Lok Sabha Question No. 424 (STARRED), answered on 2022-04-01
Subject: Gram Nyayalayas
Ministry: LAW AND JUSTICE
Asked by: Aparajita Sarangi

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

## LOK SABHA

## STARRED QUESTION No *424

## TO BE ANSWERED ON FRIDAY, THE 1 ST  APRIL, 2022

## Gram Nyayalayas

## *424.  SHRIMATI  APARAJITA  SARANGI:

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

- (a) the total number of Gram Nyayalayas and Nyaya Panchayats in India, State/UT-wise including Odisha;
- (b) whether the Government has specified the types of cases that can be dealt with by them, if so, the details thereof;
- (c) whether the Government has specified any mandatory reservation for women,  SCs,  STs  or  OBCs  in  the  constitution  of  Gram  Nyayalayas  and Nyaya Panchayats, if so, the details thereof;
- (d) whether the Government has analyzed the success rate of such Gram Nyayalayas  and  Nyaya  Panchayats,  if  so,  the  observations  made  in  this regard and if not, reasons therefor; and
- (e) whether the Government has laid down any guidelines for the Gram Nyayalayas and Nyaya Panchayats in delivery of judgments and proposed sanctions if these guidelines are not abided by, if so, the details thereof?

## ANSWER

## 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 1 ST   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 |                             2456.4  |
| 2         | Rajasthan      |                         45 |                           45 |                             1240.98 |
| 3         | Kerala         |                         30 |                           30 |                              828    |
| 4         | Maharashtra    |                         36 |                           23 |                              660.8  |
| 5         | Odisha         |                         23 |                           19 |                              444.4  |
| 6         | Uttar Pradesh  |                        113 |                           45 |                             1323.2  |
| 7         | Karnataka      |                          2 |                            2 |                               25.2  |
| 8         | Haryana        |                          2 |                            2 |                               25.2  |
| 9         | Punjab         |                          9 |                            2 |                               25.2  |
| 10        | Jharkhand      |                          6 |                            1 |                               75.6  |
| 11        | Goa            |                          2 |                            0 |                               25.2  |
| 12        | Andhra Pradesh |                         42 |                            0 |                              436.82 |
| 13        | Telangana      |                         55 |                            0 |                              693    |
| 14        | Jammu &Kashmir |                         20 |                            0 |                                0    |
| 15        | Ladakh         |                          2 |                            0 |                                0    |
| Total     | Total          |                        476 |                          258 |                             8260    |

(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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