Lok Sabha Question No. 1593 (UNSTARRED), answered on 2019-11-27
Subject: Gram Nyayalayas
Ministry: LAW AND JUSTICE
Asked by: Sanjay Seth

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

## LOK SABHA

## TO BE ANSWERED ON WEDNESDAY, THE 27 TH  NOVEMBER, 2019

## UNSTARRED QUESTION NO. 1593 Gram Nyayalayas

## 1593. SHRI SANJAY SETH:

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

- (a) whether  the  Government  has  set  up  Gram  Nyayalayas  across  the  country and if so, the details thereof, State-wise including Jharkhand and the present status thereof;
- (b) whether the villages are facing difficulties in getting justice from Subordinate/High Courts as they are far away from their places of residence and if so, the steps taken by the Government to set up Gram Nyayalayas in villages;
- (c) whether  the  cases  pending  in  lower  courts  would  be  considered  in  these Nyayalayas and if so, the details thereof;
- (d) the  details  of  funds  allocated  and  released  to  the  States  for  setting  up  of Gram Nyayalayas in the country; and
- (e) the other steps being taken to provide speedy justice in rural areas?

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

- (a): In  terms  of  Section  3  (1)  of  the  Gram  Nyayalayas  Act,  2008,  the  State Governments are responsible for establishing Gram Nyayalayas in consultation with the respective High Courts. However, the Act does not mandate setting up of Gram Nyayalayas because of this only 11 States have established Gram Nyayalayas. The Central Government has been requesting States and High Courts for establishment of Gram Nyayalayas in the respective States. As per the information made  available by  the various State Governments / High Courts there are 353 Gram Nyayalayas notified, out of which 221 are operational. The  State-wise details including Jharkhand, are given as follows:
- (b):      The  Gram  Nyayalayas  Act,  2008  has  been  enacted  vide  notification  dated 7 th January, 2009 for establishment of Gram Nyayalayas at the grass roots level for the  purposes  of  providing  access  to  justice  to  the  citizens  at  their  doorsteps.  The Gram  Nyayalayas  Act  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.
- (c): As per Section 16 of the Gram Nyayalayas Act, 2008, the District Court or the Court of Session, 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 Nyayalayas  and  that  the  Gram  Nyayalaya  may,  in  its  discretion,  either  re-try  the cases or proceed from the stage at which it was transferred to it.
- (d):  Funds allocated under the Scheme of Gram Nyayalayas are fully released to States.  The  details  of  funds  released  to  States  under  the  Scheme  are  given  as follows:

| 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         | Odisha              |                        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 |
| Total     | Total               |                       353 |                           221 |

|   Sl. No. | Name of the State   |   Total |
|-----------|---------------------|---------|
|         1 | Madhya Pradesh      | 2456.4  |
|         2 | Rajasthan           | 1240.98 |
|         3 | Karnataka           |   25.2  |
|         4 | Odisha              |  337.4  |
|         5 | Maharashtra         |  337.8  |
|         6 | Jharkhand           |   75.6  |
|         7 | Goa                 |   25.2  |
|         8 | Punjab              |   25.2  |
|         9 | Haryana             |   25.2  |
|        10 | Uttar Pradesh       | 1323.2  |
|        11 | Kerala              |  828    |

(e): 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  7th  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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