Lok Sabha Question No. 1396 (UNSTARRED), answered on 2021-07-28
Subject: Constituition of courts
Ministry: LAW AND JUSTICE
Asked by: Ram Kripal Yadav, Subrata Pathak, Satyadev Pachauri

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION No. †1396

## TO BE ANSWERED ON WEDNESDAY, THE 28 TH  JULY, 2021

## Constitution of courts

## †1396. SHRI RAM KRIPAL YADAV: SHRI SUBRAT PATHAK: SHRI SATYADEV PACHAURI:

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

(a) whether the Government proposes to formulate any plan to set up courts at the village level so as to develop accessible justice system for the rural people and strengthen gram panchayats through it and if so, the details thereof;

(b) the total number of rural/village courts set up in the country during each of  the  last  two  years  and  the  current  year  along  with  those  which  have  started functioning especially in Uttar Pradesh, Madhya Pradesh, Rajasthan and Uttarakhand; and

(c) whether the Government has assessed the viability of these rural/village courts and if so, the details thereof?

## ANSWER

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

(a) to (c): 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  at  intermediate  panchayat  level.    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 issues affecting operationalization of the Gram

Nyayalayas were discussed in the Conference of Chief Justices of High Courts and Chief Ministers where it was decided 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. However some of the challenges related to efficient functioning of Gram Nyayalayas are overlap of jurisdiction with regular courts, shortage of First Class Magistrates to man Gram Nyayalayas, need of a cadre of Gram  Nyayadhikaris  and  their training,  awareness  amongst stakeholders and need for mobile  courts etc.

As  per  information  made  available  by  State  Governments  /  High  Courts, while the State Government of Uttarakhand has not notified any Gram Nyayalaya, 455 Gram Nyayalayas have been notified so far by 13 States including the States of Uttar  Pradesh,  Madhya  Pradesh  and  Rajasthan.  State-wise  details  of  the  Gram Nyayalayas notified and operationalised by the State Governments, are as under:

| Sl. No.   | State          |   Gram Nyayalayas Notified |   Gram Nyayalayas Functional |
|-----------|----------------|----------------------------|------------------------------|
| 1         | Madhya Pradesh |                         89 |                           89 |
| 2         | Rajasthan      |                         45 |                           45 |
| 3         | Karnataka      |                          2 |                            2 |
| 4         | Odisha         |                         23 |                           18 |
| 5         | Maharashtra    |                         36 |                           23 |
| 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 |
| 13        | Telangana      |                         55 |                            0 |
|           | Total          |                        455 |                          226 |

A third party evaluation of the scheme was done by NITI Aayog which had recommended the continuance of Gram Nyayalayas. The Central Government has been encouraging the States to set up Gram Nyayalayas by providing non-recurring and recurring financial assistance.

***********