Lok Sabha Question No. 310 (UNSTARRED), answered on 2023-07-21
Subject: Gram Nyayalayas
Ministry: LAW AND JUSTICE
Asked by: Nishikant  Dubey

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 310

## TO BE ANSWERED ON FRIDAY, THE 21 ST  JULY, 2023

## Gram Nyayalayas

## 310. DR. NISHIKANT DUBEY:

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

- (a)  the  names  of  places  where  Gram  Nyayalayas  and  Nyay  Panchayats  are operational in Jharkhand;
- (b)  the  details  of  such  Nyay  Panchayats  in  tribal  areas  of  Jharkhand,  districtwise;
- (c) the nature of cases being heard in these Gram Nyayalayas;
- (d)  whether  the  Government  has  analysed  the  success  rate  of  these  Gram Nyayalayas and Nyay Panchayats; and
- (e) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTRY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE (SHRI ARJUN RAM MEGHWAL)

- (a)  &  (b):  In  order  to  provide  access  to  justice  to  the  citizens  at  their  door steps, the Central Government had 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  their  respective  High  Courts.    However,  the Act  does  not

make  setting up of Gram  Nyayalayas mandatory. There is only one operational  Gram  Nyayalaya  in  the  State  of  Jharkhand  in  the  district  of Koderma, Jharkhand.

(c): 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. (d)&(e):  As per data uploaded by the High Courts on the Gram Nyayalaya portal set up by the Department of Justice, 15,405 cases have been disposed of during the period April 2023 to July, 2023 (as on 17 th July, 2023) in 269 Gram Nyayalayas operational in the country as on 17 th July, 2023. 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. As per the directions of the Government, further review of the performance of Gram Nyayalayas was to be done after one year to  assess  its  efficacy  as  an  institution  in  providing  speedy  and  affordable justice  to  the  rural  marginalised  and  decide  on  its  future.  Consequently,  the third  party  evaluation  of  the  Scheme  has  been  awarded  and  currently underway.

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