Lok Sabha Question No. 1406 (UNSTARRED), answered on 2023-02-10
Subject: Gram Nyayalayas
Ministry: LAW AND JUSTICE
Asked by: P. Ravindhranath, Upendra Singh Rawat

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1406

## TO BE ANSWERED ON FRIDAY, THE 10 TH  FEBRUARY, 2023

## Gram Nyayalayas

## 1406. SHRI P. RAVINDHRANATH: SHRI UPENDRA SINGH RAWAT:

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

- (a) the present status of establishment of permanent 'Gram Nyayalayas' recommended by the 114th Law Commission, State/UT-wise;
- (b) whether there is any proposal to make it mandatory for the State Governments to establish 'Gram Nyayalayas' and appoint new judicial officers to ensure speedy and easy access to judicial system to the most underprivileged citizens living in rural and scheduled tribal areas of the country and if so, the details thereof;
- (c) whether there is any proposal to revise the 'one time incentive' scheme providing financial assistance to the State Governments for establishment of 'Gram Nyayalayas', if so, the details thereof;
- (d) the tentative details including allocation of resources to the 'Gram Nyayalayas' that are scheduled to be set up in the coming three years, State/UT-wise;
- (e) whether cases pending in lower courts would be considered in these Nyayalayas, if so, the details thereof; and
- (f) the other steps being taken to provide speedy justice in rural areas?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a): To  provide  access  to  justice  to  the  citizen  at  their  door  steps,  the  Central Government has enacted the Gram Nyayalayas Act, 2008.  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 make setting up of Gram Nyayalayas mandatory. The State-wise status of Gram Nyayalayas as on date is as under:

| Sl. No.   | Name of the State/UTs   |   Gram Nyayalayas Notified |   Gram Nyayalayas Operationalised |   Amount released (Rs. in Lakhs) |
|-----------|-------------------------|----------------------------|-----------------------------------|----------------------------------|
| 1.        | Punjab                  |                          9 |                                 2 |                            25.2  |
| 2.        | Kerala                  |                         30 |                                30 |                           828    |
| 3.        | Maharashtra             |                         36 |                                23 |                           660.8  |
| 4.        | Rajasthan               |                         45 |                                45 |                          1240.98 |
| 5.        | Andhra Pradesh          |                         42 |                                 0 |                           436.82 |
| 6.        | Odisha                  |                         23 |                                19 |                           524.4  |
| 7.        | Jharkhand               |                          6 |                                 1 |                            75.6  |
| 8.        | Karnataka               |                          2 |                                 2 |                            25.2  |
| 9.        | Goa                     |                          2 |                                 0 |                            25.2  |
| 10.       | Telangana               |                         55 |                                 0 |                           693    |
| 11.       | Ladakh                  |                          2 |                                 0 |                             0    |
| 12.       | Jammu& Kashmir          |                         20 |                                 0 |                             0    |
| 13.       | Madhya Pradesh          |                         89 |                                89 |                          2456.4  |
| 14.       | Haryana                 |                          2 |                                 2 |                            25.2  |
| 15.       | Uttar Pradesh           |                        113 |                                51 |                          1323.2  |
| Total     | Total                   |                        476 |                               264 |                          8340    |

- (b) & (c): No Sir,  no such proposal are under consideration.

(d) : As  per  the  scheme,  the  Central  Government  provides  one-time  assistance  to States  towards non-recurring expenses for setting up of Gram Nyayalayas subject to a ceiling  of  Rs.  18.00  lakhs  per  Gram  Nyayalaya.    The  Central  Government  also provides assistance towards recurring expenses for operating these Gram Nyayalayas subject to a ceiling of Rs. 3.20 lakhs per Gram Nyayalaya per year for the first three years. However, as per the revised guidelines issued in 2021, Gram Nyayalayas funds will  be  released  only  after  they  have  been  notified  as  well  as  made  operational alongwith the appointment of Nyayadhikaris and reported on the Gram Nyayalayas Portal of the Department of Justice.

- (e) & (f): The  Gram  Nyayalayas  Act,  2008  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  Panchayats.  Gram Nyayalayas are deemed to be a Court of Judicial Magistrate of First Class with civil and criminal jurisdiction as provided in the Schedule to the Act.  In terms of Section 9 of  the  Act,  the  Nyayadhikari  shall  periodically  visit  the  villages  falling  under  his jurisdiction and conduct trial or proceedings at any place which he/she considers is in close proximity to the place where the parties ordinarily reside or where the whole or part  of  the  cause  of  action  had  arisen,  provided  that  where  the  Gram  Nyayalaya decides to hold mobile court outside its headquarters, it shall give wide publicity as to the date and place where it proposes to hold mobile court.  Civil and criminal cases pending before District / Session Courts or courts subordinate to them falling within the jurisdiction of the Gram Nyayalayas can be transferred to Gram Nyayalayas. The Central Government has been encouraging the States to set up more Gram Nyayalayas by providing financial assistance.

Designing  Innovative  Solutions  for  Holistic  Access  to  Justice  (DISHA)  is  a Government  of  India  Scheme  launched  for  a  period  of  five  years  2021-2026  to advance  the  cause  of  access  to  justice.  It  aims  to  design  and  consolidate  various initiatives  to  provide  citizen-  centric  delivery  of  legal  services.  Under  DISHA  at present  Tele-Law:  Reaching  the  Unreached,  Nyaya  Bandhu  (Pro  Bono  Legal Services) and Legal Literacy and Legal Awareness programmes are being implemented  at  a  pan  India  level.  Moreover,  in  order  to  ensure  its  widened  reach, dedicated Information Education and Communication (IEC) including (Technology) component has been embedded in DISHA. To strengthen pre litigation legal advice and consultation, the  Tele-Law Service connects the citizen with  the Panel lawyers through  the  use  of  video  /Tele  conferencing  facilities  available  at  the  Common Service Centres (CSCs) and via Tele-Law Mobile App. This service is free of cost and  is  currently  operational  in  1,000,00  Gram  Panchayats  across  755  Districts (including  112  Aspirational  districts)  in  36  States  /UTs.  As  on  31st  January  2023 advice has been enabled to 31 lakh beneficiaries. The Nyaya Bandhu (Pro Bono Legal Services)  programme  aims  to  provide  free  legal  assistance  and  counsel  to  the marginalized  sections.  Nyaya  Bandhu  Mobile  Application,  for  android  and  iOS phones, has been developed to connect the registered Pro Bono Advocates with the registered applicants. As on 31st January 2023, 5817 Advocates have registered under the  programme and 69 Law schools across the country have constituted 'Pro Bono Clubs' under Nyaya Bandhu (Pro Bono) programme to instil a culture towards pro bono lawyering among the law students. In addition, a total of 5 lakh beneficiaries and participants  have  been  touched  through  various  Pan  India  legal  literacy  and  legal awareness programme and webinars in the country being implemented under DISHA. To provide for a  more robust  framework, Legal Service Institutions  network  at  the National,  State  and  District  and  Taluk  level,  constituted  under  the  Legal  Services Authorities, Act, 1987 have been integrated under the DISHA scheme to expand the outreach of Tele-Law and Nyaya Bandhu (Pro bono) and embed a dedicated Legal Literacy programme across 112 Aspirational districts in the country.

*********