GRAM NYAYALAYA ACT PDF
It was established by the Gram Nyayalayas Act, Gram Nyayalayas are mobile village courts in India established for speedy and easy access to justice. (1) For the purpose of exercising the jurisdiction and powers conferred on a Gram Nyayalaya by this Act, the State Government, after consultation with the High. Keywords: nyaya panchayats, alternate disputes redessal, gram nyayalaya act. 1. Introduction. Some form of village self-government seems to have some form.
|Published (Last):||11 September 2014|
|PDF File Size:||5.92 Mb|
|ePub File Size:||14.27 Mb|
|Price:||Free* [*Free Regsitration Required]|
The primary focus of the Gram Nyayalaya is to bring about conciliation between the parties. Second Schedule See Sections 13 and Above everything else they need concrete, well planned and continuous efforts to make them work. For example, in Indore the Gram Nyayalaya functions within the regular court premises. Some government sources, who do not wish to be identified, also shared alarming information with us on the states’ apathy towards making justice accessible to all.
Subscribe to Weekly Newsletter:. The major reason behind the non-enforcement includes financial constraints, reluctance of lawyers, police officials and other State functionaries to invoke jurisdiction of Gram Nyayalayas, lukewarm response of the Bar, non-availability of notaries and stamp vendors etc. This is imperative keeping in mind the objectives of Gram Nyayalayas. This abridgment of the right to appeal from decisions in Gram Nyayalayas has been a source of concern for some.
Short title, extent and commencement. Theft as well as nyayalaa or retaining stolen property, where the value of the property stolen does not exceed rupees twenty thousand. One of the objectives of the Act was to reduce pendency and burden on lower courts in the district but the study revealed that even this has not been fulfilled.
They are aimed at providing inexpensive justice to people in rural areas at their doorsteps. The Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act.
GRAM NYAYALAYAS | Common Cause
The infrastructure and security are grossly inadequate. It minced no words when it noted that very few States had shown eagerness to establish the Gram Nyayalayas and that there was not a single Gram Nyayalayas in any of the North- Eastern States. Officers recruited to this service ought to have a degree in social work apart from a law degree.
As per its estimates, every gram nyayalaya would require a staff of at least 21 people. Views Read Edit View history.
India’s judicial system is characterized by systemic problems, including corruption, delays, pendency, increasing costs, limited legal aid, and a lack of appropriately trained lawyers graam judges. Each Gram Nyayalaya is a court of Judicial Magistrate of the first class and its presiding officer Nyayadhikari is appointed by nyayaalaya state government in consultation with the High Court.
Conclusion Despite these shortcomings, the institution of Gram Nyayalayas has been a positive step. As per the committee, setting up court infrastructure requires Rs 1 crore and the recurring cost is not less than Rs 10 lakh per court a year. In Rajasthan, however the situation is better. Overriding effect of Act in civil proceedings.
Gram Nyayalayas Act, 2008
The tribal areas in Mizoram and Nagaland have been exempted and for non-tribal areas, these North Eastern states have expressed their willingness to set up Gram Nyayalayas subject to elimination of certain legal impediments, not specified. Besides, inadequate infrastructure, non-availability of judicial officers to function as Gram Nyayadhikaries and problem of concurrent jurisdiction of regular courts were also impeding the speedy operationalization of the scheme.
This forms one of the fundamental ideas on which Gram Nyayalayas are nyyaalaya, that of providing justice at the door step of persons residing in rural areas. Failing this, the dispensation of gfam and ‘effective’ justice to each person in the farthest and nyayalayw remotest rural corners will remain a distant dream. Gram Nyayalayas may be established in every Panchayats at intermediate level or group of contiguous Panchayats at intermediate level depending upon the number of disputes which normally arise from that area.
The seat grma the Gram Nyayalaya will be located at the headquarters of the intermediate Panchayat; they will go to villages, work there and dispose of the cases. This page was last edited on nyayxlaya Decemberat According to the Act, nyayadhikaris will hold mobile courts and conduct proceedings. For millions of people in rural India, attending court is a nightmare.
Training of Gram Nyayadhikari: Sub-section 5 provides that the Gram Nyayalaya shall yram have the power, a to dismiss any case for default or to proceed ex parte; and b to set aside any such order of dismissal for default or any order passed by it for hearing the case ex parte.
A brief of the Report is presented below:. Despite these shortcomings, the institution of Gram Nyayalayas nyayalayq been a positive step. The th report of the Law Commission was the originator of the idea of a Gram Nyayalaya.
Appeal in criminal cases. Unlawful Activities Prevention Act. He has been going to a court 20 km away for the last 10 years in a case against his family members and neighbours over a minor dispute. Gram Nyayalayas Act, Why are we floundering eight years after getting a new Act?
These are summarized below:. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the nyayalays of filing of the appeal.
Birsan, too, was about to stop pursuing the case, but the mobile court has solved his problem. They draw the same salary, deriving the same powers as First Class Magistrates working under High Courts.
The Gram Nyayalayas Act,
The Gram Nyayalaya Act was passed in to make the judicial process participatory, nyagalaya and accessible to rural India. Other reasons for the institution falling short of expectations have been the lack of cooperation from lawyers and Public Prosecutors.
Gram Nyayalayas have been established on part-time basis weekly once or twice and are not in addition to the existing courts. It is inexplicable, and even frustrating, that an Indian Law Ach report prepared on the effectiveness of Gram Nyayalayas in Madhya Pradesh and Rajasthan was not made available in the public domain.
Current Status It is unfortunate that even after eight years of the Act’s enactment and the Standing Congmmittee’s stingi observations, the implementation left to the States, has been dismal across the country.