Lok Sabha Question No. 432 (UNSTARRED), answered on 2021-02-03
Subject: Village Courts
Ministry: LAW AND JUSTICE
Asked by: Sanjay Jaiswal

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

## LOK SABHA

## UNSTARRED  QUESTION NO. 432

## TO BE ANSWERED ON WEDNESDAY, THE 3 RD  FEBRUARY, 2021

## Village Courts

## 432.   DR. SANJAY JAISWAL:

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

- (a)  the  total  number  of  village  courts  functioning  in  the  country  including Bihar, district-wise;
- (b) the structure of the said village courts along with the details of the scope and process to file appeal;
- (c) the details of number of women advocates who are practicing in the High Courts and the Supreme Court; state-wise;
- (d)  the  number  of  women  who  are currently  serving  as  Judge  in  the  High Courts; and
- (e) the steps that have been taken by the Ministry to include more women in the judicial system of India?

## 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, 402 Gram Nyayalayas have been notified by

12 States. The State-wise details of Gram Nyayalayas notified and operational is at Annexure-I. Gram Nyayalayas have not been notified in the State of Bihar.

However, the State Government has set up 8386 Gram Kachehris district-wise detail of which is at

in Bihar, the Annexure-II.

(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-III .  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  under  the  Act.  The  Nyayadhikari  periodically  visits  the villages under his jurisdiction to hold mobile courts and conduct proceedings. (c):  Information  on  data  relating  to  women  advocates  in  High  Courts  and Supreme Court is not centrally maintained. (d): 77 women are serving as Judges in the High Courts as on 20.01.2021. (e): The appointment of Judges of the Supreme Court and High Courts are made under  Articles  124  and  217  of  the  Constitution  of  India  respectively.  These Articles  do  not  provide  for  reservation  for  any  caste  or  class  of  persons.  The Government has, however, been requesting the Chief Justices of the High Courts that  while  sending  proposals  for  appointment  of  Judges,  due  consideration  be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes,

Other Backward Classes, Minorities and Women.

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Referred to in Lok Sabha Unstarred Question No. 432 for Reply on 03.02.2021

State wise notified and functional Gram Nyayalayas

| Sl. No.   | Name of the State   |   Gram Nyayalyas Notified |   Gram Nyayalayas operational |
|-----------|---------------------|---------------------------|-------------------------------|
| 1         | Madhya Pradesh      |                        89 |                            89 |
| 2         | Rajasthan           |                        45 |                            45 |
| 3         | Karnataka           |                         2 |                             2 |
| 4         | Odisha              |                        22 |                            16 |
| 5         | Maharashtra         |                        39 |                            24 |
| 6         | Jharkhand           |                         6 |                             1 |
| 7         | Goa                 |                         2 |                             0 |
| 8         | Punjab              |                         9 |                             2 |
| 9         | Haryana             |                         3 |                             2 |
| 10        | Uttar Pradesh       |                       113 |                            14 |
| 11        | Kerala              |                        30 |                            30 |
| 12        | Andhra Pradesh      |                        42 |                             0 |
| Total     | Total               |                       402 |                           225 |

## Referred to in Lok Sabha Unstarred Question No. 432 for Reply on 03.02.2021

## District-wise details of Gram Kachehri in the State of Bihar.

| Sl. No.   | Name of District   |   No of Gram Kachehri |
|-----------|--------------------|-----------------------|
| 1.        | Araria             |                   218 |
| 2.       | Arwal              |                    65 |
| 3.       | Aurangabad         |                   204 |
| 4.       | Banka              |                   185 |
| 5.       | Begusarai          |                   229 |
| 6.       | Bhagalpur          |                   242 |
| 7.       | Bhojpur            |                   228 |
| 8.       | Buxar              |                   142 |
| 9.       | Darbhanga          |                   324 |
| 10.      | Gaya               |                   332 |
| 11.      | Gopalganj          |                   234 |
| 12.      | Jamui              |                   153 |
| 13.      | Jehanabad          |                    93 |
| 14.      | Kaimur             |                   149 |
| 15.      | Katihar            |                   235 |
| 16.      | Khagaria           |                   129 |
| 17.      | Kishanganj         |                   126 |
| 18.      | Lakhisarai         |                    80 |
| 19.      | Madhepura          |                   170 |
| 20.      | Madhubani          |                   399 |
| 21.      | Munger             |                   101 |
| 22.      | Muzaffarpur        |                   385 |
| 23.      | Nalanda            |                   249 |
| 24.      | Nawada             |                   187 |
| 25.      | West Champaran     |                   315 |
| 26.      | Patna              |                   322 |
| 27.       | East Champaran     |                   405 |
| 28.      | Purnia (Purnea)    |                   246 |
| 29.      | Rohtas             |                   245 |
| 30.      | Saharsa            |                   151 |
| 31.      | Samastipur         |                   381 |
| 32.      | Saran              |                   323 |
| 33.      | Sheikhpura         |                    54 |
| 34.      | Sheohar            |                    53 |
| 35.      | Sitamarhi          |                   270 |
| 36.      | Siwan              |                   293 |
| 37.      | Supaul             |                   181 |

2 of 1974

## Appeal in civil cases

| 38.   | Vaishali   |   288 |
|-------|------------|-------|
|      | Total      |  8386 |

## Annexure-III

## Extract of Gram Nyayalaya Act, 2008 referred to Lok Sabha Unstarred Question No. 432 for Reply on 03.02.2021

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  of  the Constitution.

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;

Appeal in criminal cases.

(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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