
- (c) the reasons for delay in setting up of village courts in all the States?

## A N S W E R

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a):      As per information available 353 Gram Nyayalayas have been notified so far by eleven States, out of which 221 are operational. The State-wise details of number of Gram Nyayalayas notified and operational, including State of Rajasthan, are given as under:

|   Sl. No. | Name of the State   |   Gram Nyayalyas Notified |   Gram Nyayalayas operational |
|-----------|---------------------|---------------------------|-------------------------------|
|         1 | Madhya Pradesh      |                        89 |                            87 |
|         2 | Rajasthan           |                        45 |                            45 |
|         3 | Karnataka           |                         2 |                             0 |
|         4 | Orissa              |                        22 |                            16 |
|         5 | Maharashtra         |                        39 |                            24 |
|         6 | Jharkhand           |                         6 |                             1 |
|         7 | Goa                 |                         2 |                             0 |
|         8 | Punjab              |                         2 |                             2 |

| 9       | Haryana       |   3 |   2 |
|---------|---------------|-----|-----|
| 10      | Uttar Pradesh | 113 |  14 |
| 11      | Kerala        |  30 |  30 |
| N Total | N Total       | 353 | 221 |

o Gram Nyayalaya has been notified or operational in the State of Tripura.

(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. Gram Nyayalayas shall 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 visit the villages under his jurisdiction to hold mobile courts and conduct proceedings.

(c):   As  per  Section  3(1)  of  the  Act,  the  State  Government,  after  consultation with the respective High Court may, by notification, establish one or more 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 group of contiguous Gram Panchayats. The Central  Government  has  no  role  in  establishment  of  the  Gram  Nyayalayas. However,    the issues affecting operationalization of the Gram Nyayalayas were discussed in the Conference of Chief Justices of High Courts and Chief Ministers of the States on 7 th April, 2013. It was decided in the Conference that the State Governments and High Courts should decide the question of setting up of  Gram Nyayalayas wherever feasible, taking into account the local issues and situation. It  is,  therefore,  upto  State  Governments  and  High  Courts  to  set  up  Gram Nyayalayas accordingly.

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## Annexure

## Extract of Gram Nyayalaya Act, 2008 referred to Lok Sabha Unstarred Question No. †2770 for Reply on 11.03.2020

| 2 of 1974             | 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   | Appeal in criminal cases.   |
|-----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------|
| Appeal in civil cases | 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.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         | 5 of 1908                   |

(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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