Establishment of Gram Nyayalayas will improve access to justice: SC
The Supreme Court on Wednesday said the establishment of Gram Nyayalayas across the country would improve access to justice.
In 2008, the parliament passed a law that provided for the establishment of Gram Nyayalayas at the local level. These organisations were to provide citizens with access to justice in their homes and ensure that no one was denied the opportunity for justice due to social, economic or other disadvantages.
A bench headed by Justice BR Gavai was hearing a plea to the Centre and all states to take steps to set up ‘Gram Nyayalayas’ under the supervision of the Supreme Court.
During the hearing, advocate Prashant Bhushan, appearing for the petitioner, NGO National Federation of Societies for Fast Justice and others, said that only five to six percent of Gram Nyayalayas have been formed so far.
“Some states say we don’t need Gram Nyayalayas because we have Nyaya Panchayats,” Bhushan told the bench, also comprising Justices PK Mishra and KV Viswanathan.
He said that Nyaya Panchayats are not really the same as Gram Nyayalayas, where judicial officers work.
The court has appointed an experienced attorney to assist it as amicus curiae in this case.
“The sooner these Nyayalayas are established, the better the access to justice,” the court said.
A lawyer representing the Himachal Pradesh High Court told the court that the Supreme Court has been writing to the state government since 2009 requesting it to set up Gram Nyayalayas.
The court noted that counsel for the Himachal Pradesh High Court has stated that despite repeated reminders to the state to constitute Gram Nyayalayas, no steps have been taken in the matter.
The Supreme Court directed the Himachal Pradesh government to file its response before the next hearing.
The case was filed for hearing after four weeks.
The court asked states and high courts that have not yet filed affidavits in the case to file them within three weeks.
While hearing the case on July 12, the Supreme Court observed: “We are of the view that the creation of more Gram Nayayalayas would not only ensure access to justice at an affordable cost and justice at the doorstep but would also remove the huge number of cases still pending in the courts.”
It had directed the chief secretaries of the states/union territories and the registrars general of the high courts to file affidavits within six weeks giving details of the establishment and functioning of Gram Nyayalayas, including the infrastructure made available for the purpose.
Bhushan had earlier argued that guidelines should be issued to all states to notify and establish Gram Nyayalayas as enshrined in law in the Gram Nyayalays Act, 2008.
He had said that Sections 5 and 6 of the 2008 Act provide that the State Government in consultation with the High Court shall appoint a ‘Nyayadhikari’ for every Gram Nyayalaya, who is eligible for appointment as a Judge First Class.
The Supreme Court on January 29, 2020, had directed states, which had not yet issued notifications for formation of Gram Nyayalayas, to do so within four weeks.
It had asked the high courts of the states where the formation of Gram Nyayalayas and appointment of its members were pending to expedite the process of consultations with the respective governments.
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First publication: Sep 12, 2024 | 12:22 PM IST