Lok Sabha Question No. 3087 (UNSTARRED), answered on 2024-08-09
Subject: Gram Nyayalayas
Ministry: LAW AND JUSTICE
Asked by: Shri Lumbaram Choudhary

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

## LOK SABHA UNSTARRED QUESTION NO. †3087

## TO BE ANSWERED ON FRIDAY, THE 09 TH  AUGUST, 2024

Gram Nyayalayas

## †3087.   SHRI LUMBA RAM:

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

- (a)  whether  the  Government  proposes  to  settle  the  cases  related  to  delay  in payment of wages under MNREGA related to Anganwadi workers at Panchayat level through Gram Nyayalayas and Mobile Court;
- (b) if so, the total number of Gram Nyayalayas functioning across the country, State-wise including Rajasthan;
- (c) whether Gram Nyayalayas are not able to function properly due to lack of basic infrastructure; and
- (d) if so, the total budget allocated and spent for Gram Nyayalayas during the last three years?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

- (a) & (b): No Sir. The Gram Nyayalayas Act, 2008, which came into effect from 02 nd October, 2009,  aims at providing affordable and quick access to justice to the citizens at their doorsteps. As per Section 3 (5) of the Gram Nyayalayas Act, 2008, the State Governments in consultation with their respective High Courts appoint a Nyayadhikari, an officer of the rank of Judicial Magistrate of the first

class for every Gram Nyayalaya, who is supposed to hold mobile courts as and when situation demands. Under the aegis of the Gram Nyayalayas Act, 2008, a plan  scheme  titled,  'Assistance  to  State  Governments  for  establishing  and operating  Gram  Nyayalayas'  was  introduced  in  2009  and  guidelines  were formulated for running the Gram Nyayalayas Scheme.

As  on  date,  15  States  have  implemented  Gram  Nyayalayas  Scheme  by notifying 481 Gram Nyayalayas, out of which 309 are functional in 10 States since the inception of the Scheme.  The  state-wise  details  of  the  Gram Nyayalayas (including Rajasthan) notified and operational are as under:

| Sl. No   | State           |   No. of GN Notified |   Functional GNs |
|----------|-----------------|----------------------|------------------|
| 1        | Madhya Pradesh  |                   89 |               89 |
| 2        | Rajasthan       |                   45 |               45 |
| 3        | Kerala          |                   30 |               30 |
| 4        | Maharashtra     |                   39 |               26 |
| 5        | Odisha          |                   24 |               20 |
| 6        | Uttar Pradesh   |                  113 |               92 |
| 7        | Karnataka       |                    2 |                2 |
| 8        | Haryana         |                    3 |                2 |
| 9        | Punjab          |                    9 |                2 |
| 10       | Jharkhand       |                    6 |                1 |
| 11       | Goa             |                    2 |                0 |
| 12       | Andhra Pradesh  |                   42 |                0 |
| 13       | Telangana       |                   55 |                0 |
| 14       | Jammu & Kashmir |                   20 |                0 |
| 15       | Ladakh          |                    2 |                0 |
| Total    | Total           |                  481 |              309 |

As far as settling of disputes relating to delay in payment of wages under Mahatma  Gandhi  National  Rural  Employment  Guarantee  Act  (MGNREGA), 2005, is concerned, the extant guidelines of the MGNREGA Act, via Section 30, Schedule 1, mandate the States to appoint an Ombudsperson for each District for receiving grievances, enquiring into and passing awards as per guidelines issued from time to time. There are provisions for receiving complaints via electronic (Ombudsperson App) as well as physical mode.

(c) & (d): Infrastructure is not the only issue that is hindering the performance of the Gram Nyayalayas. Studies have brought to light other factors, such as,nonfilling of the post of Nyayadhikaries in many States, non-availability of public prosecutors,  notaries  and  general  shortage  of  first-class  judicial  magistrates, limited pecuniary jurisdiction of Gram Nyayalayas, insufficient staff, inadequate financial  backing  from  States,  reluctance  from  legal  and  state  authorities  and lack  of  community  awareness.  Besides,  the  issue  of  overlapping  jurisdiction with  regular  courts  is  another  reason  for  slow  take  off  in  respect  of  Gram Nyayalayas  in  some  States.  Moreover,  many  States  have  their  own  parallel systems of village courts functioning at panchayat level. The Gram Nyayalayas Act, 2008, does not make establishment of Gram Nyayalayas mandatory for the State Governments.

A  sum  of  Rs.  8340.00  lakh  has  been  released  to  the  States  since  the inception of the Scheme. In the last three financial years (2021-22, 2022-23 and 2023-24), an amount of Rs. 28 crore was allocated, out of which Rs. 8.80 crore was released.